N.M. Admin. Code § 19.8.30.3003

Current through Register Vol. 35, No. 23, December 10, 2024

Section 19.8.30.3003 - SERVICE OF NOTICES OF VIOLATION AND CESSATION ORDERS

A. A notice of violation or cessation order shall be served on the person to whom it is directed or his designated agent promptly after issuance as follows.

(1) By tendering a copy at the coal exploration or surface coal mining and reclamation operation to the designated agent or to the individual who, based upon reasonable inquiry by the director's duly authorized representative, appears to be in charge of the coal exploration or surface coal mining and reclamation operation referred to in the notice or order. If no such individual can be located at the site, a copy may be tendered to any individual at the site who appears to be a supervisory employee or agent of the person to whom the notice or order is issued. Service shall be complete upon tender of the notice or order and shall not be deemed incomplete because of refusal to accept.

(2) As an alternative, service may be made by sending a copy of the notice or order by certified mail or by hand to the person to whom it is issued or his designated agent. Service shall be complete upon tender of the notice or order or of the mail and shall not be deemed incomplete because of refusal to accept.

B. A show cause order may be served on the person to whom it is issued in either manner provided in Subsection A of 19.8.30.3003 NMAC.

C. Designation by any person of an agent for service of notices and orders shall be made in writing to the director.

D. The director shall cause copies of notices and order to be furnished to any person having an interest in the coal exploration, surface coal mining and reclamation operation or the permit area, such as the owner of the fee, a corporate officer of the permittee or entity conducting coal exploration, or the bonding company when so requested in writing.

E. Upon request, the director shall furnish copies of notices and orders and all documents relating to inspection and enforcement actions to the director of the office of surface mining reclamation and enforcement, pertaining to coal exploration operations and surface coal mining and reclamation operations which are subject to the provisions of a state-federal cooperative agreement.

N.M. Admin. Code § 19.8.30.3003

11-29-27; 19.8.30.3003 NMAC - Rn, 19 NMAC 8.2.30.3003, 9-29-2000; A, 08-31-2010