New Mexico Administrative Code

A. The originals of all documents served in the proceeding shall be filed with the Hearing Clerk designated by the Director. Filing is complete when received by the Hearing Clerk or some other Division employee in his place. Filing may be completed between 8 a.m. and 5 p.m. on st…

All documents issued by the Commission or Hearing Officer shall be filed with the Hearing Clerk. The Hearing Clerk shall promptly serve copies of the documents upon all parties.

Any person may, during normal business hours, inspect and copy any document filed in any proceeding, except confidential documents. Such documents shall be made available by the Hearing Clerk. The person seeking copies of any documents shall pay the cost of copying the documents.

The proceeding shall be started by the filing of a petition with the Commission within 60 days from the date of notice of the Director's action. The Petitioner shall file the original and 12 copies of the Petition with the Hearing Clerk and serve a copy on the Division and the ap…

A. The Division shall file a response to the Petition responding to each of the objections in the Petition no later than 20 days after the petition is filed. B. The Division shall deliver to the Hearing Clerk a list of all persons who have expressed in writing an interest in the …

If a Hearing Officer other than the Commission chairperson is assigned, the Hearing Clerk shall notify the parties of the name and address of the Hearing Officer. The Hearing Clerk shall also, at that time, forward to the Hearing Officer copies of all documents filed to date. Any…

A. The Commission or Hearing Officer shall schedule the hearing to begin no earlier than 30 days and no later than 60 days after the date the Petition was filed, unless the parties waive the deadline in writing. The notice of waiver must be filed before the 60-day deadline. B. Th…

A. Any application or request by a party to the Commission for an order shall be made by motion in writing except those made orally during a hearing. The party making the motion shall specify the reasons for the motion and state the relief sought. Motions may be accompanied by an…

A. At least 15 days prior to the hearing, the Petitioner shall file and serve on the Division and any other party the following information: (1) The name of each witness to be called at the hearing; (2) An estimate of the length of the direct testimony of each witness; (3) A summ…

The Hearing Officer may issue subpoenas to compel attendance of witnesses and for the production of documents relevant to the Petition. A. The Hearing Clerk shall, upon request by any party and without the necessity for notice to other parties, forward the proposed subpoena to th…

A. Any person may intervene as a matter of right or by permission of the Commission pursuant to the criteria set forth in Rule 1-024, NMRA 1998. Any agency represented on the Mining Commission pursuant to NMSA 1978, Section 69-36-6(A) (1993) shall be permitted to intervene as a m…

A. In most circumstances, the hearing will be conducted in front of the Commission, with the Hearing Officer presiding. For good cause, the Commission may delegate the authority to take evidence to the Hearing Officer. B. The Hearing Officer shall conduct the hearing to provide a…

The Hearing Officer may allow brief opening and closing statements. The Petitioner has the first opportunity to present evidence or argument to support its position. Other parties and interested participants supporting the Petition will then proceed. Following the presentation of…

Each matter of controversy raised by the Petition shall be determined by the Commission upon a preponderance of the evidence.

A. The Hearing Officer shall admit any relevant evidence, unless it is immaterial, repetitious, or otherwise unreliable. Evidence relating to settlement is not admissible. B. All or portions of the administrative record before the Director shall be admitted into evidence at the r…

A. Any objection concerning the conduct of the hearing may be stated orally or in writing during the hearing at the time the issue arises. The party raising the objection must supply a short statement of the reasons for the objection. The ruling by the Hearing Officer on any obje…

A. Any member of the general public may present comments in support of or in opposition to a petition at the hearing. Such comments may be given orally or in a signed written statement with 12 copies. Such comments will be included in the record but will not be admitted as eviden…

A. Unless otherwise ordered by the Commission, the Hearing Clerk shall make an audio recording of the hearing. Any person, other than the Commission, desiring a copy of the audio recording must order a copy from the Hearing Clerk and pay for the copying. B. No later than 5 days p…

Commission members may attend a meeting to take any action except on evidentiary matters by telephone if the following requirements are met: A. The Hearing Clerk is able to arrange for a conference telephone or other similar communications equipment at the location of the meeting…

A. Following the hearing, the Commission may allow a period for written submittals from the parties and interested participants and comments from the general public. These submittals shall not contain evidence not presented previously. The Commission may ask for proposed findings…

For reviews of penalty assessments, the Commission may change the amount and nature of the civil penalty, if any, and shall set forth the reasons for the change. The Petitioner shall pay the full amount of the civil penalty, if any, assessed in the final order within 60 days afte…

The filing of an appeal does not stay any action or payment of penalty required by the final order. The Commission may enter a stay if it is requested by motion prior to any appeal to district court.

The preparation of the record for an appeal or for any other reason shall be the responsibility of the Hearing Clerk. The Appellant shall make satisfactory arrangements for payment for the copies of the record with the Hearing Clerk, including the costs of transcribing the audio …

The Commission encourages the settlement of a proceeding at any time if the settlement is consistent with the provisions and objectives of the Act and Regulations. The Commission may approve a settlement agreement signed by all parties. If the Commission disapproves the settlemen…

A Petitioner may withdraw a petition at any time prior to a decision by the Commission by filing a Notice of Withdrawal with the Commission and serving the Notice on all other parties and upon such withdrawal, the permitting action becomes final.

ATTACHMENT A [Preferred Format] NEW MEXICO MINING COMMISSION IN THE MATTER OF THE PETITION FOR REVIEW OF THE DIRECTOR'S ACTION DATED [ ] No. PERMIT NO. ____________ [NAME OF PETITIONER], Petitioner CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the forego…

All persons subject to the New Mexico Mining Act NMSA 1978, Section 69-36-1 et. seq.

NMSA 1978, Section 69-36-1 et. seq.

Permanent.

June 30, 1999, unless a later date is cited at the end of a section. A. All references to the Mining Act Parts 1-14 in any other rule shall be understood as a reference to 19.10 NMAC. B. The amendment and replacement of The Mining Act Parts 1-14 shall not affect any administrativ…

The objective of Parts 1-14 of 19.10 NMAC is to establish regulations to implement the New Mexico Mining Act as directed in NMSA 69-36-7 A. These regulations are designed to ensure proper reclamation through permitting for operations subject to the Mining Act, in accordance with …

A. "Applicant" means the person whose application for a permit or variance or revision to a permit is the subject of the permitting action to which a petition applies. B. "Date of notice" means the date on which the Director initiates service of the notice of a decision by mail o…

Energy, Minerals and Natural Resources Department, Mining and Minerals Division, and Mining Commission.

A. Commission. The commission shall exercise all powers and duties prescribed under 19.10.15 NMAC and not otherwise delegated to the hearing officer or the commission administrator. B. Hearing officer. The commission shall designate a hearing officer for each hearing who shall ex…

A. Computation of time. In computing any time prescribed or allowed by these rules, except as otherwise specifically provided, the day of the event from which the designated period begins to run shall not be included. The last day of the computed period shall be included, unless …

No commission member shall participate in an action for which he or she would be disqualified under Section 69-36-6 NMSA 1978 of the Mining Act, the Governmental Conduct Act, or any other applicable law.

At no time after the initiation and before the conclusion of a proceeding under 19.10.15 NMAC, shall the division, or any other party, interested participant or their representatives discuss ex parte the merits of the proceeding with any commission member or the hearing officer.

A. The filing of any document that 19.10.15 NMAC requires shall be accomplished by delivering the document to the commission administrator and the commission legal counsel. B. Any person filing any document shall: (1) provide the commission administrator with nine original hard c…

A. Examination allowed. Subject to the provisions of law restricting the public disclosure of confidential information, any person may, during normal business hours, inspect and copy any document filed in any rulemaking proceeding before the commission. Such documents shall be ma…

A. Any person, may file a petition with the commission to adopt, amend or repeal any rule within the commission's jurisdiction. B. The petition shall be in writing and shall include a statement of the reasons for the rule change. The petition shall cite the relevant statutes that…

A. The commission shall distribute a notice of proposed rulemaking at least 60 days before the hearing on the rule change by: (1) posting the notice on the division website; (2) posting the notice on the sunshine portal; (3) making the notice available in the division's district …

Any person who is or may be affected by the proposed rule change may file an entry of appearance as a party. The entry of appearance shall be filed no later than 10 days before the date of the hearing on the petition. In the event of multiple entries of appearance by those affili…

A. General. Any person who has filed an entry of appearance may file a motion. All motions, except those made orally during a hearing, shall be in writing, specify the grounds for the motion and state the relief sought. Each motion shall be accompanied by an affidavit, certificat…

19.10.15 NMAC applies to persons or entities engaged in rulemaking proceedings before the commission.

A. Any person, including the petitioner, who intends to present technical testimony at the hearing shall, no later than 10 working days prior to the hearing, file a notice of intent to present technical testimony. The notice shall: (1) identify the person for whom the witness(es)…

A. Any member of the public may testify at the hearing. No prior notification is required to present non-technical testimony at the hearing. Any such member may also offer non-technical exhibits with his or her testimony, so long as the exhibit is not unduly repetitious of the te…

A. A commission member may participate in a meeting or hearing of the commission by means of a conference telephone or other similar communications equipment, when it is otherwise difficult or impossible for the member to attend the meeting or hearing in person, provided that eac…