N.M. Admin. Code § 19.20.4.12 - VIOLATIONS
A. NOTICE OF
DEFICIENT CONDITION: The division may issue a notice of deficient condition for
violation of the act, 19.20.4 NMAC or a harvest permit. The division may issue
a notice of deficient condition for violations that harm the forest or forest
resources and will require the permittee or responsible person or entity to
cease the violation and take corrective action to repair the deficient
condition.
(1) The division may serve upon
the permittee or responsible person or entity a notice of deficient condition
if:
(b) the violation or activity creates harm or
the potential for harm to the forest or forest resource.
(2) The notice of deficient condition shall
set forth:
(a) the specific nature of the
violation charged or harm to the forest or forest resources;
(b) the specific course of action needed to
correct such violation;
(c) the
date such correction shall be completed; and
(d) the recipient's right to a hearing to
review the notice of deficient condition.
(3) The division shall serve the notice of
deficient condition upon the permittee or responsible person or entity by
personal delivery or certified mail return receipt requested. If the notice is
not served upon the permittee the division shall provide a copy to the
permittee by first class mail or personal service.
B. REVOCATION OF A HARVEST PERMIT:
(1) The state forester may revoke a harvest
permit for the following:
(a) refusal to
allow the division to enter and inspect a permitted area;
(b) failure to timely complete corrective
action after receiving a notice of deficient condition;
(c) discovery that any of the reasons for
harvest permit application denial exists; or
(d) failure to keep statements of
understanding current.
(2) To proceed with revocation of a harvest
permit the division shall schedule a revocation hearing and provide written
notice of intent to revoke to the permittee by personal delivery or certified
mail return receipt requested at least 10 working days before the date set for
the hearing. The written notice of the intent to revoke shall include the
hearing's date, time and location.
(a) The
hearing shall be held before the state forester.
(b) The division shall provide evidence as to
the reasons to revoke the harvest permit and the permittee may provide evidence
as to the reasons not to revoke the harvest permit.
(c) Oral testimony at the hearing shall be
made under oath. The division shall make a tape or stenographic record of the
hearing.
(d) If the state forester
finds that a preponderance of the evidence supports revocation, the state
forester shall revoke the harvest permit.
(e) The state forester shall issue a written
final decision within 10 working days after the close of the hearing or
deadline for the submission of additional materials following the
hearing.
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