N.M. Code R. § 19.8.31.3107 – Request for Hearing

A. The person charged with the violation may contest the proposed penalty or the alleged violation by submitting a petition and an amount equal to the proposed penalty, or, if a conference has been held, the reassessed or affirmed penalty to the director to be held in escrow as provided in Subsection B of 19.8.31.3107 NMAC within 30 days from receipt of the proposed assessment or reassessment or 30 days from the date of service of the conference officer's action, whichever is later. The fact of the violation may not be contested, if it has been decided in a review proceeding commenced under 19.8.31.3108 NMAC.
B. All funds submitted under Subsection A of 19.8.31.3107 NMAC shall be held in escrow pending completion of the administrative and judicial review process, at which time the director shall disburse them as provided 19.8.31.3108 NMAC.
C. The request for hearing and any hearing procedure shall be governed by 19.8.12.1203 NMAC and any contest of a proposed penalty may, unless inconsistent with the timing of a hearing on a notice of violation or cessation order, be combined with any such proceeding under 19.8.12.1203 NMAC.
[11-29-97; 19.8.31.3107 NMAC - Rn, 19 NMAC 8.2.31.3107, 9-29-2000; A, 1-15-2002]