STIPULATION

A.At any time before the issuance of a final order, the director and the respondent may agree to resolve a case by stipulation. The stipulation may include assessment or waiver of a civil or administrative penalty or other sanctions.#

B.A stipulation shall include:#

(1)an admission by the respondent of all jurisdictional facts;#

(2)an express waiver of the right to pursue further procedural remedies before the commission and of the right to seek judicial review or otherwise challenge or contest the validity of the stipulation;#

(3)an acknowledgement that the notice of probable violation may be used to construe the terms of the stipulation;#

(4)an acknowledgement that the stipulation will be considered a violation for purposes of penalties for subsequent violations; and#

(5)a statement of the actions to be taken by the respondent and the time by which each action shall be accomplished.#

C.If a case is resolved by stipulation, staff shall file a motion requesting approval of the stipulation and closing of the case.#

History[18.60.4.15 NMAC - Rp, 18.60.2.15 NMAC, 7-17-06]#