N.M. Admin. Code § 19.8.31.3111 - PROCEDURE FOR ASSESSMENT OF INDIVIDUAL CIVIL PENALTY

A. The director shall serve on each individual to be assessed an individual civil penalty a notice or proposed individual civil penalty assessment, including a narrative explanation of the reasons for the penalty, the amount to be assessed, and a copy of any underlying notice of violation and cessation order.

B. The notice of proposed individual civil penalty assessment shall become a final order of the director 30 days after service upon the individual unless:

(1) the individual files within 30 days of service of the notice of proposed individual civil penalty assessment a petition for review in accordance with 19.8.12.1203 NMAC; or

(2) the director and the individual or responsible corporate permittee agree within 30 days of service of the notice or proposed individual civil penalty assessment to a schedule or plan for the abatement or correction of the violation, failure or refusal.

C. Service. For purposes of this section, service is sufficient if it would satisfy SCRA 1986, 1-004 for service of a summons and complaint.

Notes

N.M. Admin. Code § 19.8.31.3111

11-29-97; 19.8.31.3111 NMAC - Rn, 19 NMAC 8.2.31.3111, 9-29-2000