N.M. Code R. § 19.8.31.3112 – Payment of Penalty

A. If a notice of proposed individual civil penalty assessment becomes a final order in the absence of a petition for review or abatement agreement, the penalty shall be due upon issuance of the final order.
B. If an individual named in a notice of proposed individual civil penalty assessment files for review in accordance with 19.8.12.1203 NMAC, the penalty shall be due upon issuance of a final administrative order affirming, increasing or decreasing the proposed penalty.
C. Where the director and the corporate permittee or individual have agreed in writing on a plan for the abatement of or compliance with the unabated order, an individual named in a notice of proposed individual civil penalty assessment may postpone payment until receiving either a final order from the director stating that the penalty is due on the date of such final order, or written notice that abatement or compliance is satisfactory and the penalty has been withdrawn.
[11-29-97; 19.8.31.3112 NMAC - Rn, 19 NMAC 8.2.31.3112, 9-29-2000]