N.M. Code R. § 20.11.100.33

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

Section 20.11.100.33 - PENALTY ASSESSMENT

A. Penalty points may be assessed against the air care inspector, air care station or both. Penalty points are tracked for each air care station and each air care inspector throughout a rolling 12 month period.

B. Violations committed during an inspection shall be assessed against the air care inspector.

C. Program violations, such as allowing or requiring an inspector to perform an improper test or allowing a non-certified individual to perform part or all of a test; improper filing and storage of program documents, or improperly posted signs, shall be assessed against the station.

D. Air care stations may be held responsible for their inspectors' actions if evidence establishes that the inspector violations occurred due to lack of diligence or supervision by the air care station owner or operator.

E. Intentional violations.

(1) Each intentional violation may result in the issuance of up to 16 points for each occurrence.

(2) 16 points shall result in a suspension or revocation of certification, as appropriate, for the air care inspector and the air care station at which the violations occurred.

(3) When an intentional violation results in a false pass, the air care station or inspector may be assessed a monetary penalty equal to 2.5 times the estimated cost of repair of the vehicle, according to the industry flat rate book.

(4) When the intentional violation results in a false fail, the air care station or inspector may be assessed a monetary penalty of up to $1,000.

F. Serious violations.

(1) Each serious violation shall be assessed four points for each occurrence.

(2) A serious violation shall require the station to refund the test fee and provide a free retest to the vehicle owner or designee.

(3) A serious violation may also result in a mandatory conference at the VPMD headquarters to discuss the violation and how to assure that there will be no future repetition of the problem. The results of the conference shall be documented and may include a commitment by the station or inspector or both to complete additional training. The program manager or designee may agree to vacate points if commitments are completed successfully and in a timely manner. Mandatory conferences shall be scheduled and held at the VPMD headquarters.

G. Minor violations: Each minor violation shall be assessed two points. Minor violations shall result in formal written notices of violation.

N.M. Code R. § 20.11.100.33

20.11.100.33 NMAC - N, 1/1/12