N.M. Admin. Code § 19.7.2.11
If upon inspection or the investigation of a complaint by any affected party the director determines that there is a violation of statutes, rules and regulations applicable to safeguarding mine surface openings and a party responsible for such safeguarding can be identified, the director shall issue a written notice of non-compliance by certified mail to the responsible party. The responsible party shall submit a written response to the director within ten days of certified mail receipt of the notice of non-compliance. Failure to respond in writing to the director within the ten day limit shall be deemed a failure to properly safeguard and may result in referral by the director to the appropriate district attorney for prosecution. Each individual failure to comply with a statute, rule or regulation, or failure to respond to a written notice will constitute a separate and unlawful act that may be prosecuted. Each unlawful act is subject to a fine of not more than two hundred dollars ($200) or by imprisonment for three months in the county jail or by such fine and imprisonment. Additionally, the director may bring a direct action in district court seeking to compel compliance with the statute requiring safeguarding of mine surface openings.
N.M. Admin. Code § 19.7.2.11