N.M. Admin. Code § 11.5.5.402

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

Section 11.5.5.402 - ADMINISTRATIVE COMPLAINT

A. Content: The administrative complaint, in a case initiated by notice of contest, shall set forth, either directly or through incorporation by reference to the citation, all facts necessary to establish:

(1) the commission's jurisdiction over the parties and the subject matter;

(2) the date, location, and circumstances of each alleged violation that has been contested;

(3) any such alleged violations that have been settled and are no longer at issue, and all such alleged violations that are still at issue; and

(4) the considerations upon which each contested classification of violation, abatement period, or proposed penalty is based.

B. Service: The administrative complaint shall be served upon the respondent:

(1) by certified mail, return receipt requested; or

(2) if the administrative complaint is returned by the United States postal service after attempted service by mail, by hand-delivery.

N.M. Admin. Code § 11.5.5.402

4/25/78, 1/1/94; Recompiled 11/30/01