N.M. Code R. § 20.11.100.35
Current through Register Vol. 35, No. 12, June 25, 2024
Section 20.11.100.35 - ENFORCEMENT ACTION, DENIAL, SUSPENSION OR REVOCATION OF CERTIFICATIONSA. The program manager is authorized, after reasonable investigation and showing of a violation of any provision of 20.11.100 NMAC, to take enforcement actions including monetary penalties and denial, suspension or revocation of certification to operate under the program as a certified air care station or certified air care inspector. In deciding on an appropriate action, the program manager may consider: past violations on file against the charged party, previous actions that may have been taken by the program against the charged party, settlement or consent agreements that document past violations, and judicial decisions if related to the requirements of 20.11.100 NMAC.B. Notwithstanding the provisions of Subsection C of 20.11.100.35 NMAC, the program manager may immediately suspend or revoke the certification of a certified air care station or certified air care inspector if the program manager determines that continued operation as an air care station or air care inspector would jeopardize the public health, safety and welfare; violate 20.11.100 NMAC or compromise the program.C. Before taking any action to suspend or revoke a certification, the program manager shall inform the inspector or station owner of the charges. Any party so informed may request a hearing on the merits before the program manager. The request shall be made in writing to the program manager within 15 consecutive days after receiving the notice of intent to suspend or revoke the certification.D. Upon receipt of a written request for a hearing on the merits, the program manager shall set a date, time and place for the hearing no more than 60 consecutive days from the date of receipt of the request. No fewer than 15 consecutive days before the hearing, the program manager shall inform the charged party of the date, time and place of the hearing. The program manager may appoint a hearing officer. At the hearing, the charged party may demonstrate why a monetary penalty should not be imposed and the certification should not be suspended or revoked. The hearing officer shall provide findings of fact, conclusions of law and a written recommendation to the program manager based on the evidence presented at the hearing.E. After the hearing on the merits, based on the findings of the initial investigation and the recommendation of the hearing officer, the program manager shall take appropriate action including but not limited to any one or a combination of the following: monetary penalty, suspension or revocation of the certification or dismissal of the charges. The program manager may impose monetary penalties as authorized by the City of Albuquerque and Bernalillo County Joint Air Quality Control Board Ordinances, the City of Albuquerque and Bernalillo County Motor Vehicle Emissions Control Ordinances and the New Mexico Air Quality Control Act. The program manager may consider past violations on file against the charged party, previous actions that may have been taken by the program against the charged party, settlement or consent agreements that document past violations and judicial decisions if related to the requirements of 20.11.100 NMAC.F. After a hearing specified by 20.11.100.35 NMAC, any party whose application for certification is denied or certificate is suspended or revoked may appeal the decision of the program manager to the board. To perfect the appeal to the board, the appellant shall deliver a written request to the headquarters within 15 consecutive days after receipt of the program manager's decision. At the next regular meeting of the board, the program manager shall inform the board that an appeal has been filed. The board may make its determination based on the record or may require a hearing de novo. If the board decides on a hearing de novo, the petitioner shall pay a fee of $125.00 pursuant to Subsection C of 20.11.2.22 NMAC by the deadline established by the board. A hearing de novo shall be held in accordance with 20.11.81 NMAC. The board may uphold, overturn or amend the program manager's decision. If the board decides to conduct a hearing de novo, the board may appoint a hearing officer, and the board shall set a date, time and place for the hearing and shall hold the hearing within 90 consecutive days of the headquarters' receipt of the written request. No fewer than 15 consecutive days before the hearing, the board shall inform the appellant of the date, time and place of the hearing. The decision of the board shall be final.N.M. Code R. § 20.11.100.35
20.11.100.35 NMAC - Rn & A, 20.11.100.26 NMAC, 1/1/12