New Mexico Administrative Code

Unless otherwise provided by governing law, the commission shall hold hearings on proposed regulatory changes of statewide application in Santa Fe, and at other places the commission may prescribe. The commission may hold hearings on proposed regulatory changes that are not of st…

A. A member of the commission 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 th…

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…

Subsection E of Section 74-6-4 NMSA 1978 directs the commission to adopt, promulgate and publish regulations. Section 74-6-6 NMSA 1978 requires a public hearing prior to the adoption, amendment or repeal of a regulation, and specifies requirements for such a hearing. Sections 14-…

A. The rules of civil procedure and the rules of evidence shall not apply. B. The hearing officer shall conduct the hearing so as to provide a reasonable opportunity for all persons to be heard without making the hearing unreasonably lengthy or cumbersome, or burdening the record…

A. All testimony will be taken under oath or affirmation which may be accomplished in mass or individually. B. The hearing officer shall admit any relevant evidence, unless the hearing officer determines that the evidence is incompetent or unduly repetitious. The hearing officer …

A. Any person offering an exhibit at hearing other than a document filed and served before the hearing shall provide at least an original and 15 copies for the commission, and a sufficient number of copies for every other party. B. All exhibits offered at the hearing shall be mar…

A. Unless specified by the commission or the hearing officer, a verbatim transcript shall be made of the hearing, including any deliberations. The cost of the original transcript of the proceeding and of providing a copy for each commission member shall be borne by the petitioner…

The hearing officer may allow the record to remain open for a reasonable period of time following the conclusion of the hearing for written submission of additional evidence, comments and arguments, revised proposed rule language, and proposed statements of reasons. The hearing o…

If the commission directs, the hearing officer shall file a report of the hearing. The report shall identify the issues addressed at the hearing, identify the parties' final proposals, and the evidence supporting or opposing those proposals, including discussion or recommendation…

A. If a quorum of the commission attended the hearing, and if the hearing notice indicated that a decision might be made at the conclusion of the hearing, the commission may immediately deliberate and make a decision on the proposed regulatory change. B. If the commission does no…

A. The commission administrator shall provide to the public notice of the commission's action and a concise explanatory statement. B. The adopted rule shall not take effect unless within 15 days of adoption of the rule, the commission delivers the final rule to the state records …

Permanent.

A. Appeal of any regulatory change by the commission shall be taken in accordance with governing law. B. The appellant shall serve a copy of the notice of appeal on the commission and on each party. C. The appellant shall be responsible for preparation of a sufficient number of c…

A. Any person who is or may be affected by a rule adopted by the commission may file a motion with the commission seeking a stay of that rule or regulatory change. The motion shall include the reason for, and the legal authority supporting, the granting of a stay. The movant shal…

March 16, 2018, unless a later date is cited at the end of a section.

STATE OF NEW MEXICO WATER QUALITY CONTROL COMMISSION IN THE MATTER OF PROPOSED AMENDMENTS TO ______ NMAC, [Name of Petitioner], Petitioner. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing [name of document] was served by [hand-delivery] [firs…

The objectives of this rule are: A. to standardize the procedures used in rulemaking proceedings before the commission; B. to encourage public participation in the hearings conducted by the commission for the promulgation of regulations; C. to make possible the effective presenta…

As used in this part: A. "Act" means the Water Quality Act, Sections 74-6-1 through 74-6-17 NMSA 1978. B. "Commission administrator" means the department employee designated by the secretary of environment to provide staff support to the commission. C. "Commission" means the wate…

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

If any provision or application of this part is held invalid, the remainder of this part, or its application to other situations or persons, shall not be affected.

New Mexico Environment Department and Water Quality Control Commission, and any other agency that may adopt this Part by reference.

This Part applies to disciplinary proceedings by an issuing agency pursuant to the Parental Responsibility Act against a license, certificate, registration or permit required to engage in a profession or occupation.

This Part is adopted pursuant to the Parental Responsibility Act, NMSA 1978, Sections 40-5A-1 to 40-5A-13, the Department of Environment Act, Section 9-7A-6, and the following licensing laws: A. Utility Operators Certification Act, NMSA 1978, Sections 61-33-1 et seq.; B. Hazardou…

Permanent.

November 30, 1995.

This Part is intended to implement the requirements of the Parental Responsibility Act as they apply to the issuance, renewal, suspension or revocation of any license, certificate, registration or permit required to engage in a profession or license by an issuing agency.

A. All terms defined in the Parental Responsibility Act shall have the same meanings in this Part unless defined below. B. As used in this Part: (1) "Agency" means, as the context requires, either the New Mexico Environment Department, the Water Quality Control Commission or any …

DISCIPLINARY PROCEEDINGS: A. Disciplinary Action: If an applicant or licensee is not in compliance with a judgment and order for support, the Agency:(1) Shall deny an application for a license; (2) Shall deny the renewal of a license; and (3) Has grounds for suspension or revocat…

Environmental Improvement Board.

Robert's Rules of Order shall generally govern the procedure of the board meetings except as otherwise provided for by relevant statute or by the board rules.

A. At its last regular meeting of every calendar year, the board shall elect from its members the following officers: chair, vice-chair and secretary. B. A member shall not be elected to the same office for more than two (2) consecutive years. C. The board shall fill a vacancy in…

A. The chair of the board shall preside at all meetings; shall appoint all committees; shall sign all certificates of registration, vouchers and other official documents; and shall otherwise perform all duties pertaining to the office of the chair. B. The vice-chair of the board …

The secretary of the board shall be responsible for insuring the timely preparation of meeting minutes and shall consult with the board administrator in responding to requests made pursuant to the Inspection of Public Records Act.

A. The board chair and vice-chair shall work with the board administrator in preparing and setting the agenda for all board meetings. B. A board member who wishes to place an item on the meeting agenda must submit a request to the board chair and vice-chair at least fifteen (15) …

Any board member failing to attend three (3) consecutive meetings after receiving proper notice shall be recommended for removal by the governor.

This part governs meetings conducted by the environmental improvement board in addition to the requirements of 20.1.1 NMAC, except to the extent that this part may be inconsistent with state law.

This part is adopted pursuant to Sections 50-9-12, 74-1-9, 74-2-6, 74-3-5, 74-4-5 and 74-9-27 NMSA 1978.

Permanent.

08-27-06, unless a later date is cited at the end of a section.

The objective of this part is to establish procedures for running the meeting.

[RESERVED]

The board shall annually adopt an open meetings resolution, in accordance with the Open Meetings Act.

A. Pursuant to the provisions of the Open Meetings Act, a board member may participate in a meeting of the board by means of a conference telephone or other similar communications equipment when it is otherwise difficult or impossible for the board member to attend the meeting in…

New Mexico Environment Department.

A. The filing of any document as required by this part shall be accomplished by delivering the document to the secretary's hearing office administrator. B. Any person filing any document shall: (1) provide the secretary's administrator with the original document; (2) if the docum…

At no time after the filing of a petition under this part shall any petitioner or member of the public discuss ex parte the merits of the proceeding with the secretary or hearing officer. This prohibition does not preclude department staff who are not and have not been involved i…