N.M. Admin. Code § 20.11.100.35 - ENFORCEMENT ACTION, DENIAL, SUSPENSION OR REVOCATION OF CERTIFICATIONS
A. The program
manager is authorized, after reasonable investigation and showing of a
violation of any provision of 20.11.100 NMAC , to take enforcement actions
including monetary penalties and denial, suspension or revocation of
certification to operate under the program as a certified air
care station or certified air care inspector. In
deciding on an appropriate action, the program manager may consider: past
violations on file against the charged party, previous actions that may have
been taken by the program against the charged party, settlement or consent
agreements that document past violations, and judicial decisions if related to
the requirements of 20.11.100 NMAC .
B. Notwithstanding the provisions of
Subsection C of
20.11.100.35 NMAC , the program
manager may immediately suspend or revoke the certification of a certified
air care station or certified air care
inspector if the program manager determines that continued operation as an
air care station or air care inspector would
jeopardize the public health, safety and welfare; violate 20.11.100 NMAC or
compromise the program .
C. Before
taking any action to suspend or revoke a certification, the program manager
shall inform the inspector or station owner of the charges. Any party so
informed may request a hearing on the merits before the program manager . The
request shall be made in writing to the program manager within 15 consecutive
days after receiving the notice of intent to suspend or revoke the
certification.
D. Upon receipt of a
written request for a hearing on the merits, the program manager shall set a
date, time and place for the hearing no more than 60 consecutive days from the
date of receipt of the request. No fewer than 15 consecutive days before the
hearing, the program manager shall inform the charged party of the date, time
and place of the hearing. The program manager may appoint a hearing officer. At
the hearing, the charged party may demonstrate why a monetary penalty should
not be imposed and the certification should not be suspended or revoked. The
hearing officer shall provide findings of fact, conclusions of law and a
written recommendation to the program manager based on the evidence presented
at the hearing.
E. After the
hearing on the merits, based on the findings of the initial investigation and
the recommendation of the hearing officer, the program manager shall take
appropriate action including but not limited to any one or a combination of the
following: monetary penalty, suspension or revocation of the certification or
dismissal of the charges. The program manager may impose monetary penalties as
authorized by the City of Albuquerque and Bernalillo County Joint Air Quality
Control Board Ordinances, the City of Albuquerque and Bernalillo County Motor
Vehicle Emissions Control Ordinances and the New Mexico Air Quality Control
Act . The program manager may consider past violations on file against the
charged party, previous actions that may have been taken by the program against
the charged party, settlement or consent agreements that document past
violations and judicial decisions if related to the requirements of 20.11.100
NMAC .
F. After a hearing specified
by 20.11.100.35 NMAC , any party whose
application for certification is denied or certificate is suspended or revoked
may appeal the decision of the program manager to the board . To perfect the
appeal to the board , the appellant shall deliver a written request to the
headquarters within 15 consecutive days after receipt of the program manager 's
decision. At the next regular meeting of the board , the program manager shall
inform the board that an appeal has been filed. The board may make its
determination based on the record or may require a hearing de novo. If the
board decides on a hearing de novo, the petitioner shall pay a fee of $125.00
pursuant to Subsection C of
20.11.2.22 NMAC by the deadline
established by the board . A hearing de novo shall be held in accordance with
20.11.81 NMAC . The board may uphold, overturn or amend the program manager 's
decision. If the board decides to conduct a hearing de novo, the board may
appoint a hearing officer, and the board shall set a date, time and place for
the hearing and shall hold the hearing within 90 consecutive days of the
headquarters ' receipt of the written request. No fewer than 15 consecutive days
before the hearing, the board shall inform the appellant of the date, time and
place of the hearing. The decision of the board shall be final.
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