N.M. Code R. § 11.5.5.301 – Issuance and Amendment of Citation

A. General: Issuance of a citation shall be in accordance with the requirements of the Act and 11 NMAC 5.1.23 [now 11.5.1.23 NMAC].
B. Amended citation: After receipt of a notice of contest or a petition for modification of abatement period, the department may amend a citation only:
(1) by leave of the commission pursuant to motion of the department; or
(2) pursuant to a settlement agreement.
C. Vacation of citation: Nothing in Subsection B of this Section shall preclude the department from unilaterally vacating a citation as provided in Section 307.A.1.a [now Subparagraph (a) of Paragraph (1) of Subsection A of 11.5.5.307 NMAC].
[10/1/94, 1/1/96; Recompiled 11/30/01]