N.M. Code R. § 19.10.11.1110 – Procedure for Penalty Assessment

A. The permittee may submit written and oral information about the alleged violation to the Director and to the inspector who issued the notice of violation or cessation order. The Director shall consider any information so submitted in determining the facts surrounding the alleged violation and the amount of the penalty.
B. The Director shall serve a copy of the proposed penalty assessment and of the worksheet showing the computation of the proposed penalty on the permittee, in the manner prescribed in Subsection B of 19.10.11.1104 NMAC. The Director shall serve the proposed penalty assessment no later than 30 days after the date set for abatement of the violation or issuance of the cessation order. Failure by the Director to serve the proposed penalty within 30 days shall not be grounds for dismissal of all or part of such violation or penalty unless the permittee:
(1) proves actual prejudice as a result of the delay; and
(2) makes a timely objection to the delay. An objection shall be timely only if made in the normal course of administrative and judicial review.
[7-12-94, 2-15-96, 12-29-2000; 19.10.11.1110 NMAC – Rn, 19 NMAC 10.2.11.1110, 05-15-2001]