1. A. Requests for review or written responses.

   (1) If the division proposes to terminate a concession contract for noncompliance with the contract terms, the division shall send a notice of proposed termination to the concessionaire identifying the areas of noncompliance. The notice shall provide that the concessionaire may request review by the secretary of the division’s proposal to terminate by responding in writing to the proposal to terminate within 15 calendar days after the notice of the proposed termination’s receipt. The notice shall provide that proposed termination shall be effective 30 calendar days after the concessionaire’s receipt of the notice if the concessionaire does not request review. The division may include in a concession contract provisions that provide other reasons for termination and a review process for terminations based upon those reasons.

   (2) If the division decides to terminate a concession contract immediately without notice due to a life endangering situation, the concessionaire may request review by the secretary or respond in writing within 15 calendar days after termination.

   (3) If the division does not approve a concessionaire’s request for transfer, sale, subcontract or any other transaction requiring approval as set forth in Subsection A of 19.5.5.12 NMAC, the concessionaire may request review by the secretary or respond in writing within 15 calendar days after receipt of notice that the division did not approve the transfer, sale, subcontract or other transaction.

2. B. Review by the secretary shall consist of an informal oral response by the concessionaire in which the concessionaire may present justification, facts, etc. that support continuing the concession’s operation. If the concessionaire requests review of a decision, the department shall meet with the concessionaire within 15 calendar days following the request. The secretary may designate an employee of the department, but not of the division, to hear the concessionaire’s response.
3. C. The secretary shall consider the concessionaire’s written or oral response. The secretary shall send a final notice to the concessionaire either affirming or withdrawing the decision within 15 calendar days after the written response’s receipt or within 15 calendar days after the oral response. The secretary’s decision shall be final and is not subject to further review or appeal within the department.

[19.5.5.13 NMAC - Rp, 19.5.5.13 NMAC, 1/1/2008]