N.M. Admin. Code § 20.11.100.34 - HISTORY OF VIOLATIONS

A. If the program manager determines that an air care station or air care inspector has a history of violations, the level of enforcement or penalty assessment may be increased for any future violations. The program manager shall not be limited to considering the immediately-preceding 12-month period to determine whether a history of violations exists.

B. When violations continue to occur at an air care station or by an air care inspector following previous enforcement actions, the program manager may issue a more severe enforcement action, including but not limited to: issuing a notice of violation instead of a written warning for a minor violation, or issuing an intent to revoke or suspend a certification for a non-minor violation that is the latest violation in a history of violations.

C. When violations continue to occur at an air care station or by an air care inspector following previous enforcement actions, the program manager may assess more severe penalties or a greater number of penalty points as a result of an air care station or air care inspector committing additional errors or violations.

D. Significant accumulation of penalty points shall result in an enforcement action described in 20.11.100.35 NMAC.

Notes

N.M. Admin. Code § 20.11.100.34

20.11.100.34 NMAC - N, 1/1/12