DISPOSITIONAL HEARINGS

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.#

History[18.60.4.13 NMAC - N, 7-17-06]#