N.M. Stat. § 25-1-9
Immediate suspension of permit by agency.
The agency may suspend a permit immediately without prior notice to the holder of
the permit if it determines, after inspection, that conditions within a food service
establishment present a substantial danger of illness, serious physical harm or death to
consumers who might patronize the food service establishment. A suspension action
taken under this section is effective when communicated to the food service
establishment operator or any employee or agent of the operator who is in charge of the
premises involved. If there is no designated employee or agent in charge of the
premises, communication to any employee physically present on the premises is
sufficient communication to make the suspension effective. No suspension action taken
under this section shall continue beyond the time that the conditions causing the
suspension cease to exist, as determined by an inspection by the agency at the request
of the food service operator.