Written notice of non-compliance may be issued by the director and sent by certified mail to the operator. The operator shall submit a written response to the director within ten (10) days of certified mail receipt of the notice of non-compliance. Failure to respond in writing to the director within the ten (10) day limit may result in referral by the director to the appropriate district attorney for prosecution. Each individual failure to comply with a rule or regulation, or failure to respond to a written notice will constitute a separate and unlawful act that may be prosecuted. Each unlawful act is subject to a fine of not more than two hundred dollars ($200.00) or imprisonment or both.

[8-21-89; 19.7.1.12 NMAC - Rn, 19 NMAC 7.1.12, 5/30/2003]

History of 19.7.1 NMAC:

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

EMNRD MMD 89-1, Mine Registration, Reporting and Safeguarding, filed 8-21-89.

History of Repealed Material: [RESERVED]

Other History:

That portion of EMNRD MMD 89-1, Mine Registration, Reporting and Safeguarding, filed 8-21-89 was renumbered, reformatted, amended and replaced into first version of the New Mexico Administrative Code as 19 NMAC 7.1, New Mexico Mine Registration and Reporting, filed 09/28/95.

19 NMAC 7.1, New Mexico Mine Registration and Reporting, filed 09/28/95, was renumbered, reformatted and replaced by 19.7.1 NMAC, New Mexico Mine Registration and Reporting , effective 05/30/2003.