N.M. Admin. Code § 19.8.11.1117
Current through Register Vol. 36, No. 1, January 14, 2025
Section 19.8.11.1117 - PROCEDURES FOR CHALLENGING OWNERSHIP OR CONTROL LINKS SHOWN IN AVSA. Challenging AVS linkage and violation status.(1) Any applicant or other person shown in AVS in an ownership or control link to any person may challenge such link in accordance with the provisions of Subsection B through Subsection D of 19.8.11.1117 NMAC and 19.8.11.1118 NMAC, unless such applicant or other person is bound by a prior administrative or judicial determination concerning the link.(2) Any applicant or other person shown in AVS in an ownership or control link to any person cited in a federal violation notice may challenge the status of the violation such notice covers in accordance with the provisions of Subsection B through Subsection D of 19.8.11.1117 NMAC and 19.8.11.1118 NMAC, unless such applicant or other person is bound by a prior administrative or judicial determination concerning the violation's status.(3) Any applicant or other person shown in AVS in an ownership or control link to any person cited in a state violation notice may challenge the status of the violation covered by such notice in accordance with the state program equivalents to Subsection B through Subsection D of 19.8.11.1117 NMAC and 19.8.11.1118 NMAC for the state that issued the violation notice, unless such applicant or other person is bound by a prior administrative or judicial determination concerning the violation's status.B. Any applicant or other person who wishes to challenge an ownership or control link shown in AVS or a federal violation's status, and who is eligible to do so under the provisions of Paragraphs (1) or (2) of Subsection A of 19.8.11.1117 NMAC, shall submit a written explanation of the challenge's basis, along with any relevant evidentiary materials and supporting documents, to the director.C. The director shall review any information the applicant or other person submitted under Subsection B of 19.8.11.1117 NMAC and shall make a written decision whether or not the applicant or other person has shown the ownership or control link is erroneous or rebutted or whether the violation the notice covers remains outstanding, has been corrected, is in the process of being corrected or is the subject of a good faith appeal within the meaning of Paragraph (1) of Subsection C of 19.8.11.1105 NMAC.D. Notification of decision. (1) If, as a result of the decision the director reached under Subsection C of 19.8.11.1117 NMAC, the director determines that the applicant or other person has shown the ownership or control link is erroneous or rebutted or that the violation the notice covers has been corrected, is in the process of being corrected or is the subject of a good faith appeal, the director shall so notify the applicant or other person and OSM, and shall correct the information in AVS.(2) If, as a result of the decision the director reached under Subsection C of 19.8.11.1117 NMAC, the director determines that the applicant or other person has not shown the ownership or control link is erroneous or rebutted and that the violation the notice covers remains outstanding, the director shall so notify the applicant or other person and OSM, and update the information in AVS, if necessary. (a) The director shall serve a copy of the decision on the applicant or other person by certified mail. Service shall be complete upon the notice or mail's tender and shall not be deemed incomplete because of a refusal to accept.(b) The applicant or other person may appeal the director's decision in accordance with 19.8.12 NMAC. The director's decision shall remain in effect during the appeal's pendency, unless the district court grants temporary relief.N.M. Admin. Code § 19.8.11.1117
11-29-97; 19.8.11.1117 NMAC - Rn, 19 NMAC 8.2.11.1117, 9-29-2000; A, 4-28-2006