20.4.2.302

Appeal of Fee Assessment:

1. A. Mandatory Settlement Conference:

   Any owner or operator seeking to appeal an invoice for fees under this part must first notify the NMED in writing of the intent to appeal the invoice within 30 calendar days of receipt of the invoice. The notice shall set forth the specific matters in dispute, the basis for the dispute, and any matters considered necessary for NMED’s consideration. The parties shall have 30 calendar days from NMED’s receipt of notification to meet or confer with NMED to attempt to resolve the matters in the dispute. The secretary may extend deadlines under this section upon a determination that good cause exists. If an agreement is reached resolving the dispute, NMED may issue a revised invoice and the owner and operator shall comply with the terms of such agreement and revised invoice. If an agreement is not reached, NMED shall issue a notification to all parties that an agreement has not been reached. Failure to notify NMED of an appeal in the required timeframe shall prohibit the owner and operator from appeal of the invoice.

2. B. Administrative appeal:

   1. (1) An invoice for fees may be appealed by filing a written request for hearing with the hearing clerk designated by the secretary of environment within 30 days of the date of the notification that an agreement has not been reached. The written request shall be accompanied by a copy of the invoice being contested and shall set forth the grounds upon which the appellant disagrees with the assessment.
   2. (2) Except as otherwise provided, the appeal shall be governed by 20.1.5 NMAC, Adjudicatory Procedures - Environment Department. The hearing officer shall schedule the hearing for no later than 90 days after service of the notice of docketing.
   3. (3) NMED shall not seek collection of an appealed fee or take enforcement action on an appeal of the fee assessment until the secretary has issued a decision on the appeal. Late charges on the amount assessed shall continue to accrue and shall be payable if the assessment is upheld or upheld with modification. If the assessment is modified on appeal, late charges shall be calculated based on the assessment as modified.

   4. (4) If an appeal is not timely filed pursuant to this subsection, the invoice shall constitute a final action of the secretary of environment.

      [12/31/1998; 20.4.2.302 NMAC - Rn, 20 NMAC 4.2.III.302 & A, 8/18/2006; A, 3/5/2020]