Current through Register Vol. 35, No. 24, December 23, 2024
A. Challenging AVS
linkage and violation status.
(1) Any
applicant or other person shown in AVS in an ownership or control link to any
person may challenge such link in accordance with the provisions of Subsection
B through Subsection D of
19.8.11.1117 NMAC and
19.8.11.1118 NMAC, unless such
applicant or other person is bound by a prior administrative or judicial
determination concerning the link.
(2) Any applicant or other person shown in
AVS in an ownership or control link to any person cited in a federal violation
notice may challenge the status of the violation such notice covers in
accordance with the provisions of Subsection B through Subsection D of
19.8.11.1117 NMAC and
19.8.11.1118 NMAC, unless such
applicant or other person is bound by a prior administrative or judicial
determination concerning the violation's status.
(3) Any applicant or other person shown in
AVS in an ownership or control link to any person cited in a state violation
notice may challenge the status of the violation covered by such notice in
accordance with the state program equivalents to Subsection B through
Subsection D of
19.8.11.1117 NMAC and
19.8.11.1118 NMAC for the state
that issued the violation notice, unless such applicant or other person is
bound by a prior administrative or judicial determination concerning the
violation's status.
B.
Any applicant or other person who wishes to challenge an ownership or control
link shown in AVS or a federal violation's status, and who is eligible to do so
under the provisions of Paragraphs (1) or (2) of Subsection A of
19.8.11.1117 NMAC, shall submit a
written explanation of the challenge's basis, along with any relevant
evidentiary materials and supporting documents, to the director.
C. The director shall review any information
the applicant or other person submitted under Subsection B of
19.8.11.1117 NMAC and shall make a
written decision whether or not the applicant or other person has shown the
ownership or control link is erroneous or rebutted or whether the violation the
notice covers remains outstanding, has been corrected, is in the process of
being corrected or is the subject of a good faith appeal within the meaning of
Paragraph (1) of Subsection C of
19.8.11.1105 NMAC.
D. Notification of decision.
(1) If, as a result of the decision the
director reached under Subsection C of
19.8.11.1117 NMAC, the director
determines that the applicant or other person has shown the ownership or
control link is erroneous or rebutted or that the violation the notice covers
has been corrected, is in the process of being corrected or is the subject of a
good faith appeal, the director shall so notify the applicant or other person
and OSM, and shall correct the information in AVS.
(2) If, as a result of the decision the
director reached under Subsection C of
19.8.11.1117 NMAC, the director
determines that the applicant or other person has not shown the ownership or
control link is erroneous or rebutted and that the violation the notice covers
remains outstanding, the director shall so notify the applicant or other person
and OSM, and update the information in AVS, if necessary.
(a) The director shall serve a copy of the
decision on the applicant or other person by certified mail. Service shall be
complete upon the notice or mail's tender and shall not be deemed incomplete
because of a refusal to accept.
(b)
The applicant or other person may appeal the director's decision in accordance
with 19.8.12 NMAC. The director's decision shall remain in effect during the
appeal's pendency, unless the district court grants temporary relief.
