N.M. Admin. Code § 19.25.2.23

Current through Register Vol. 35, No. 21, November 5, 2024

Section 19.25.2.23 - COMPLIANCE ORDERS AND ENFORCEMENT HEARINGS

A. Compliance order. A compliance order shall consist of a written statement that identifies the subject water right or docket number and describes the following with specificity:

(1) acts or omissions with which the respondent is charged;

(2) citation of the statute, rule, order, or other authority that the respondent is alleged to have violated, or any other grounds for the compliance order;

(3) directive as to whether the alleged violation must cease immediately, or a specific time period in which a respondent must come into compliance.

B. Service. The WRD shall cause the compliance order to be served upon the respondent by certified mail, return receipt requested.

C. Evidence of compliance. The respondent shall have 10 days to contact the water master by telephone, email, or in writing to demonstrate that the alleged violation has ceased or that the respondent has come into compliance. Upon confirmation of compliance from the water master, WRD shall request dismissal of the docket.

D. Request for hearing. If the respondent desires a hearing or otherwise contests a compliance order, the respondent shall submit a written request for hearing to the state engineer within 30 days of receipt of a compliance order.

E. Failure to request hearing. If a written request for hearing is not submitted by the respondent within 30 days after receipt of a compliance order, the order shall be final, enforceable and non-appealable.

F. Procedures for compliance hearings. The hearings unit shall establish regular hearing dates in Santa Fe for compliance orders. Requested hearings shall be held no less than 15 and no more than 60 days from the date the request is filed. The conduct of hearings on compliance orders shall be established in accordance with the general procedures and requirements set forth in this rule. The hearing examiner shall issue a written decision within five business days after the scheduled hearing date.

G. Waiver of appearance at hearing. The respondent may waive the right to appear at hearing and make oral arguments or present testimony, and instead may submit the matter to the hearing examiner for decision on written submissions and documentary evidence. All such waivers shall be made in writing and shall be final and binding upon the respondent. Upon receipt of a written waiver, the hearing examiner shall render a decision within five business days on the basis of the submissions.

H. Failure to appear or participate at hearing. Failure to appear or participate at hearing shall constitute a waiver of the respondent's right to a hearing and to contest the merits of the compliance order. The hearing examiner may dismiss the request for hearing. Upon dismissal for failure to appear or participate, the compliance order shall be final, enforceable and non-appealable. The respondent may appeal the order of dismissal pursuant to NMSA 1978, Section 72-7-1.

N.M. Admin. Code § 19.25.2.23

19.25.2.23 NMAC - N, 8-30-2013