N.M. Admin. Code § 7.18.1.17

Current through Register Vol. 36, No. 1, January 14, 2025

Section 7.18.1.17 - TEMPORARY SUSPENSION OF PERMITS

A. The department may suspend a permit at any time when it determines that there is a violation that may affect public health or safety.

B. Whenever a permit holder or operator has failed to comply with any of the requirements of this rule, the permit holder or operator shall be notified in writing.

C. The notice shall:

(1) identify and reference the conditions that violate the aquatic venue rules;

(2) specify the time period within which such condition shall be brought into compliance, if any;

(3) state that failure to comply with any notice issued pursuant to the aquatic venue rules may result in immediate permit suspension; and

(4) advise that the permit shall be suspended if the permit holder or operator is still out of compliance at the end of five working days following the deadline for compliance, unless a request for a hearing is delivered to the department by the permit holder within the five-day period.

D. Immediate suspension: notwithstanding other provisions of this regulation, whenever a department representative finds a condition in a public aquatic venue's operation that constitutes an immediate hazard to public health, welfare, or safety, the department representative may, without prior warning, notice, or hearing, issue a written notice to the permit holder or operator citing such condition. The department's notice shall state that the permit is immediately suspended and all swimming or bathing of any kind is to be immediately discontinued.

E. All persons receiving a permit suspension notice shall immediately comply with the notice's terms.

F. For immediate suspensions, suspensions upheld after a hearing, and where no request for a hearing has been received, the department shall post a sign stating that the aquatic venue is closed.

G. The department may also require a written compliance plan.

N.M. Admin. Code § 7.18.1.17

Adopted by New Mexico Register, Volume XXVII, Issue 13, July 15, 2016, eff. 8/1/2016