N.M. Admin. Code § 11.5.5.706

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

Section 11.5.5.706 - BURDEN OF PROOF

A. Case initiated by notice of contest: In proceedings commenced by the filing of a notice of contest, the department shall have the burden of establishing a prima facie case as to:

(1) the existence and classification of each alleged violation;

(2) the propriety of the proposed penalty, if any, for each alleged violation; and

(3) the reasonableness of the abatement period for each alleged violation.

B. Case initiated by petition for modification of abatement period: In proceedings commenced by a petition for modification of abatement period, the burden of establishing a prima facie case shall rest with the petitioner.

C. Affirmative defenses: In all cases, the respondent shall have the burden of establishing a prima facie case as to any affirmative defenses asserted.

D. Rebuttal: In any case, once a prima facie case has been established by the party with the burden of doing so, the burden then shifts to any opposing party to introduce sufficient evidence to rebut such prima facie case.

N.M. Admin. Code § 11.5.5.706

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