New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 12 - ADMINISTRATIVE AND JUDICIAL REVIEW OF DECISION › Section 19.8.12.1203 - FORMAL REVIEW OF NOTICES OF VIOLATION, CESSATION ORDERS AND SHOW CAUSE ORDERS BY THE DIRECTOR

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon
				receipt of a notice of violation, civil penalty assessment or cessation order
				pursuant to 19.8.30.3000, 19.8.30.3001 or 19.8.31 NMAC, or any such notice or
				order's modification, vacation or termination, a permittee or any person having
				an interest that such order or notice does or may adversely affect may apply to
				the director for review of the notice or order within 30 days of the notice or
				order's receipt or within 30 days of its modification, vacation or
				termination.
B. The application for
				review shall be in writing, setting forth the applicant's name, address and
				telephone number; the applicant's interest and, if the applicant is not the
				operator, how the order or notice to be reviewed adversely affects it; and
				generally, the grounds alleged and the relief requested.
C. If the permittee or other interested party
				does not apply for review in writing, they waive the right to review.
D. The filing of an application for review
				shall not stay the order or notice, or any order or notice's modification,
				vacation or termination. Pending the review's completion, the applicant may
				file with the director a written request that the director grant temporary
				relief in accordance with Subsection D of Section
				69-25A-29
				NMSA 1978.
E. The review pursuant
				to Subsection A of 19.8.12.1203 NMAC shall include such investigation as the
				director deems appropriate and an opportunity for a hearing at the capitol (or
				such other place as the applicant may agree), at the applicant's request and
				within 30 days after receiving the request, to enable the applicant to present
				information relating to the order or notice's issuance, continuance,
				modification, vacation or termination.
F. The director or his authorized
				representative shall hold a hearing at the capitol (or such other place as the
				permittee may agree) within 30 days after actual notice to the permittee of an
				order to show cause's issuance pursuant to 19.8.30.3002 NMAC.
G. The director or his authorized
				representative shall give the operator, permittee or other interested persons
				written notice of the time, place and date of any hearing this rule requires at
				least five days prior to the hearing, except that the director or his
				authorized representative shall give at least 15 days notice for hearings that
				Subsection F of 19.8.12.1203 NMAC requires. Any times for holding a hearing may
				be extended by the parties' agreement.
H. All hearings this section requires shall
				be of record, stenographically recorded, adjudicatory in nature and conducted
				in accordance with 19.8.12.1200 NMAC. The inspector issuing or causing to be
				issued the cessation order, notice of violation or order to show cause shall
				not participate, directly or indirectly, in the decision making process. A
				party may not introduce as evidence or use to impeach a witness statements
				another party makes or evidence another party produces at an informal hearing
				or conference held pursuant to 19.8.30.3004 NMAC, or at an assessment
				conference held pursuant to 19.8.31.3106 NMAC.
I. The director, or his authorized
				representative serving as hearing officer, may hold pre-hearing conferences to
				facilitate stipulation of facts, delineation of the issues, order of
				presentation or other appropriate procedural rules and settlement.
J. The director shall issue, and serve upon
				the parties, a written decision and order, including his reasons and findings
				of fact, as follows:
(1) within 30 days
				(unless the director has granted temporary relief pursuant to Subsection D of
				Section
				69-25A-29 )
				of a hearing, and after receiving the report of such investigation conducted
				pursuant to Subsection B of 19.8.12.1203 NMAC, vacating, affirming, modifying
				or terminating the issuance, continuance, modification, vacation or termination
				of the order or notice; and
(2)
				within 60 days of the hearing held pursuant to Subsection F of 19.8.12.1203
				NMAC, quashing, in whole or in relevant part, the order to show cause or
				suspending or revoking, in whole or relevant part, the permit.