N.M. Code R. § 19.8.30.3004 – Informal Hearings

A. Within ten (10) days of service of a notice of violation under 19.8.30.3001 NMAC or cessation order under 19.8.30.3001 NMAC, the person to whom the notice or order was issued may require an informal hearing by notifying the director, in writing, of his request for such hearing. The director may, for good cause shown, extend the time for requesting a notice of a hearing provided that the total time for request including any such extension, does not exceed fifteen (15) days from service of notice or order.
B. The right to an informal hearing, as provided in this section, shall be deemed waived if the person to whom notice of violation or cessation order is given fails to request in writing such hearing within ten (10) days or if granted by the director, within any additional extension of time after service of the notice or order.
C. Within five days after the close of an informal hearing the director may affirm, modify or vacate the notice or order in writing. The decision shall be sent to the person to whom the notice or order was issued, or any person who filed a report which led to the notice or order.
D. At the request of the operator to whom the notice or order is given, the hearing on a notice of violation or cessation order may be delayed until a proposed civil penalty assessment is served in accordance with 19.8.31.3105 NMAC. In any event, the director may, at an informal hearing, resolve the amount of a civil penalty with the agreement of the operator, notwithstanding that no proposed civil penalty assessment has yet been served in accordance with 19.8.31.3105 NMAC.
[11-29-27; 19.8.30.3004 NMAC - Rn, 19 NMAC 8.2.30.3004, 9-29-2000; A, 08-31-2010]
HISTORY OF 19.8.30 NMAC:
Pre-NMAC History:
The material in Part 30 was derived from that previously filed with the State Records Center and Archives under:
SB 73-1 Regulations of the State of New Mexico Coal Surfacemining Commission, filed 1-10-73 and its amendment filed 8-4-76
SB 78-1 (Rule 78-1) Regulations of the State of New Mexico Coal Surfacemining Commission, filed 8-31-78
SB 79-1 (Rule 79-1) New Mexico Coal Surfacemining Regulations, filed 7-11-79
CSMC Rule 80-1 (Rule 80-1) Surface Coal Mining Regulations, filed 9-24-80; and all amendments to CSMC Rule 80-1, filed 7-29-82, 11-10-83, 3-5-84, 7-19-84, filed 8-6-84, 8-23-84, 3-28-89, 6-15-90, 9-18-90, 2-15-91, 5-8-91, 8-26-91, 10-4-91, 7-28-92, 1-25-93, 11-1-94, 3-10-95, 4-12-95, 12-21-95.
Other History:
Renumbered and reformatted CSMC Rule 80-1, Surface Coal Mining Regulations (filed 9-24-80) to 19 NMAC 8.2, Coal Surface Mining, effective 11-29-1997.
Renumbered 19 NMAC 8.2 Subpart 30 Enforcement (filed 11-13-97) to 19.8.30 NMAC Enforcement effective 9-29-2000.