N.M. Admin. Code § 11.5.5.1012

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

Section 11.5.5.1012 - SAMPLE PETITION FOR MODIFICATION OF ABATEMENT PERIOD

A. Format:

STATE OF NEW MEXICO

BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION

[NAME OF PETITIONER],

Petitioner,

v. [case no. omitted]

NEW MEXICO ENVIRONMENT DEPARTMENT

[and] [NAME OF RESPONSIBLE EMPLOYER],

respondent[s].

PETITION FOR MODIFICATION OF ABATEMENT PERIOD

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

[Name of petitioner] petitions for amendment of the abatement dates for the following-listed items of the citation issued to [name of responsible employer] on [date]:

[List each item for which abatement date modification is requested, state what longer or shorter period is requested, and state reasons for request.]

[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 be separate exhibits only if on non-consecutive pages. A certificate of service (Section 1001) [now 11.5.5.1001 NMAC], showing service on the responsible employer is required if the petition is filed by an affected employee or a representative of affected employees. 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 § 11.5.5.1012

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