New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 100 - MOTOR VEHICLE INSPECTION - DECENTRALIZED › Section 20.11.100.35 - ENFORCEMENT 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 provision of 20.11.100 NMAC, to take enforcement actions
				including monetary penalties and denial, suspension or revocation of
				certification to operate under the program as a certified
air
				care
station or certified
air care
inspector. In
				deciding on an appropriate action, the program manager may consider: past
				violations on file against the charged party, previous actions that may have
				been taken by the program against the charged party, settlement or consent
				agreements that document past violations, and judicial decisions if related to
				the requirements of 20.11.100 NMAC.
B. Notwithstanding the provisions of
				Subsection C of 20.11.100.35 NMAC, the program manager may immediately suspend
				or revoke the certification of a certified
air care
station or
				certified
air care
inspector if the program manager determines
				that continued operation as an
air care
station or
air
				care
inspector would jeopardize the public health, safety and welfare;
				violate 20.11.100 NMAC or compromise the program.
C. Before taking any action to suspend or
				revoke a certification, the program manager shall inform the inspector or
				station owner of the charges. Any party so informed may request a hearing on
				the merits before the program manager. The request shall be made in writing to
				the program manager within 15 consecutive days after receiving 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 60 consecutive days from the date of receipt of the
				request. No fewer than 15 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
				the certification should not be suspended or revoked. The hearing officer shall
				provide findings of fact, conclusions of law and a written recommendation to
				the program manager based on the evidence presented at the hearing.
E. After the hearing on the merits, based on
				the findings of the initial investigation and the recommendation of the hearing
				officer, the program manager shall take appropriate action including but not
				limited to any one or a combination of the following: monetary penalty,
				suspension or revocation of the certification or dismissal of the charges. The
				program manager may impose monetary penalties as authorized by the City of
				Albuquerque and Bernalillo County Joint Air Quality Control Board Ordinances,
				the City of Albuquerque and Bernalillo County Motor Vehicle Emissions Control
				Ordinances and the New Mexico Air Quality Control Act. The program manager may
				consider past violations on file against the charged party, previous actions
				that may have been taken by the program against the charged party, settlement
				or consent agreements that document past violations and judicial decisions if
				related to the requirements of 20.11.100 NMAC.
F. After a hearing specified by 20.11.100.35
				NMAC, any party whose application for certification is denied or certificate is
				suspended or revoked may appeal the decision of the program manager to the
				board. To perfect the appeal to the board, the appellant shall deliver a
				written request to the headquarters within 15 consecutive days after receipt of
				the program manager's decision. At the next regular meeting of the board, the
				program manager shall inform the board that an appeal has been filed. The board
				may make its determination based on the record or may require a hearing de
				novo. If the board decides on a hearing de novo, the petitioner shall pay a fee
				of $125.00 pursuant to Subsection C of 20.11.2.22 NMAC by the deadline
				established by the board. A hearing de novo shall be held in accordance with
				20.11.81 NMAC. 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 90 consecutive days of the
				headquarters' receipt of the written request. No fewer than 15 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.