HOUSE BILL 99

46th legislature - STATE OF NEW MEXICO - second session, 2004

INTRODUCED BY

Joseph Cervantes

AN ACT

RELATING TO AGRICULTURE; PROVIDING ENFORCEMENT POWERS TO THE DIRECTOR OF THE NEW MEXICO DEPARTMENT OF AGRICULTURE; PROVIDING A PENALTY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of Chapter 76, Article 1 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] POWERS--ENFORCEMENT--COMPLIANCE ORDERS--PENALTY.--

          A. If the director determines that a person has violated or is violating a statute of the New Mexico department of agriculture, a regulation adopted pursuant to a statute or a condition of a permit, license, registration or certification issued under a statute, the director may:

                (1) issue a compliance order stating with reasonable specificity the nature of the violation and requiring compliance immediately or within a specified time period;

                (2) assess a civil penalty for a violation, not to exceed three thousand dollars ($3,000) per violation; or

                (3) commence a civil action in district court for appropriate relief, including a temporary or permanent injunction.

          B. An order issued by the director pursuant to this section may include a suspension or revocation of a permit, license, registration or certification, or a portion thereof.

          C. An order issued pursuant to this section shall become final unless, no later than thirty days after the order is served, the person named in the order submits a written request to the director for a hearing. Upon the request, the director shall conduct a hearing within sixty days of the request. The director shall appoint an independent hearing officer to preside over the hearing. The hearing officer shall make and preserve a complete record of the proceedings and forward his recommendation to the director, who shall make the final decision within thirty days of the hearing. The director may request the attendance and testimony of witnesses and the production of relevant papers, books and documents and may adopt rules for discovery procedures.

          D. Penalties collected pursuant to an administrative order in excess of the cost of recovery and remedy shall be deposited in the general fund."

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