New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 10 - NON-COAL MINING
Part 11 - INSPECTION, ENFORCEMENT AND PENALTIES
Section 19.10.11.1110 - PROCEDURE FOR PENALTY ASSESSMENT

Universal Citation: 19 NM Admin Code 19.10.11.1110

Current through Register Vol. 35, No. 24, December 23, 2024

A. The permittee may submit written and oral information about the alleged violation to the Director and to the inspector who issued the notice of violation or cessation order. The Director shall consider any information so submitted in determining the facts surrounding the alleged violation and the amount of the penalty.

B. The Director shall serve a copy of the proposed penalty assessment and of the worksheet showing the computation of the proposed penalty on the permittee, in the manner prescribed in Subsection B of 19.10.11.1104 NMAC. The Director shall serve the proposed penalty assessment no later than 30 days after the date set for abatement of the violation or issuance of the cessation order. Failure by the Director to serve the proposed penalty within 30 days shall not be grounds for dismissal of all or part of such violation or penalty unless the permittee:

(1) proves actual prejudice as a result of the delay; and

(2) makes a timely objection to the delay. An objection shall be timely only if made in the normal course of administrative and judicial review.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.