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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