N.M. Admin. Code § 19.8.30.3004 - INFORMAL HEARINGS
A. Within
ten (10) days of service of a notice of violation under
19.8.30.3001 NMAC or cessation
order under
19.8.30.3001 NMAC, the person to
whom the notice or order was issued may require an informal hearing by
notifying the director, in writing, of his request for such hearing. The
director may, for good cause shown, extend the time for requesting a notice of
a hearing provided that the total time for request including any such
extension, does not exceed fifteen (15) days from service of notice or
order.
B. The right to an informal
hearing, as provided in this section, shall be deemed waived if the person to
whom notice of violation or cessation order is given fails to request in
writing such hearing within ten (10) days or if granted by the director, within
any additional extension of time after service of the notice or
order.
C. Within five days after the
close of an informal hearing the director may affirm, modify or vacate the
notice or order in writing. The decision shall be sent to the person to whom
the notice or order was issued, or any person who filed a report which led to
the notice or order.
D. At the
request of the operator to whom the notice or order is given, the hearing on a
notice of violation or cessation order may be delayed until a proposed civil
penalty assessment is served in accordance with
19.8.31.3105 NMAC. In any event,
the director may, at an informal hearing, resolve the amount of a civil penalty
with the agreement of the operator, notwithstanding that no proposed civil
penalty assessment has yet been served in accordance with
19.8.31.3105
NMAC.
Notes
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