New Mexico Administrative Code

A. Hearing: (1) Location of the hearing: Unless otherwise ordered by the commission or hearing officer, the hearing shall be in Santa Fe. (2) Postponement of hearing: No request for postponement of a hearing shall be granted except upon consent of all parties or for good cause sh…

A. Filing the transcript: If post-hearing submittals are allowed, the hearing clerk shall, promptly following receipt of the transcript, transmit a copy to the hearing officer, and notify all parties of its availability. Any person, other than the commission, desiring a copy of a…

A. Summary procedures: (1) Use of summary procedures: The commission may dispose of a abatement plan petition, variance petition or request for compliance order hearing after an expedited hearing if a party requests that the matter be decided solely on legal arguments presented i…

[Preferred Format] STATE OF NEW MEXICO WATER QUALITY CONTROL COMMISSION [A. Petition Hearing] IN THE MATTER OF THE PETITION FOR [A VARIANCE FROM _______________] [HEARING ON DISCHARGE PLAN NO. ____ ] [HEARING ON ABATEMENT ACTION DATED ______ ] [Name of Petitioner], Petitioner [B.…

This part is adopted under the authority of the Water Quality Act, NMSA 1978 Sections 74-6-4, 74-6-5 and 74-6-10, as amended, and the Utility Operators Certification Act, NMSA 1978 Section 61-33-10, as amended.

Permanent.

10/15/2010, unless a later date is cited at the end of a section.

The objective of this part is to establish procedures that govern the adjudicatory proceedings of the water quality control commission.

A. General: As used in this part: (1) "abatement plan action" means those actions that may be appealed to the commission pursuant to 20.6.2.4114 NMAC; (2) "abatement plan hearing" means a proceeding before the commission initiated by the timely filing of an abatement plan petitio…

In the absence of a specific provision in this part governing an action, the commission may look to the New Mexico Rules of Civil Procedure, SCRA 1986, 1-001 to 1-102 and the New Mexico Rules of Evidence, SCRA 1986, 11-101 to 11-1102 for guidance. Any reference to the Rules of Ci…

This part shall be liberally construed to carry out its purpose. 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.

Environment Department.

A. Applicability of Rules of Civil Procedure and Evidence: The New Mexico Rules of Civil Procedure, SCRA 1986, 1-001 to 1-102 and the New Mexico Rules of Evidence, SCRA 1986, 11-101 to 11-1102 shall not apply to proceedings under this Part. At the discretion of the Hearing Office…

This Part sets forth procedural regulations for public hearings before the Environment Department involving permit issuance, renewal, denial, or modification, license, and variance petitions, except to the extent any provision of this Part is inconsistent with any rule promulgate…

A. Initiation of Hearing: (1) Filing of Completeness or Hearing Determination: A proceeding under this Part shall be initiated by the filing of a Completeness or Hearing Determination by the Secretary. (2) Administrative Record to Hearing Clerk: Upon the filing of a Completeness …

This Part is adopted under the authority of NMSA 1978, 9-7A-6.D, 74-1-1 through 13, 74-4-4.A.7, 74-9-28.A (1) and (3) and 74-9-29.

A. Participation: (1) Entry of Appearance: Any person who wishes to be a party shall file, and serve upon all other parties of record, an Entry of Appearance, on or before the deadline set forth in the Notice of Hearing. A timely Statement of Intent to Present Technical Testimony…

Permanent.

A. Burden of Persuasion; Order of Testimony; Evidence Required: (1) Burden of Persuasion: The Applicant or Petitioner has the burden of proof that a permit, license, or variance should be issued and not denied. This burden does not shift. The Division has the burden of proof for …

December 1, 1997, unless a later date is cited at the end of a section or paragraph.

A. Filing the Transcript: The hearing shall be transcribed or tape-recorded verbatim. If the hearing is transcribed, the Hearing Clerk shall promptly notify all parties of the availability of the transcript. Any person desiring a copy of the transcript shall order a copy from the…

The objective of this Part is to establish hearing procedures for permit issuance, renewal, denial, or modification, license and variance petitions; to ensure due process for all persons; to ensure the ability to participate of all persons and entities who desire to take part; an…

A. Withdrawal: No later than the beginning of the hearing, the Applicant or Petitioner may file a Motion for Withdrawal. The Secretary shall grant or deny the Motion for Withdrawal. [12-1-97 ] B. Summary Procedures: (1) Use of Summary Procedures: The Secretary may issue a final o…

GENERAL: A. As used in this Part: (1) "Act" means, as the context requires: (a) the Department of Environment Act, NMSA 1978, Chapter 9, Article 7A; (b) the Air Quality Control Act, NMSA 1978, Chapter 74, Article 2; (c) the Radiation Protection Act, NMSA 1978, Chapter 74, Article…

Environment Department.

A. Applicability of Rules of Civil Procedure: In the absence of a specific provision in this Part governing an action, the New Mexico Rules of Civil Procedure, SCRA 1986, 1-001 to 1-102 and the New Mexico Rules of Evidence, SCRA 1986, 11-101 to 11-1102 may apply as necessary in t…

Except as otherwise specifically provided by statute or by any other rule or regulation of the Board or the Department, this Part governs administrative appeals of compliance orders, administrative orders, field citations or compliance determinations issued or administered by the…

A. Initiation of Process: (1) Filing of Request: The appeal process governed by this Part shall be initiated by the filing of a Request for Hearing and served on the Department and any other party. (2) Request for Hearing: The Request for Hearing shall include an Answer. The Answ…

This Part is adopted under the authority of NMSA 1978, 9-7A-6, 74-2-12, 74-4-10, 74-6B-8, 74-6B-13, 74-9-28.A(2), 74-9-29, 74-9-36, 74-11-10 and 74-11-11, as amended.

A. Scope of Discovery: (1) Grounds: For a ULA Hearing, discovery shall be governed by the provisions of the ULA. Discovery of information not privileged may be permitted if it meets the following: (a) the discovery will not unreasonably delay the proceeding; (b) the information t…

Permanent.

A. Evidence: (1) General: The Hearing Officer shall admit all relevant evidence, unless the Hearing Officer determines that the evidence is irrelevant, immaterial, unduly repetitious or otherwise unreliable or of little probative value. Evidence relating to settlement that would …

November 1, 1995.

A. Filing the Transcript: Unless otherwise ordered by the Secretary or Hearing Officer, The hearing shall be transcribed verbatim. The Hearing Clerk shall promptly notify all parties and interested participants of the availability of the transcript. Any person desiring a copy of …

The objective of this Part is to establish regulations that govern adjudicatory proceedings of the Environment Department. This Part is to ensure due process for all the parties and give an orderly structure to the proceedings.

A. Summary Procedures: (1) Use of Summary Procedures: Under the following limited circumstances, the Secretary may dispose of a Request for Hearing after an expedited hearing for: (a) a motion by a party to dismiss the Request for Hearing for jurisdictional defects (i.e. an untim…

A. GENERAL. As used in this Part: (1) "Act" means, as the context requires: (a) the Department of Environment Act, NMSA 1978, Chapter 9, Article 7A, and its subsequent amendments and successor provisions; (b) the Air Quality Control Act, NMSA 1978, Chapter 74, Article 2, and its …

New Mexico Water Quality Control Commission.

A. Commission: The commission shall exercise all powers and duties prescribed under the act and this part not otherwise delegated to the hearing officer or the commission administrator. (1) The commission may issue procedural orders that either impose additional procedural requir…

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,…

No commission member shall participate in any action in which his or her impartiality of fairness may reasonably be questioned, and the member shall recuse himself or herself in any such action by giving notice to the commission and the general public by announcing this recusal o…

At no time after the commission's determination to hold a public hearing on a petition and before the issuance of the commission's written decision under this part, shall the department, or any other party, interested participant or their representatives discuss ex parte the meri…

A. The filing of any document as required by this part shall be accomplished by delivering the document to the commission administrator. B. Any person filing any document shall: (1) provide the commission administrator with the original along with up to 15 copies of the document,…

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…

This part governs the procedures to be followed by the commission, and by participants before the commission, in connection with all rulemaking hearings before the commission, except to the extent this part may be inconsistent with specific procedures in governing law. In cases w…

A. Any person may file a petition with the commission to adopt, amend, or repeal any regulation within the jurisdiction of the commission. B. The petition shall be in writing and shall include a statement of the reasons for the regulatory change. The petition shall cite the relev…

A. Unless otherwise allowed by governing law and specified by the commission, the commission shall provide to the public notice of the proposed rulemaking at least 60 days prior to the hearing. B. Public notice for proposed regulatory changes of general application to the state s…