N.M. Code R. § 20.11.100.35 Enforcement Action, Denial, Suspension Or Revocation of Certifications

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.100.35
• Year: 2023

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...