New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 101 - MOTOR VEHICLE INSPECTION - CENTRALIZED › Section 20.11.101.26 - DISCIPLINARY ACTION, DENIAL, SUSPENSION, OR REVOCATION OF CERTIFICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The Program
				Manager is authorized, after reasonable investigation and showing of a
				violation of any provisions of 20.11.101 NMAC, to take disciplinary actions
				including monetary penalties, and/or denial, suspension, or revocation of
				certification to operate under the Program as a certified fleet AIR CARE
				station, certified AIR CARE inspector or certified AIR CARE technician. In
				deciding on an appropriate action, the Program Manager may consider past
				violations on file against the charged party as well as previous actions, which
				have been taken by the Program against the charged party.
B. Notwithstanding the provisions of
				Subsection C of 20.11.101.26 NMAC, the Program Manager may immediately suspend
				the certification of a certified fleet AIR CARE station, certified AIR CARE
				inspector or certified AIR CARE technician if the Program Manager determines
				that continued operation as an fleet AIR CARE station, AIR CARE inspector or an
				AIR CARE technician would jeopardize the public health, safety and welfare;
				violate the VPMP Procedures Manual, or 20.11.101 NMAC; or compromise the
				Program. In the case of immediate suspension or revocation, a hearing shall be
				held within fourteen calendar days of receipt of a written request for a
				hearing by the station, inspector, or technician.
C. Prior to taking any action to suspend or
				revoke a certification, the Program Manager shall inform the inspector,
				technician, or fleet station manager of the charges. Any party so informed may
				request a hearing on the merits before the Program Manager. Such request must
				be made in writing to the Program Manager within fifteen (15) consecutive days
				of receipt of the notice of intent to suspend or revoke the
				certification.
D. Upon receipt of a
				written request for a hearing on the merits, the Program Manager shall set a
				date, time and place for the hearing no more than sixty days from the date of
				receipt of the request. No fewer than fifteen consecutive days before the
				hearing, the Program Manager shall inform the charged party of the date, time
				and place of the hearing. The Program Manager may appoint a hearing officer. At
				the hearing, the charged party may demonstrate why a monetary penalty should
				not be imposed and/or the certification should not be suspended or
				revoked.
E. At the hearing on the
				merits, the Program Manager may take appropriate action including monetary
				penalties and/or suspension or revocation of the certification or dismissal of
				the charges based on the findings of the initial investigation and the evidence
				presented at the hearing. The Program Manager may issue monetary penalties,
				which are authorized by the City of Albuquerque and Bernalillo County Joint Air
				Quality Control Board Ordinances; the City of Albuquerque and Bernalillo County
				Motor Vehicle Control Ordinances, or the Air Quality Control Act. The Program
				Manager may consider past violations on file against the charged party as well
				as previous actions, which may have been taken by the Program, or the judicial
				system against the charged party which are related to the requirements of
				20.11.101 NMAC, the Procedures Manual, or other Program guidelines and
				requirements.
F. Any party whose
				application for certification is denied, suspended, or revoked may appeal the
				decision of the Program Manager to the Board. To perfect the appeal to the
				Board, the appellant must deliver a written request to the Headquarters within
				fifteen consecutive days after receipt of the Program Manager's decision. The
				Board may make its determination based on the record or may require a hearing
				de novo. The Board may uphold, overturn or amend the Program Manager's
				decision. If the Board decides to conduct a hearing de novo, the Board may
				appoint a hearing officer, and the Board shall set a date, time and place for
				the hearing and shall hold the hearing within ninety (90) days of the Board's
				receipt of the written request. No fewer than fifteen consecutive days before
				the hearing, the Board shall inform the appellant of the date, time and place
				of the hearing. The decision of the Board shall be final.
G. Enforcement provisions regarding AIR CARE
				Inspection Facilities shall be incorporated and made part of the contract
				between the Program and Contractor. Penalties for violation of this Part may
				include monetary fines, suspensions or termination of the contract.