N.M. Admin. Code § 11.5.5.1011

Current through Register Vol. 36, No. 1, January 14, 2025

Section 11.5.5.1011 - SAMPLE NOTICE OF CONTEST

A. Format:

STATE OF NEW MEXICO

BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION

NEW MEXICO ENVIRONMENT DEPARTMENT,

complainant,

v. [Case no. omitted]

[NAME OF RESPONDENT],

respondent.

NOTICE OF CONTEST

TO: [Name and address of person who signed citation for department]

[Name of respondent] contests the following portions of the citations issued by the New Mexico environment department on [date]:

[List, by citation and item number, each item being contested, and state what specific aspect (existence of cited condition, that cited condition constitutes a violation, classification, penalty, or abatement date) is being contested.]

[A copy/copies] of the relevant [citation(s)/item(s)] [is/are] attached hereto as Exhibit[s] A [through (last exhibit letter)].

Dated: [insert filing date] [Signature] ________________________________

TYPED OR PRINTED NAME]

[Address of signer (use as many lines as necessary)]

[Signer's telephone number]

B. Usage note: Attached exhibits must be labelled ("EXHIBIT A", etc.) in the center of the bottom margin. Each citation should be a separate exhibit, but items within a single citation should not be separate exhibits unless on non-consecutive pages. A certificate of service is not required, but an affidavit of posting (form 10) or affidavit of explanation for non-posting (Section 1010) [now 11.5.5.1010 NMAC] must be filed.

N.M. Admin. Code § 11.5.5.1011

1//194, 10/1/94, 1/1/96; Recompiled 11/30/01