Any amendment to 20.11.7 NMAC that is filed with the state records center shall not affect actions pending for violation of the Air Quality Control Act, a city of Albuquerque or county of Bernalillo ordinance, a regulation of the board or any permit condition imposed by the department. Prosecution for a violation under prior regulation wording shall be governed and prosecuted under the statute, ordinance, regulation or permit condition in effect at the time the violation was committed.
N.M. Admin. Code § 20.11.7.9