New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 10 - NON-COAL MINING
Part 11 - INSPECTION, ENFORCEMENT AND PENALTIES
Section 19.10.11.1111 - PROCEDURE FOR CONFERENCE

Universal Citation: 19 NM Admin Code 19.10.11.1111

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

A. A permittee who receives a notice of violation or a cessation order pursuant to 19.10.11.1102 NMAC or a proposed penalty assessment may request a conference for a review of the Director's action by submitting a written request to the Director within 15 days from the date of service. The Director shall arrange for a conference if a timely request for a conference is made. The Director, in his sole discretion, may arrange for a conference if a late request for a conference is made.

(1) If the permittee requests a conference, the Director may assign a conference officer to hold the conference. This person shall not be the inspector signing the notice or order. The conference shall be informal in nature and not be governed by the rules of evidence for adjudicatory hearings. The conference shall be held within 30 days from the date of issuance of the notice of violation, cessation order, or proposed penalty assessment unless the Director grants an extension for good cause shown.

(2) The conference officer shall consider all relevant information. The conference officer shall make his recommendation to the Director to affirm, modify or vacate the notice of violation or cessation order or affirm, decrease or vacate the proposed penalty, if any.

B. The Director, within 30 days after the conference, shall serve the permittee with his order regarding the violation and penalty. When a conference is held, the period for filing a petition for review of the director's action pursuant to Section 69-36-15 NMSA 1978 shall run from the date of service of the director's order pursuant to this subsection.

C. When the permittee notifies the Director that the violation has been abated, the permittee may request a reduction of points under Subsection D of 19.10.11.1106 NMAC. The Director may reduce any penalty by awarding points for good faith compliance.

D. All penalties must be paid within 30 days after the penalty assessment, or any Director's order issued following a conference held pursuant to 19.10.11.1111 NMAC.

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