ASSESSMENT:

1. A. The director shall review each notice of violation and cessation order in accordance with the assessment procedures described in this part to determine whether a civil penalty will be assessed, the amount of the penalty and whether each day of a continuing violation will be deemed a separate violation for purposes of the total penalty assessed.
2. B. The director shall assess a penalty for each cessation order.

3. C. The director may assess a penalty for each violation. In determining whether to assess a penalty, the director shall consider the factors listed in 19.8.31.3101 NMAC. Normally, a penalty will be assessed when a violation is assigned 31 points or more.

   [11-29-97; 19.8.31.3100 NMAC - Rn, 19 NMAC 8.2.31.3100, 9-29-2000]