RODARTE v. STATE TAXATION & REV. DEPT.

No. 16180.

900 P.2d 978 (1995)

120 N.M. 229

Alex RODARTE, Petitioner-Appellee, v. STATE of New Mexico TAXATION AND REVENUE DEPARTMENT MOTOR VEHICLE DIVISION, Respondent-Appellant.

Court of Appeals of New Mexico.

June 22, 1995.


Attorney(s) appearing for the Case

Thomas J. Mescall, Higgins, Mescall & Lee, Albuquerque, for petitioner-appellee.

Tom Udall, Atty. Gen., Judith Mellow, Sp. Asst. Atty. Gen., Taxation and Revenue Dept., Santa Fe, for respondent-appellant.


OPINION

PICKARD, Judge.

The Department appeals from the district court's reversal of the Department's revocation of Petitioner's driver's license. The only issue raised on appeal is the proper interpretation of NMSA 1978, Section 66-8-112(B) and (C) (Repl.Pamp.1994). The Department contends that the thirty-day time limit in the phrase "[a] date for the hearing shall be set by the department, if practical, within thirty days" should be interpreted...

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