N.M. Admin. Code § 19.20.4.12

Current through Register Vol. 35, No. 20, October 22, 2024

Section 19.20.4.12 - VIOLATIONS

A. NOTICE OF DEFICIENT CONDITION: The division may issue a notice of deficient condition for violation of the act, 19.20.4 NMAC or a harvest permit. The division may issue a notice of deficient condition for violations that harm the forest or forest resources and will require the permittee or responsible person or entity to cease the violation and take corrective action to repair the deficient condition.

(1) The division may serve upon the permittee or responsible person or entity a notice of deficient condition if:

(a) there is a violation of the act, 19.20.4 NMAC or a harvest permit; or

(b) the violation or activity creates harm or the potential for harm to the forest or forest resource.

(2) The notice of deficient condition shall set forth:

(a) the specific nature of the violation charged or harm to the forest or forest resources;

(b) the specific course of action needed to correct such violation;

(c) the date such correction shall be completed; and

(d) the recipient's right to a hearing to review the notice of deficient condition.

(3) The division shall serve the notice of deficient condition upon the permittee or responsible person or entity by personal delivery or certified mail return receipt requested. If the notice is not served upon the permittee the division shall provide a copy to the permittee by first class mail or personal service.

B. REVOCATION OF A HARVEST PERMIT:

(1) The state forester may revoke a harvest permit for the following:

(a) refusal to allow the division to enter and inspect a permitted area;

(b) failure to timely complete corrective action after receiving a notice of deficient condition;

(c) discovery that any of the reasons for harvest permit application denial exists; or

(d) failure to keep statements of understanding current.

(2) To proceed with revocation of a harvest permit the division shall schedule a revocation hearing and provide written notice of intent to revoke to the permittee by personal delivery or certified mail return receipt requested at least 10 working days before the date set for the hearing. The written notice of the intent to revoke shall include the hearing's date, time and location.

(a) The hearing shall be held before the state forester.

(b) The division shall provide evidence as to the reasons to revoke the harvest permit and the permittee may provide evidence as to the reasons not to revoke the harvest permit.

(c) Oral testimony at the hearing shall be made under oath. The division shall make a tape or stenographic record of the hearing.

(d) If the state forester finds that a preponderance of the evidence supports revocation, the state forester shall revoke the harvest permit.

(e) The state forester shall issue a written final decision within 10 working days after the close of the hearing or deadline for the submission of additional materials following the hearing.

N.M. Admin. Code § 19.20.4.12

19.20.4.12 NMAC - N, 1/1/2002; A, 6/29/2007