N.M. Code R. § 20.11.41.20

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

Section 20.11.41.20 - PERMIT CANCELLATION, SUSPENSION OR REVOCATION

A. The department shall cancel any permit for any source that ceases operation for five years or more, or permanently. Reactivation of any source after the five year period shall require a new permit.

B. The department may cancel a permit if the construction or modification is not commenced within two years from the date of issuance or, if during the construction or modification, work is suspended for a total of one year, such cancellation shall be subject to the following procedures:

(1) at least 30 days before canceling a permit, the department shall notify the permittee by certified mail of the impending cancellation; upon cancellation, the department shall notify the permittee by certified mail of the cancellation of the permit and the reasons therefor; construction, modification and, if required, interim operation shall cease upon the effective date of cancellation contained in the notice of cancellation; a permittee who has received notice that a permit is or will be cancelled may request a hearing before the board; the request must be made in writing to the board within 30 days after the notice of the department's action has been received by the permittee; unless a timely request for hearing is made, the decision of the department shall be final; and

(2) if a timely request for hearing is made, the board shall hold a hearing within 60 days after receipt of the request; the department shall notify the requestor by certified mail of the date, time and place of the hearing; in the hearing, the burden of proof shall be upon the requestor; the board may designate a hearing officer to take evidence in the hearing; based upon the evidence presented at the hearing, the board shall sustain, modify or reverse the action of the department; the hearing shall be conducted pursuant to 20.11.81 NMAC.

C. As authorized by the state act at NMSA 1978, Section 74-2-12, a violation of a requirement of the state act, a board regulation or a condition of a permit that has been issued pursuant to 20.11.41 NMAC may result in suspension or revocation of the permit. If the department initiates an enforcement action to suspend or revoke a permit, the department and the permittee shall comply with the procedures required by 20.11.80 NMAC, Adjudicatory Procedures - Administrative Enforcement Hearings by Director.

N.M. Code R. § 20.11.41.20

20.11.41.20 NMAC - N, 1/1/14