N.M. Admin. Code § 20.11.101.26 - DISCIPLINARY ACTION, DENIAL, SUSPENSION, OR REVOCATION OF CERTIFICATIONS
A. The Program
Manager is authorized, after reasonable investigation and showing of a
violation of any provisions of 20.11.101 NMAC , to take disciplinary actions
including monetary penalties, and/or denial, suspension, or revocation of
certification to operate under the Program as a certified fleet AIR CARE
station , certified AIR CARE inspector or certified AIR CARE technician . In
deciding on an appropriate action, the Program Manager may consider past
violations on file against the charged party as well as previous actions, which
have been taken by the Program against the charged party.
B. Notwithstanding the provisions of
Subsection C of
20.11.101.26 NMAC , the Program
Manager may immediately suspend the certification of a certified fleet AIR CARE
station , certified AIR CARE inspector or certified AIR CARE technician if the
Program Manager determines that continued operation as an fleet AIR CARE
station , AIR CARE inspector or an AIR CARE technician would jeopardize the
public health, safety and welfare; violate the VPMP Procedures Manual, or
20.11.101 NMAC ; or compromise the Program. In the case of immediate suspension
or revocation, a hearing shall be held within fourteen calendar days of receipt
of a written request for a hearing by the station, inspector, or
technician.
C. Prior to taking any
action to suspend or revoke a certification, the Program Manager shall inform
the inspector, technician, or fleet station manager of the charges. Any party
so informed may request a hearing on the merits before the Program Manager .
Such request must be made in writing to the Program Manager within fifteen (15)
consecutive days of receipt of 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 sixty days from the date of
receipt of the request. No fewer than fifteen 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/or the certification should not be suspended or
revoked.
E. At the hearing on the
merits, the Program Manager may take appropriate action including monetary
penalties and/or suspension or revocation of the certification or dismissal of
the charges based on the findings of the initial investigation and the evidence
presented at the hearing. The Program Manager may issue monetary penalties,
which are authorized by the City of Albuquerque and Bernalillo County Joint Air
Quality Control Board Ordinances; the City of Albuquerque and Bernalillo County
Motor Vehicle Control Ordinances, or the Air Quality Control Act . The Program
Manager may consider past violations on file against the charged party as well
as previous actions, which may have been taken by the Program, or the judicial
system against the charged party which are related to the requirements of
20.11.101 NMAC , the Procedures Manual, or other Program guidelines and
requirements.
F. Any party whose
application for certification is denied, suspended, or revoked may appeal the
decision of the Program Manager to the Board . To perfect the appeal to the
Board , the appellant must deliver a written request to the Headquarters within
fifteen consecutive days after receipt of the Program Manager 's decision. The
Board may make its determination based on the record or may require a hearing
de novo. 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 ninety (90) days of the Board 's
receipt of the written request. No fewer than fifteen 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.
G. Enforcement provisions regarding AIR CARE
Inspection Facilities shall be incorporated and made part of the contract
between the Program and Contractor. Penalties for violation of this Part may
include monetary fines, suspensions or termination of the contract.
Notes
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