N.M. Code R. § 20.11.2.16

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

Section 20.11.2.16 - FEE ERRORS, CORRECTIONS AND REFUNDS

A. Pursuant to 20.11.20.17 NMAC, Filing Review and Inspection Fees, the filing and review fees portion of the total permit application fee due at time of submittal for a fugitive dust control construction permit application are non-refundable.

B. For all review fees that are due at the time of submittal, the person submitting the document (payor) shall pay the required review fee in full. If the payor wishes to request correction of an alleged error or to challenge the basis of a fee calculation, then, within 30 days after the payor delivers the submittal and the fee, the payor shall deliver a written request for review by a manager of the division ("manager"). The written request shall be addressed as required by Subsection D of 20.11.2.16 NMAC. If the manager has not received a written request for review within 30 days of submittal, the fee shall be deemed final.

C. An owner or operator (payor) who does not agree with the annual fee amount due may deliver a written request to the manager asking for a correction of an alleged error or challenging the basis upon which the fee was computed. Requests must be delivered to the manager within 30 days of payor's receipt of an invoice from the city requiring payment of an annual fee. If the manager has not received a written request for correction of an alleged error or a challenge to the basis of the fee calculation within 30 days after the payor receives the invoice, the invoice shall be deemed final, and immediately paid by the payor.

D. All written requests for review of a submittal or an annual fee shall be sent to: Manager, Air Quality Division, Albuquerque Environmental Health Department, Air Quality Division, P.O. Box 1293, Albuquerque, NM 87103, or hand-delivered to: Manager, Air Quality Division, Albuquerque Environmental Health Department, 3rd floor, Suite 3023 or 3047, Albuquerque - Bernalillo County Government Center, south building, One Civic Plaza NW, Albuquerque, NM.

E. The request for review of a submittal or annual fee shall include:

(1) the name, address and telephone number of the payor;

(2) the dollar amount of the alleged error or challenged calculation; and

(3) a description of the alleged error or basis of the challenge and any other information the payor believes may support the claim.

F. Within 45 days of receiving the request for review of the submittal or annual fee, the manager shall review the account and either:

(1) amend the invoice and refund any money due the payor;

(2) state that the invoice is correct; or

(3) require additional fee payment if the manager determines that the payor delivered an insufficient fee to the department.

G. The manager may confer with the payor to obtain additional information during the review period.

H. Within 10 business days after the manager completes the manager's review, the manager's decision shall be sent by certified mail to the address provided by the payor

I. If the manager determines a refund is owed to the payor, the department shall refund all money due consistent with the policies and procedures of the city of Albuquerque. If a refund is owed, the manager may deduct a reasonable professional service fee to cover the costs of staff time involved in processing the review. However, if the manager determines the department or the city made the error, no deduction shall be made from the amount refunded.

J. As authorized by NMSA Section 74-2-9, the manager's decision may be appealed to the board using the procedures described in 20.11.81 NMAC, Adjudicatory Procedures - Air Quality Control Board.

N.M. Code R. § 20.11.2.16

20.11.2.16 NMAC - N, 7/1/2001; A, 3/1/04; A, 1/10/11