N.M. Code R. § 20.2.72.211
Current through Register Vol. 35, No. 11, June 11, 2024
Section 20.2.72.211 - PERMIT CANCELLATIONSA. The Department shall automatically cancel any permit for any source which 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 thirty days prior to the cancellation of a permit, the Department shall notify the permittee by certified mail of the impending cancellation. The Department shall notify the permittee by certified mail of the cancellation of his 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 thirty days after 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 thirty days after receipt of the request. The Department shall notify the permittee by certified mail of the date, time and place of the hearing. In the hearing the burden of proof shall be upon the permittee. 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.N.M. Code R. § 20.2.72.211