N.M. Code R. § 19.8.31.3105 – Procedure for Civil Penalty Assessment

A. Within 15 days of service of a notice or order, the person to whom it was issued may submit written information about the violation to the director and to the inspector who issued the notice of violation or cessation order. The director or his authorized representative shall consider any information so submitted in determining the facts surrounding the violation and the amount of the penalty.
B. The director shall serve a copy of the proposed assessment and of the worksheet showing the computation of the proposed assessment on the person to whom the notice or order was issued, by certified mail, within 30 days of the issuance of the notice or order. If the mail is tendered at the address of that person set forth in the sign required under Subsection C of 19.8.20.2000 NMAC or at any address at which that person is in fact located, and he refuses to accept delivery of or to collect such mail, the requirements of this subsection shall be deemed to have been complied with upon such tender. Failure by the director to serve any proposed assessment within 30 days shall not be grounds for dismissal of all or part of such assessment unless the person against whom the proposed penalty has been assessed:
(1) proves actual prejudice as a result of the delay; and
(2) makes a timely objection to the delay; an objection shall be timely only if made in the normal course of administrative and judicial review.
C. Unless a conference has been requested, the director or his representative shall review and reassess any penalty if necessary to consider facts which were not reasonably available on the date of issuance of the proposed assessment because of the length of the abatement period. The director shall serve a copy of any such reassessment and of the worksheet showing the computation of the reassessment in the manner provided in Subsection B of 19.8.31.3105 NMAC within 30 days after the date the violation is abated.
D. Consolidation of hearings. If the director proposes an assessment or reassessment prior to the running of the time for requesting an informal hearing pursuant to 19.8.30.3004 NMAC, any conference requested pursuant to 19.8.31.3106 NMAC may be consolidated with such informal hearing procedure upon a determination by the director that consolidation is appropriate.
[11-29-97; 19.8.31.3105 NMAC - Rn, 19 NMAC 8.2.31.3105, 9-29-2000; A, 12-31-2007]