N.M. Admin. Code § 21.34.13.9 - ASSESSING PENALTIES

The assessment of administrative penalties will be used as an intermediate step between field enforcement actions and court action, or when stop sale orders are not appropriate or have proven to be ineffective in resolving a problem, and not as a daily punitive enforcement tool. All monies derived from administrative penalties to be deposited in the state general fund after all expenses. When a duly authorized agent of the director finds, in his judgment, that a person has violated a provision of law or rules adopted pursuant to law, with concurrence of the supervisor, he shall notify the person in writing that the department intends to assess a penalty in accordance with the provisions of this rule. Such penalty may be in addition to or in lieu of administrative actions, such as stop sale orders. The department also reserves the right to file criminal charges according to the provisions of the laws administered by the department.

A. The inspector shall notify his division director, through his immediate supervisor, of the proposed penalty. The division director shall review the facts in the case, and may request additional information. If the division director determines there should be no penalty assessed, the alleged violator shall be notified in writing.

B. If the division director, after careful review and consideration determines there should be a penalty assessed, he shall make recommendation to the director as to the amount and nature of the penalty. The director shall review the facts in the case, and may request additional information. If the director determines there should be no penalty, the alleged violator shall be notified in writing by the division director. If the director determines a penalty is warranted by the facts in the case, he shall notify the alleged violator of the amount and nature of the penalty. Violations/offenses are per business location not per company and will be based on offenses per routine inspection. All inspections will be based on adopted testing and inspection procedures. In making his determination as to the nature and amount of penalty, the director shall be guided by Sections 10, 11, 12, and 14 of this part.

Notes

N.M. Admin. Code § 21.34.13.9

21.34.13.9 NMAC - N, 3/14/2008