New Mexico Administrative Code

In the absence of a specific provision in this part governing an action, the board may look to the New Mexico Rules of Civil Procedure, NMRA 1-001 et seq., and the New Mexico Rules of Evidence, NMRA 11-101 et seq., for guidance. Any reference to the rules of civil procedure shall…

This part shall be liberally construed to carry out its purposes. If any part or application of this part is held invalid, the remainder of this part, or its application to other persons or situations, shall not be affected. This part does not apply to petitions filed prior to th…

A. Board: The board shall exercise all powers and duties as prescribed under the act, the regulations and this part and not otherwise delegated to a staff member, the hearing officer or the board administrator. The board may specify procedures in addition to or that vary from tho…

At no time after the initiation and before the conclusion of a proceeding under this part, shall the department, any other party, interested participant or their representatives discuss ex parte the merits of the proceeding with any board member or the hearing officer. This prohi…

A. Computation of time: Time shall be calculated in accordance with the Uniform Statute and Rule Construction Act, NMSA 1978, Section 12-2 A-7. In computing any period of time prescribed or allowed by this part, except as otherwise specifically provided, the day of the event from…

A. As used in this section, "document" means any pleading, motion, response, memorandum, decision, order or other written material filed in a proceeding under this part, but does not include a cover letter accompanying a document transmitted for filing. B. Filing of documents: Ex…

A. General: 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, certificate or other evidence relied upon and shall be served as provided by …

A. This part governs the following adjudicatory proceedings of the environmental improvement board: (1) proceedings for the granting of variances, or for the appeal from permitting actions, pursuant to the Air Quality Control Act, Sections 74-2-7(H) and 74.2-8 NMSA 1978 ("petitio…

A petition hearing shall be initiated by the filing of a variance petition or an appeal petition. The petitioner shall: A. sign the petition under oath or affirmation and attest to the truth of the information contained therein; and B. file the original and eight (8) copies of th…

A. Contents: A variance petition shall comply with Subsection B of 20.2.1.114 NMAC. B. Response of the department: The department shall review each variance petition and, within sixty (60) days after receipt of the petition, file a recommendation with the board to grant, grant wi…

A. Timing and contents: An appeal petition shall: (1) be filed with the board within thirty (30) days from the date notice is given of the permitting action; (2) identify the petitioner, and certify that the petitioner has standing under the act to file the petition; (3) identify…

A. Docketing notice: The board administrator shall, as soon as practicable after receipt of a petition, issue and serve upon the parties, each board member, and the board legal counsel a notice of docketing, containing the caption and docket number of the case, and the date upon …

A. Hearing date: The hearing shall be scheduled to begin no later than sixty (60) days after the date an appeal petition was received, or for a variance petition, within the sixty (60) day period set forth in Subsection D of 20.1.2.201 NMAC, unless a stipulated or unopposed motio…

A. Publication: The board administrator shall, upon direction from the board or hearing officer, prepare a notice of hearing setting forth the date, time and location of the hearing, a brief description of the petition, and information on the requirements for entry of appearance …

A. Requirement to file: Any person who wishes to present technical evidence at the hearing shall, no later than fifteen (15) days prior to the hearing, file a statement of intent. B. Content: The statement of intent to present technical evidence shall include: (1) the name of the…

A. Interested participants: Entry of appearance: Any person who wishes to be treated as an interested participant and to cross-examine witnesses at the hearing shall file and serve upon all parties an entry of appearance at least fifteen (15) days prior to the hearing. For purpos…

For a ULA hearing, discovery shall be governed by the provisions of the ULA. For other board adjudicatory proceedings, formal discovery is not a right, and therefore, formal discovery is discouraged and shall only be allowed by order of the hearing officer under the following pro…

This part is adopted under the authority of the Air Quality Control Act, Sections 74-2-5, 74-2-7 and 74-2-8 NMSA 1978; the Medical Radiation Health and Safety Act, Section 61-14E-5 NMSA 1978; and the Environmental Improvement Act, Section 74-1-8 NMSA 1978, as amended.

A. Location of the hearing: Unless otherwise ordered by the board or hearing officer, the hearing shall be in Santa Fe. B. Postponement of hearing: No request for postponement of a hearing shall be granted, except upon consent of all parties or for good cause shown.

A. The hearing officer shall conduct the hearing so as to provide a reasonable opportunity for all interested persons to be heard without making the hearing unreasonably lengthy or cumbersome or burdening the record with unnecessary repetition. B. The hearing officer shall establ…

In a petition hearing, the petitioner has the burden of going forward with the evidence and of proving by a preponderance of the evidence the facts relied upon to justify the relief sought in the petition. Following the establishment of a prima facie case by the petitioner, any p…

A. General: The hearing officer shall admit any relevant evidence, unless the hearing officer determines that the evidence is unduly repetitious, or otherwise unreliable or of little probative value. The department shall formally move into evidence the administrative record filed…

A. Objection: Any objection concerning the conduct of the hearing may be stated orally or in writing during the hearing. The party raising the objection must supply a short statement of its grounds. The ruling by the hearing officer on any objection and the reasons given for it s…

Permanent.

Unless the board orders the hearing to be tape recorded, the hearing shall be transcribed verbatim. Any person, other than the board, desiring a copy of a transcript must order a copy from the court reporter. Any person, other than the board, desiring a copy of hearing tapes must…

The hearing officer may allow the record to remain open for a reasonable period of time after the conclusion of the hearing to allow any party or interested participant to submit proposed findings of fact and conclusions of law and closing argument. The hearing officer's determin…

If the board directs, the hearing officer shall issue a recommended decision within a period established by the board. The recommended decision shall contain the hearing officer's findings of fact; conclusions regarding all material issues of law or discretion, as well as reasons…

A. Deliberation: The board shall reach a final decision on each adjudicatory matter at a public meeting. If allowed by the Open Meetings Act, Sections 10-15-1 NMSA 1978 et seq., the board may deliberate in closed session; however, any final action must occur in an open meeting. (…

Judicial review of the final order shall be as provided by law. The filing of an appeal does not stay the final order, unless otherwise ordered by the board or a court.

The preparation of the record proper for an appeal or for any other reason shall be the responsibility of the hearing clerk. The appellant shall make satisfactory arrangements, including copying or transcript costs, with the board administrator.

August 27, 2006, unless a later date is cited at the end of a paragraph.

A. Use of summary procedures: The board may dispose of a petition after an expedited hearing if a party requests that the merits of the petition be decided solely on legal arguments presented in written briefs and oral arguments. B. Expedited hearing: If the hearing officer deter…

A. Notice of withdrawal: A petitioner may withdraw a petition, or the department may withdraw the permitting action which is the subject of the proceeding, at any time prior to a decision by the board by filing a notice of withdrawal with the board and serving the notice on all o…

The board 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 parties may request that the board stay a proceeding under this part while settlement negotiations are being held. Th…

The objective of this part is to establish procedures that govern the adjudicatory proceedings of the environmental improvement board.

[PREFERRED FORMAT] STATE OF NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD [A. Petition Hearing] IN THE MATTER OF THE PETITION FOR [A VARIANCE FROM _______ ] [HEARING ON AIR QUALITY PERMIT NO. ___ ] [Name of Petitioner], Petitioner [B. ULA Hearing] NEW MEXICO ENVIRONMENT DEPARTMENT v…

GENERAL: As used in this part. Terms defined in act or regulations: Terms defined in the act or regulations and not defined in this part are used consistent with the meanings given in the act or regulations. A. "Act" means, as the context requires: (1) the Air Quality Control Act…

Water Quality Control Commission ("Commission").

A. Commission: The commission shall exercise all powers and duties as prescribed under the act, the regulations and this part, and not otherwise delegated to a staff member, the hearing officer or the hearing clerk. (1) The commission may issue procedural orders that, based on th…

At no time after the initiation and before the conclusion of a proceeding under this part shall any person discuss ex parte the merits of the proceeding with any commissioner or the hearing officer. This prohibition does not preclude any constituent agency commissioner from confe…

A. Computation of time: In computing any period of time prescribed or allowed by this part, 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,…

A. As used in this section, "document" means any pleading, motion, response, memorandum, decision, order or other written material filed in a proceeding under this part, but does not include a cover letter accompanying a document transmitted for filing. B. Filing of documents: (1…

A. Docketing notice: The hearing clerk shall, as soon as practicable after initiation of a proceeding under this part, issue and serve upon the parties and each commissioner a notice of docketing, containing the caption and docket number of the case, and the date upon which the p…

A. General: All motions, except those made orally during a hearing, shall be in writing, specify the grounds for the motion, state the relief sought and state whether it is opposed or unopposed. Each motion shall be accompanied by an affidavit, certificate or other evidence relie…

A. Initiation and conduct of permit review: A permit review shall be initiated by the filing of a permit review petition under Paragraph (1) of Subsection A of 20.1.3.16 NMAC. (1) Timing and contents: A permit review petition shall:(a) be filed with the commission within 30 days …

A. Initiation of abatement plan hearing: An appeal hearing shall be initiated by the filing of an abatement plan petition under Paragraph (1) of Subsection A of 20.1.3.17 NMAC. (1) Timing and contents: an abatement plan petition shall: (a) be filed with the commission within 30 d…