N.M. Admin. Code § 20.10.2.18

Current through Register Vol. 35, No. 21, November 5, 2024

Section 20.10.2.18 - PERMIT SUSPENSION AND REVOCATION

A. The regulatory authority may immediately suspend a permit, without prior warning, notice of a hearing, or a hearing, if it determines through inspection, examination of employees, hemp product records, or other means as specified in this part, if:

(1) an imminent health hazard exists; or

(2) the permit holder:

(a) allows serious or repeated violations of the Food Service Sanitation Act, the New Mexico Food Act, the act, or this part;

(b) allows violations of this part to remain uncorrected beyond time frames for correction approved, directed, or ordered by the regulatory authority;

(c) violates any term or condition of a permit as specified under Paragraph 3 of Subsection E of 20.10.2.8 NMAC;

(d) fails to comply with Subsection C of 20.10.2.16 NMAC;

(e) fails to comply with a regulatory authority order issued concerning an employee or conditional employee suspected of having a disease transmissible through hemp products by infected persons; or

(f) fails to comply with a hold order as specified in Subsection A of 20.10.2.21 NMAC;

B. The regulatory authority shall provide written notice of the immediate suspension to the permit holder or person in charge.

C. After receiving a written request from the permit holder stating that the conditions cited in the immediate suspension notice no longer exist, the regulatory authority shall conduct a reinspection of the hemp facility for which the permit was summarily suspended.

D. A permit suspension shall remain in effect until the conditions cited in the immediate suspension notice no longer exist and their elimination has been confirmed by the regulatory authority through re-inspection and other means as appropriate as described in Subsection C of this section.

E. If a permit has been suspended more than one time, the regulatory authority may revoke the permit.

F. If a hemp facility fails to comply with an employee restriction order, an order to hold and not transport hemp product, or an immediate suspension notice, the regulatory authority may revoke the permit.

G. The regulatory authority shall conduct a hearing as specified in 20.10.2.19 NMAC prior to revoking a permit.

H. A permit that has been revoked shall not be considered for reapplication until the permit holder has demonstrated to the satisfaction of the regulatory authority that the hemp facility will comply with this part.

N.M. Admin. Code § 20.10.2.18

Adopted by New Mexico Register, Volume XXX, Issue 15, August 13, 2019, eff. 8/1/2019, Amended by New Mexico Register, Volume XXXI, Issue 02, January 28, 2020, eff. 1/28/2020