6.23.3.11

ENFORCEMENT OF REQUIREMENTS

1. A. The secretary shall give written notification to a cooperative and its member entities of any failure of the cooperative to meet applicable requirements in any of its programs or activities. The notice shall specify the deficiency. Within thirty days after receipt of the notice of failure to meet requirements, the council shall:

   (1) comply with the specific and attendant requirements; or

   (2) submit plans satisfactory to the secretary to meet such requirements.

2. B. The secretary shall suspend from authority and responsibility any council which has had notice of deficiency(ies) pursuant to Subsection A of 6.23.3.11 NMAC and fails to comply with procedures set forth in Subsection A, Paragraphs (1) and (2) of 6.23.3.11 NMAC. The secretary or the secretary’s designee shall act in lieu of the suspended council until the suspension is removed.
3. C. To suspend a council, the secretary shall deliver to the council an alternative order of suspension, stating the cause for the suspension and the effective date and time the suspension will begin. The alternative order shall also contain notice of a time, date, and place for a public hearing, prior to the beginning of suspension, to be held by the secretary or the secretary’s designee, at which the council may appear and show cause why it should not be suspended. Within five days after the hearing, the secretary shall continue, modify or withdraw the alternative order.

4. D. Within one-hundred eighty (180) days after the entry of the order of suspension, the secretary shall withdraw the order of suspension or continue the order of suspension for an additional period of up to one-hundred eighty (180) days.

   (1) Upon the secretary’s withdrawal of the order of suspension, the council shall be restored to its full authority and responsibility.

   (2) Upon the secretary’s determination that the order of suspension be continued for an additional period of up to one-hundred eighty (180) days, the secretary shall afford the council the opportunity for a hearing within a reasonable time. At this hearing, the council may appear and show cause why the order of suspension should not be continued. After the hearing, the secretary shall continue the order of suspension for a period not to exceed one-hundred eighty (180) days or withdraw the order of suspension.

5. E. Within one-hundred eighty (180) days after the entry of an order of continued suspension pursuant to Subsection D, Paragraph (2) of 6.23.3.11 NMAC, the secretary shall determine that the order of suspension be withdrawn or that the council should appear and show cause why the order of suspension should not be made permanent. Upon the secretary’s determination that the order of suspension be withdrawn, the council shall be restored to its full authority and responsibility. Upon the secretary’s determination that the council should appear and show cause why the order of suspension should not be made permanent, the secretary shall afford the council the opportunity for a hearing within a reasonable time. At this hearing, the council may appear and show cause why the order of suspension should not be made permanent. After the hearing, the secretary shall withdraw the order of suspension or make the order of suspension permanent. A permanent order of suspension shall result in the dissolution of the cooperative.

   [12-31-98; 6.23.3.11 NMAC - Rn, 6 NMAC 11.3.2.11, 06-14-01; A, 11-13-09]