New Mexico Administrative Code

Formal discovery is not a right in an administrative enforcement procedure and, therefore, is discouraged. If a party wishes to conduct discovery in addition to the methods of discovery provided in 20.11.80.14 NMAC, additional discovery shall only be allowed by order of the heari…

A. Evidence: (1) General: The hearing officer shall admit all 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 could be exclud…

A. Filing the transcript: Unless otherwise ordered by the director or hearing officer, the hearing shall be transcribed verbatim. The hearing clerk shall promptly notify all parties of the availability of the transcript. Any person who wants a copy of the transcript may order a c…

A. Summary procedures: (1) Use of summary procedures: Under the following limited circumstances, the director may dispose of a request for hearing after an expedited hearing as a result of: (a) a motion by a party to dismiss the request for hearing because of jurisdictional defec…

A. Except as otherwise specifically provided by statute or by another applicable board regulation, 20.11.80 NMAC governs: (1) administrative appeals of administrative compliance orders as defined in Subsection D of 20.11.80.7 NMAC; and (2) all other adjudicatory enforcement proce…

20.11.80 NMAC is adopted pursuant to the authority of the Air Quality Control Act, Chapter 74, Article 2 NMSA 1978, specifically Sections 74-2-5, 74-2-5.1 and 74-2-12 NMSA 1978.

Permanent.

August 15, 2011, unless a later date is cited at the end of a section.

To govern the adjudicatory proceedings of the department and the director regarding administrative enforcement, provide due process for all parties and give an orderly structure to the proceedings.

In addition to the definitions in 20.11.80 NMAC, the definitions in 20.11.1 NMAC apply unless there is a conflict between definitions, in which case the definitions in 20.11.80 NMAC shall govern. A. "Act" means the Air Quality Control Act, Chapter 74, Article 2 NMSA 1978 and its …

The variance procedures established in 20.11.7 NMAC shall not apply to 20.11.80 NMAC.

The filing of 20.11.80 NMAC, Adjudicatory Procedures - Administrative Enforcement Hearings by Director, and the filing of an amendment to 20.11.80 NMAC with the state records center and archives shall not affect an action pending for violation of the act, a city or county ordinan…

Albuquerque-Bernalillo County Air Quality Control Board, c/o Environmental Health Department, P.O. Box 1293, Albuquerque, New Mexico 87103. Telephone: (505) 768-2600.

20.11.81 NMAC shall be liberally construed to carry out its purposes. If for any reason any section, subsection, sentence, phrase, clause or wording of 20.11.81 NMAC is held to be unconstitutional or otherwise invalid by any court or the United States environmental protection age…

Documents incorporated and cited in 20.11.81 NMAC may be viewed at the Albuquerque environmental health department, Suite 3020, One Civic Plaza, 400 Marquette NW, Albuquerque, New Mexico.

A. Applicability of rules of civil procedure and rules of evidence: In the absence of a specific provision in 20.11.81 NMAC governing an action, the board and the board's hearing officer may look to the New Mexico Rules of Civil Procedure, NMRA 1-001 et seq., and the New Mexico R…

A. Initiation of petition hearing; filing and content of petition: A petition for a hearing on the merits shall be initiated by filing a petition as required by Paragraph (1) of Subsection G of 20.11.81.12 NMAC. The petitioner shall: (1) sign the petition under oath or affirmatio…

A. Hearing on the merits: (1) Location of the hearing on the merits: Unless otherwise ordered by the board or hearing officer, the hearing on the merits normally shall be held in the Vincent E. Griego Chambers, on the lower level of the Albuquerque-Bernalillo County Government Ce…

A. Filing the transcript: Unless the board orders the hearing to be tape recorded, or recorded by other means, the hearing shall be transcribed verbatim by a court reporter. Any person, other than the board, who wants a copy of a transcript from the court reporter, shall pay the …

A. 20.11.81 NMAC governs the following adjudicatory proceedings of the board, which are proceedings in which the board makes final, binding determinations that directly affect legal rights: (1) petitions for hearings on the merits before the board made by permit applicants, permi…

A. Summary procedures: (1) Use of summary procedures: The board may dispose of a petition after an expedited public hearing if a party makes a written request that the board decide the merits of the petition solely on legal arguments presented in written briefs and oral arguments…

20.11.81 NMAC is adopted pursuant to the authority of the Air Quality Control Act, Chapter 74, Article 2 NMSA 1978, Sections 74-2-5 and 74-2-7.

Permanent.

December 16, 2006, unless a later date is cited at the end of a section.

The objective of 20.11.81 NMAC is to establish procedures that govern the adjudicatory proceedings of the board that are described in Subsection A of 20.11.81.2 NMAC.

In addition to the definitions in 20.11.81 NMAC, the definitions in 20.11.1 NMAC apply unless there is a conflict between definitions, in which case the definition in 20.11.81 NMAC shall govern. A. "30-day hearing procedure" means that the regulation that authorizes or requires t…

The variance procedures provided by 20.11.7 NMAC shall not apply to 20.11.81 NMAC. No variance from the requirements of 20.11.81 NMAC shall be granted, unless the board is authorized by Subsection K of 20.11.2.18 NMAC, Fees, to grant a waiver from payment of the Board hearing fee…

The filing of 20.11.81 NMAC, Adjudicatory Procedures-Air Quality Control Board, and the filing of any amendment to 20.11.81 NMAC with the state records center and archives shall not affect any action pending for violation of a city or county ordinance, a board regulation, or a pe…

Albuquerque-Bernalillo County Air Quality Control Board, c/o Environmental Health Department. P.O. Box 1293, Albuquerque, New Mexico 87103. Telephone: (505) 768-2601.

Documents incorporated and cited in 20.11.82 NMAC may be viewed at the Albuquerque environmental health department, 400 Marquette NW, Suite 3023, Albuquerque, NM 87102.

A. Board: The board shall exercise all powers and duties authorized by 20.11.82 NMAC and not otherwise delegated to the hearing officer or the hearing clerk. The board shall designate a hearing officer for each hearing. The board may direct the hearing officer to file a report of…

20.11.82 NMAC shall be liberally construed to carry out its objectives.

A. Computation of time: In computing any period of time prescribed or allowed by 20.11.82 NMAC, 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 inclu…

A. No board member shall participate in any action in which that member's impartiality or fairness may reasonably be questioned. The member shall recuse oneself in any such action by giving notice to the board and the general public by announcing the recusal on the record. In mak…

At no time after a proceeding is initiated by filing a petition pursuant to 20.11.82.18 NMAC and before the conclusion of a proceeding initiated pursuant to 20.11.82 NMAC shall any person have ex parte contact with a board member or the hearing officer regarding the merits of a p…

A. The filing of any document as required by 20.11.82 NMAC shall be accomplished by delivering the document to the hearing clerk. B. Any person filing any document shall: (1) provide the hearing clerk with the original and 15 copies of the document; (2) deliver a copy to the boar…

A. Examination allowed: Any person may inspect and request a copy of any document filed in any rulemaking proceeding before the board, during normal business hours, subject to the provisions of law restricting the public disclosure of confidential information. The documents shall…

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

A. Unless otherwise allowed by governing law and specified by the board, the board, through the hearing clerk, shall give public notice of the hearing at least 30 days before the hearing unless the board requires a longer public notice period. Public notice shall include at a min…

20.11.82 NMAC governs the procedures in all rulemaking hearings before the board, except to the extent that 20.11.82 NMAC is inconsistent with specific procedures in governing law. In cases in which 20.11.82 NMAC is inconsistent with any rulemaking procedures specified in governi…

A. No later than 15 days before the hearing, any person, including the petitioner, who intends to present technical testimony at the hearing shall file an NOI. The NOI shall: (1) identify the person for whom the witness or witnesses will testify; (2) identify each technical witne…

Any person who is or may be affected by the proposed regulatory change may file an entry of appearance and shall be a party. The entry of appearance shall be filed no later than 15 days before the date of the hearing on the petition. In the event of multiple entries of appearance…

A. Any member of the general public may provide non-technical testimony at the hearing. Notification before the hearing is not required in order to present non-technical testimony at the hearing. A person providing non-technical testimony may also offer non-technical exhibits in …