N.M. Admin. Code § 19.10.11.1110 - PROCEDURE FOR PENALTY ASSESSMENT
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.
Notes
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