N.M. Admin. Code § 19.10.11.1111 - PROCEDURE FOR CONFERENCE
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.
Notes
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