1. A. If the director finds a violation of the act or these rules, a notice of penalty shall be filed. A notice of penalty shall contain sufficient facts to support the penalty, and the dollar amount of the penalty.
2. B. A party may request reconsideration of a notice of penalty by filing a motion for reconsideration within fifteen (15) days of service of the notice of penalty.

3. C. The director may file an action for enforcement of any final penalty in the appropriate district court if payment is not made within thirty (30) days of entry of the notice of penalty or within fifteen (15) days of an order on a motion for reconsideration.

   HISTORY OF 11.4.5 NMAC:

   Pre-NMAC History: The material in this part was derived from that previously filed with the State Records Center:

   WCA 86-3, Evidentiary Rules, filed 5/26/1987.

   WCA 89-3, Evidentiary Rules, filed 6/20/1989.

   WCA 92.4, Evidentiary Rules, filed 10/30/1992.

   WCA 91-1, Miscellaneous Proceedings and Preliminary Questions of Fact, filed 1/24/1991.

   WCA 91-1, Miscellaneous Proceedings and Preliminary Questions of Fact, filed 5/29/1991.

   WCA 92.1, Rules Governing Miscellaneous Proceedings and Preliminary Questions of Fact, filed 10/30/1992.

   WCA 93-1, Rules Governing Miscellaneous Proceedings and Preliminary Questions of Fact, filed 10/28/1993.

   History of Repealed Material:

   11 NMAC 4.5, Enforcement and Administrative Investigations, filed 5/20/1996, Recompiled 11/30/2001, Repealed effective 10/1/2014.

[11.4.5.16 NMAC - Rp, 11 NMAC 4.5.16, 10/1/2014]