A. A notice of violation or cessation order shall be served on the person to whom it is directed or his designated agent promptly after issuance as follows.

(1) By tendering a copy at the coal exploration or surface coal mining and reclamation operation to the designated agent or to the individual who, based upon reasonable inquiry by the director's duly authorized representative, appears to be in charge of the coal exploration or surface coal mining and reclamation operation referred to in the notice or order. If no such individual can be located at the site, a copy may be tendered to any individual at the site who appears to be a supervisory employee or agent of the person to whom the notice or order is issued. Service shall be complete upon tender of the notice or order and shall not be deemed incomplete because of refusal to accept.

(2) As an alternative, service may be made by sending a copy of the notice or order by certified mail or by hand to the person to whom it is issued or his designated agent. Service shall be complete upon tender of the notice or order or of the mail and shall not be deemed incomplete because of refusal to accept.

E. Upon request, the director shall furnish copies of notices and orders and all documents relating to inspection and enforcement actions to the director of the office of surface mining reclamation and enforcement, pertaining to coal exploration operations and surface coal mining and reclamation operations which are subject to the provisions of a state-federal cooperative agreement.

[11-29-27; 19.8.30.3003 NMAC - Rn, 19 NMAC 8.2.30.3003, 9-29-2000; A, 08-31-2010]