A. The department shall immediately suspend, without notice or a public hearing, the operating authority of a motor carrier for failure to continuously maintain the forms and amounts of financial responsibility prescribed by department rule.

B. The department may immediately suspend, without notice or a public hearing, the operating authority of a motor carrier for violation of a safety requirement of the Motor Carrier Act, the department’s rules or the rules of the New Mexico state police division of the department of public safety, if the violation endangers the public health or safety.

C. The department may, upon complaint or the department’s own initiative and after notice and a public hearing, if required, order involuntary suspension, revocation or amendment, in whole or in part, of an operating authority for failure to:

(1)     comply with a provision of the Motor Carrier Act;

(2)     comply with a lawful order or rule of the department;

(3)     comply with a term of service of an operating authority or tariff; or

(4)     render reasonably continuous and adequate service under a certificate. D. The department may approve an application for reinstatement of an operating authority following involuntary suspension if it finds, after notice and public hearing requirements are met, that:

(1)     the reasons for the involuntary suspension no longer pertain; and

(2)     the holder of the operating authority is fit, and a certificate holder is able, to provide the authorized transportation services, and the holder will comply with the Motor Carrier Act and the rules of the department.