N.M. Admin. Code § 19.10.11.1104 - SERVICE
A. A notice of
violation shall be in writing, signed by the Director and shall set forth:
(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.
B. A notice of violation, cessation
order, order to show cause or final order suspending or revoking a permit shall
be served promptly after issuance as follows:
(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.
C. The Director shall cause copies of notices
and orders to be furnished to the owner of the permit area, a corporate officer
of the permittee or the financial assurance company when so requested in
writing.
Notes
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