N.M. Code R. § 18.21.4.11 – Application and Appeal Procedures

A. Application Procedures: Applications for tourist oriented directional signing shall be submitted to the appropriate District Highway and Transportation Office.
B. Applications shall be accompanied with a photocopy of the business license or other document that shows the actual registered name of the business and/or DBA that is to be the legend on the TOD sign(s).
C. The application shall include a sketch map.
D. The appropriate District Traffic Engineer shall review/verify TOD applications. Conditions and recommendations regarding approval will be forwarded with the application to the State Maintenance Bureau.
E. TODS permits shall be issued to each eligible applicant, up to the maximum number allowed.
F. If the number of approved applicants for an intersection is greater than the number of spaces available, space shall be allocated as follows:
(1) Year-round operations shall take precedence over seasonal activities, except when the distance computation of the bumping procedure applies.
(2) If paragraph 5.6.1 [Paragraph (1), Subsection F., Section 5 of 18.21.4.5 NMAC] of this sub-regulation does not apply, order of priority shall be the closest, qualified applicant to the intersection that have applied for a TODS permit in order to fill vacant space(s).
(3) Once an activity or site is approved for signing, it may occupy a space as long as it continues to qualify. However, a year-round activity will be able to bump a seasonal activity except when the distance computation of the bumping procedure applies.
G. Bumping Process: Rank current and new applicants - highest score gets bump. Notify business of intent to be bumped by March 1st, using Certified/Return Receipt Mail.
(1) Financial - not paid up to date is an AUTOMATIC BUMP.
(2) Distance - 1 point for each 0.1 mile from the TODS intersection to the location of the business.
(3) Waiver - 30 points each.
H. Appeal Procedure: Any order of the Department denying an application under these rules, or for removal of a business sign pursuant to section 5.7 may be appealed by the applicant or permitees to the appropriate District Office. The District shall notify applicants or permittees promptly on any application denial or decision to remove a sign.
[12/31/98; 18.21.4.11 NMAC – Rn, 18 NMAC 21.4.11, Recompiled 11/16/01]