N.M. Code R. § 19.8.29.2903 – Review of Decision Not to Inspect or Enforce

A. Any person who is or may be adversely affected by a coal exploration or surface coal mining and reclamation operation may ask the director to review informally the decision not to inspect or take appropriate enforcement action with respect to any violation alleged by that person in a request for an inspection under 19.8.29.2901 NMAC. The request for review shall be in writing and include a statement of how the person is or may be adversely affected and why the decision merits review.
B. The director shall conduct the review and inform the person, in writing, of the results of the review within 30 days of his or her receipt of the request. The person alleged to be in violation shall also be given a copy of the results of the review, except that the name of the citizen shall not be disclosed unless confidentiality has been waived or disclosure is required under state law.
C. Informal review under this part shall not affect any right to informal review under 69-25A-29 NMSA 1978 of the act or to a citizen's suit under 69-25A-24 NMSA 1978 of the act.
[11-29-97; 19.8.29.2903 NMAC - Rn, 19 NMAC 8.2.29.2903, 9-29-2000]