N.M. Code R. § 20.11.100.31

Current through Register Vol. 35, No. 12, June 25, 2024

Section 20.11.100.31 - ENFORCEMENT AGAINST AIR CARE STATIONS AND INSPECTORS

A. If a VPMD program manager or a compliance auditor finds a condition or practice that violates any requirement of 20.11.100 NMAC, VPMD may take any enforcement action or combination of actions it finds necessary, including, but not limited to: a written warning, a notice of violation, a letter denying recertification, a notice of intent to suspend or revoke an active certification, or immediate lockout of the gas analyzer.

B. Violations for which the program manager or VPMD personnel may take action under 20.11.100.31 NMAC include:

(1) any act or omission by an air care station or an air care inspector that causes the station or inspector to be in violation of any applicable requirement of 20.11.100 NMAC;

(2) an air care station or inspector taking or performing any action prohibited under 20.11.100.16 NMAC as determined by any type of investigation by VPMD, such as an overt or covert audit, or VID analysis; and

(3) any other act or omission by a station or inspector that results in a situation that does not comply with 20.11.100 NMAC.

C. An enforcement action may be issued to an air care station or air care inspector by first class mail, hand delivery by VPMD personnel or electronically through the EIS.

D. The program manager may issue a notice of violation to the air care station for acts or omissions by an air care inspector at the air care station regardless of whether VPMD has issued a notice of violation to the air care inspector who committed the violation.

E. A notice of violation or warning issued pursuant to 20.11.100 NMAC, shall be in writing on an approved VPMD form and shall specify whether the notice of violation is issued to the inspector or the station. The notice shall include notification of the penalty points assessed for the violation and the total penalty points the air care station or inspector has accumulated during the preceding 12-month period.

N.M. Code R. § 20.11.100.31

20.11.100.31 NMAC - N, 1/1/12