New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 10 - NON-COAL MINING
Part 11 - INSPECTION, ENFORCEMENT AND PENALTIES
Section 19.10.11.1104 - SERVICE

(1) the nature of the violation, including a citation to the requirement allegedly violated;

(2) time for abatement;

(3) description of the portion of the operation to which the notice applies; and

(4) a notice of the opportunity to submit information in response and to request a conference under 19.10.11.1110 NMAC and 19.10.11.1111 NMAC.

(1) By tendering a copy at the operation to the designated agent or to the individual who, based upon reasonable inquiry by the Director, appears to be in charge of the operation referred to in the notice or order. If no such individual can be located at the site, a copy may be tendered to any individual at the site who appears to be a supervisory employee or agent of the permittee to whom the notice or order is issued. Service shall be complete upon tender of the notice or order and shall not be deemed incomplete because of refusal to accept.

(2) As an alternative, service may be made by sending a copy of the notice or order by certified mail, return receipt requested, or by hand to the permittee to whom it is issued or to his designated agent. Service shall be complete upon tender of the notice or order to the mail and shall not be deemed incomplete because the permittee refuses to accept the certified mail.