N.M. Admin. Code § 11.5.5.307

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

Section 11.5.5.307 - UNILATERAL VACATION OF CITATION; WITHDRAWAL OF CONTEST OR PETITION

A. General: At any time prior to conclusion of the informal administrative review, provided there are no intervenors:

(1) in a case initiated by a notice of contest:

(a) the department may unilaterally and unconditionally vacate all contested items of a citation by filing a notice of vacation in the format illustrated in Section 1013 [now 11.5.5.1013 NMAC]; or

(b) the respondent may unilaterally and unconditionally withdraw the notice of contest, by filing a notice of withdrawal in the format illustrated in Section 1014 [now 11.5.5.1014 NMAC]; and

(2) in a case initiated by a petition for modification of abatement period, the petitioner may unilaterally and unconditionally withdraw the petition, by filing a notice of withdrawal in the format illustrated in Section 1014 [now 11.5.5.1014 NMAC].

B. Commission approval unnecessary: Commission approval for vacation of a citation or withdrawal of a notice of contest or petition for modification of abatement period, under the conditions specified in Subsection A of this Section, is not necessary.

C. Effect:

(1) The effect of the department's vacation of a citation, as provided in Subsection A.1.a [now Subparagraph (a) of Paragraph (1) of Subsection A of 11.5.5.307 NMAC] of this Section, shall be the same as if the citation had never been issued.

(2) The effect of the respondent's withdrawal of a notice of contest, as provided in Subsection A.1.b [now Subparagraph (b) of Paragraph (1) of Subsection A of 11.5.5.307 NMAC] of this Section, shall be the same as if the notice of contest had never been filed.

(3) The effect of the petitioner's withdrawal of a petition for modification of abatement period, as provided in Subsection A.2 [now Paragraph (2) of Subsection A of 11.5.5.307 NMAC] of this Section, shall be the same as if the Petition had never been filed.

D. When settlement agreement required: If there is an intervenor in the case, or at any time following conclusion of the informal administrative review, unilateral vacation of a citation or withdrawal of a notice of contest or a petition for modification of abatement period shall not be allowed; but such vacation or withdrawal may be accomplished by settlement agreement in accordance with Section 503 [now 11.5.5.503 NMAC].

N.M. Admin. Code § 11.5.5.307

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