N.M. Admin. Code § 15.11.21.9

Current through Register Vol. 35, No. 23, December 10, 2024

Section 15.11.21.9 - RESIDENT AGENT DESIGNATION

A. Except for sole proprietors, every licensee shall designate a "resident agent" to accept service of all orders and notices of the division. The resident agent must have:

(1) no conviction for:

a. any felony in any jurisdiction, or

b. two convictions for violations of the act within any twelve-month period;

(2) limited power of attorney and authority to bind the applicant to matters related to liquor sales and operations;

(3) authority and ability to accept service of all orders, subpoenas, notices and other legal documents from the division, including any notice of charge pursuant to the act on behalf of its principal; and

(4). residency in the state of New Mexico.

B. To designate a resident agent, a licensee shall file, with the division, an application on division forms. The designation of resident agent may be terminated upon written notification to the department by either the licensee or the resident agent. A licensee shall have 10 days from the date of termination of the agency relationship to file an application for a new resident agent. Any application filed more than 10 days from the date of termination of the resident agent shall be accompanied by an additional fee as set forth at 15.11.26.9 NMAC.

C. A licensee may designate as many resident agents as it deems necessary for the operation of the business.

D. The application fee for designation of each resident agent shall be as set forth at 15.11.26.9 NMAC.

E. The designation of a resident agent shall not relieve the licensee of any responsibilities or liabilities to the division for violations or compliance with the act.

N.M. Admin. Code § 15.11.21.9

3/31/97; 7/15/99; Recompiled 12/31/01, Adopted by New Mexico Register, Volume XXVIII, Issue 08, April 25, 2017, eff. 4/25/2017