# DISPOSITIONAL HEARINGS

**Citation:** 18.60.4.13 NMAC  
**Type / status:** regulation / current  
**Agency:** New Mexico Public Regulation Commission  
**Effective:** 2006-07-17  
**Published:** Not stated

A. Notice. Not less than twenty (20) days prior to the date of the dispositional hearing, the director shall serve on the respondent notice of the dispositional hearing and copies of the notice of probable violation, staff’s inspection reports, and any third party complaints or damage reports by mai

## Document text

A. Notice. Not less than twenty (20) days prior to the date of the dispositional hearing, the director shall serve on the respondent notice of the dispositional hearing and copies of the notice of probable violation, staff’s inspection reports, and any third party complaints or damage reports by mail as prescribed by 18.60.4.9 NMAC. The notice shall state in boldface type that failure to appear at the dispositional hearing may result in the issuance of a default disposition and administrative or civil penalties or other sanctions.

B. Procedures.

(1) The director shall appoint a person or a panel to hear the case, or may hear the case himself or herself.

(2) The dispositional hearing shall be recorded by mechanical or electronic means and the director, or person or panel conducting the hearing, shall determine if the record shall be transcribed.

(3) If the director does not hear the case himself or herself, the person or panel conducting the dispositional hearing shall issue a recommended disposition to the director setting forth findings of fact, the amount of any administrative or civil penalties, and any other sanctions.

C. Disposition. The director shall promptly act on the recommended disposition. The director’s disposition shall include:

(1) findings of fact;

(2) the amount of the penalty and the procedure for its payment, if an administrative or civil penalty is assessed;

(3) a statement of the actions required to be taken by the respondent and the time by which each action must be accomplished; and

(4) a statement that the respondent may appeal the director’s disposition by filing a request for a hearing before the commission pursuant to 18.60.4.14 NMAC.

D. Failure to appear. If the respondent fails to appear for the dispositional hearing, the director may issue a default disposition, which may include administrative or civil penalties or other sanctions.

## Provenance

- Official: Yes
- Source: <https://www.srca.nm.gov/parts/title18/18.060.0004.html>
- Source ID: `nm-srca-nmac`
- SHA-256: `163041fef9f2c827a4b6ffb3e192bf90c55d0daf2ee7bc2448be0aac37fc3948`
- Retrieved: 2026-08-20T08:28:34.875Z
- Exported: 2026-08-23T05:33:58.943Z
- Document slug: `nm-nmac-18-60-4-13`

### Source metadata

```json
{
  "jurisdiction": "US-NM",
  "title": 18,
  "chapter": 60,
  "part": "4",
  "section": 13,
  "partTitle": "PIPELINE SAFETY ENFORCEMENT PROCEDURES",
  "pipelineScope": "new-mexico-pipeline-safety",
  "legalScope": "Complete current official NMAC Title 18, Chapter 60, Parts 2 through 5: general pipeline-safety provisions, annual fees, enforcement procedures, and excavation-damage prevention. Part 1 is reserved.",
  "applicabilityCaveat": "Applicability depends on New Mexico Public Regulation Commission jurisdiction, pipeline or underground-facility type, operator and activity, intrastate or interstate status, federal preemption, incorporated federal rules, exemptions, waivers, and current Commission orders. Excavation-damage provisions also apply to one-call systems and excavators as specified in Part 5.",
  "rights": "Official New Mexico Administrative Code text is preserved with State Records Center and Archives attribution and source provenance. Agency marks, site presentation, linked material, and incorporated federal or third-party standards may carry separate rights; confirm reuse requirements beyond legal research.",
  "currentEffectiveOn": "2006-07-17",
  "effectiveDateBasis": "Latest explicit date in the official section history note; not a chapter-wide publication date.",
  "rawHistory": "[18.60.4.13 NMAC - N, 7-17-06]",
  "references": [
    {
      "citation": "18.60.4.9 NMAC",
      "referenceType": "new-mexico-administrative-code"
    },
    {
      "citation": "18.60.4.14 NMAC",
      "referenceType": "new-mexico-administrative-code"
    },
    {
      "citation": "18.60.4.13 NMAC",
      "referenceType": "new-mexico-administrative-code"
    }
  ],
  "publicationStatus": "Current official NMAC part text published by the New Mexico State Records Center and Archives.",
  "region": "NM"
}
```