N.M. Admin. Code § 6.23.3.11 - ENFORCEMENT OF REQUIREMENTS
A. The
secretary shall give written notification to a cooperative and its member
entities of any failure of the cooperative to meet applicable requirements in
any of its programs or activities. The notice shall specify the deficiency.
Within thirty days after receipt of the notice of failure to meet requirements,
the council shall:
(1) comply with the
specific and attendant requirements; or
(2) submit plans satisfactory to the
secretary to meet such requirements.
B. The secretary shall suspend from authority
and responsibility any council which has had notice of deficiency(ies) pursuant
to Subsection A of
6.23.3.11 NMAC and fails to comply
with procedures set forth in Subsection A, Paragraphs (1) and (2) of
6.23.3.11 NMAC. The secretary or
the secretary's designee shall act in lieu of the suspended council until the
suspension is removed.
C. To
suspend a council, the secretary shall deliver to the council an alternative
order of suspension, stating the cause for the suspension and the effective
date and time the suspension will begin. The alternative order shall also
contain notice of a time, date, and place for a public hearing, prior to the
beginning of suspension, to be held by the secretary or the secretary's
designee, at which the council may appear and show cause why it should not be
suspended. Within five days after the hearing, the secretary shall continue,
modify or withdraw the alternative order.
D. Within one-hundred eighty (180) days after
the entry of the order of suspension, the secretary shall withdraw the order of
suspension or continue the order of suspension for an additional period of up
to one-hundred eighty (180) days.
(1) Upon
the secretary's withdrawal of the order of suspension, the council shall be
restored to its full authority and responsibility.
(2) Upon the secretary's determination that
the order of suspension be continued for an additional period of up to
one-hundred eighty (180) days, the secretary shall afford the council the
opportunity for a hearing within a reasonable time. At this hearing, the
council may appear and show cause why the order of suspension should not be
continued. After the hearing, the secretary shall continue the order of
suspension for a period not to exceed one-hundred eighty (180) days or withdraw
the order of suspension.
E. Within one-hundred eighty (180) days after
the entry of an order of continued suspension pursuant to Subsection D,
Paragraph (2) of
6.23.3.11 NMAC, the secretary shall
determine that the order of suspension be withdrawn or that the council should
appear and show cause why the order of suspension should not be made permanent.
Upon the secretary's determination that the order of suspension be withdrawn,
the council shall be restored to its full authority and responsibility. Upon
the secretary's determination that the council should appear and show cause why
the order of suspension should not be made permanent, the secretary shall
afford the council the opportunity for a hearing within a reasonable time. At
this hearing, the council may appear and show cause why the order of suspension
should not be made permanent. After the hearing, the secretary shall withdraw
the order of suspension or make the order of suspension permanent. A permanent
order of suspension shall result in the dissolution of the
cooperative.
Notes
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