N.M. Admin. Code § 19.8.31.3107 - REQUEST FOR HEARING
A. The
person charged with the violation may contest the proposed penalty or the
alleged violation by submitting a petition and an amount equal to the proposed
penalty, or, if a conference has been held, the reassessed or affirmed penalty
to the director to be held in escrow as provided in Subsection B of
19.8.31.3107 NMAC within 30 days
from receipt of the proposed assessment or reassessment or 30 days from the
date of service of the conference officer's action, whichever is later. The
fact of the violation may not be contested, if it has been decided in a review
proceeding commenced under
19.8.31.3108 NMAC.
B. All funds submitted under Subsection A of
19.8.31.3107 NMAC shall be held in
escrow pending completion of the administrative and judicial review process, at
which time the director shall disburse them as provided
19.8.31.3108 NMAC.
C. The request for hearing and any hearing
procedure shall be governed by
19.8.12.1203 NMAC and any contest
of a proposed penalty may, unless inconsistent with the timing of a hearing on
a notice of violation or cessation order, be combined with any such proceeding
under 19.8.12.1203
NMAC.
Notes
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