New Mexico Administrative Code
Title 18 - TRANSPORTATION AND HIGHWAYS
Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE
Part 4 - PIPELINE SAFETY ENFORCEMENT PROCEDURES
Section 18.60.4.15 - STIPULATION
Universal Citation: 18 NM Admin Code 18.60.4.15
Current through Register Vol. 35, No. 6, March 26, 2024
A. At any time before the issuance of a final order, the director and the respondent may agree to resolve a case by stipulation. The stipulation may include assessment or waiver of a civil or administrative penalty or other sanctions.
B. A stipulation shall include:
(1) an admission by the respondent of all
jurisdictional facts;
(2) an
express waiver of the right to pursue further procedural remedies before the
commission and of the right to seek judicial review or otherwise challenge or
contest the validity of the stipulation;
(3) an acknowledgement that the notice of
probable violation may be used to construe the terms of the
stipulation;
(4) an acknowledgement
that the stipulation will be considered a violation for purposes of penalties
for subsequent violations; and
(5)
a statement of the actions to be taken by the respondent and the time by which
each action shall be accomplished.
C. If a case is resolved by stipulation, staff shall file a motion requesting approval of the stipulation and closing of the case.
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