N.M. Admin. Code § 19.8.31.3100

Current through Register Vol. 36, No. 1, January 14, 2025

Section 19.8.31.3100 - CIVIL PENALTIES: ASSESSMENT

A. The director shall review each notice of violation and cessation order in accordance with the assessment procedures described in this part to determine whether a civil penalty will be assessed, the amount of the penalty and whether each day of a continuing violation will be deemed a separate violation for purposes of the total penalty assessed.

B. The director shall assess a penalty for each cessation order.

C. The director may assess a penalty for each violation. In determining whether to assess a penalty, the director shall consider the factors listed in 19.8.31.3101 NMAC. Normally, a penalty will be assessed when a violation is assigned 31 points or more.

N.M. Admin. Code § 19.8.31.3100

11-29-97; 19.8.31.3100 NMAC - Rn, 19 NMAC 8.2.31.3100, 9-29-2000