New Mexico Administrative Code

A. The rules of civil procedure and the rules of evidence shall not apply. B. The hearing officer shall conduct the hearing in a manner that provides a reasonable opportunity for all persons to be heard without making the hearing unreasonably lengthy or cumbersome, or burdening t…

A. All testimony shall be taken under oath or affirmation, which may be accomplished as a group or individually. B. The hearing officer shall admit all relevant evidence, unless the hearing officer determines that the evidence is incompetent or unduly repetitious. The hearing off…

A. The deadlines for filing technical exhibits are established by 20.11.82.20 NMAC. B. Any party offering a technical exhibit shall provide the hearing clerk with an original and 15 copies for the board, the hearing officer, the board attorney, and persons attending the hearing. …

The hearing clerk shall arrange for a court reporter to make a verbatim transcription of the hearing unless the board requires another method of recording. The petitioner shall pay the cost of the court reporter and the original transcription. The petitioner shall also pay the co…

20.11.82 NMAC is adopted pursuant to the authority provided in the New Mexico Air Quality Control Act, NMSA 1978 Sections 74-2-4, 74-2-5; the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance No. 94-5, Sections 4 and 5; and the Joint Air Quality Control Board…

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, and proposed statements of reasons. The hearing officer's determination regarding…

If the board 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 those proposals, including discussion or recommendations as requested by …

A. As provided in the act at NMSA 74-2-5.E, in making its regulations, the board shall give weight it deems appropriate to all facts and circumstances, including: (1) character and degree of injury to or interference with health, welfare, visibility and property; (2) the public i…

The hearing clerk shall provide notice of the board's action to each of the parties who have provided a legible address and to all other persons who have made a written request to the board for notification of the action taken, and have provided a legible address.

A. Appeal of any regulatory change by the board shall be taken in accordance with NMSA 74-2-9. B. The appellant shall serve a copy of the notice of appeal on the board and on each party. C. The appellant shall be responsible for preparation of a sufficient number of copies of the…

A. Any person who is or may be affected by a regulatory change adopted by the board may file a motion with the board 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 sh…

Permanent.

August 11, 2008, unless a later date is cited at the end of a section.

The purposes of 20.11.82 NMAC are to: A. standardize the procedures used in rulemaking proceedings before the board; B. encourage participation in the hearings conducted by the board for the promulgation of regulations; C. make possible the effective presentation of the evidence …

As used in 20.11.82 NMAC: A. "Act" means the Air Quality Control Act, Chapter 74, Article 2 NMSA 1978, and its later amendments and successor provisions. B. "Board" means the Albuquerque-Bernalillo county air quality control board or its successor board pursuant to the act. C. "D…

The variance procedures provided by 20.11.7 NMAC shall not apply to 20.11.82 NMAC.

If for any reason any section, subsection, sentence, phrase, clause, wording or application of 20.11.82 NMAC is held to be unconstitutional or otherwise invalid by any court or the United States environmental protection agency, the decision shall not affect the validity or applic…

Albuquerque - Bernalillo County Air Quality Control Board. P.O. Box 1293, Albuquerque, NM 87103. Telephone: (505) 768-2601.

If any section, paragraph, sentence, clause, or word of 20.11.90 NMAC or the federal standards incorporated herein is for any reason held to be unconstitutional or otherwise invalid by any court, the decision shall not affect the validity of remaining portions of 20.11.90 NMAC.

Documents incorporated and cited in 20.11.90 NMAC may be viewed at the Albuquerque Environmental Health Department, 400 Marquette NW, Albuquerque, NM.

A. The owner or operator of any stationary source of an air contaminant shall, upon notification by the director, maintain records of the nature and amounts of emissions, to which an air quality control emission regulation applies, from the source and any other information as may…

A. Upon request of the director, the person responsible for the emission of air contaminants for which limits are established by the rules codified under Title 20, Environmental Protection, Chapter 11, Albuquerque - Bernalillo County Air Quality Control Board, of the New Mexico A…

A. 20.11.90 NMAC is applicable to any source within Bernalillo county. B. Exempt: 20.11.90 NMAC does not apply to sources within Bernalillo county, which are located on Indian lands over which the Albuquerque - Bernalillo County Air Quality Control lacks jurisdiction.

20.11.90 NMAC is adopted pursuant to the authority provided in the New Mexico Air Quality Control Act, NMSA 1978 Sections 74-2-4, 74-2-5.C; the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance 94-5 Section 4; and the Joint Air Quality Control Board Ordinance…

Permanent.

December 1, 1995, unless a later date is cited at the end of a section.

To minimize emissions from sources through inspection, enforcement, and good operating procedures.

[Reserved]

[Reserved]

Any amendment to 20.11.90 NMAC which is filed with the State Records Center shall not affect actions pending for violation of a City or County ordinance, Air Quality Control Board Regulation No. 19, 23, and 25, or 20.11.90 NMAC. Prosecution for a violation under prior regulation …

New Mexico Environment Department.

A. Board members shall complete a minimum of twelve hours of initial training: (1) within two years of election or appointment to a board of directors and shall complete a minimum of six hours of training within the first year; and (2) within two years of re-election, or appointm…

A. Mutual domestic associations shall track and record the required and continuing training received by members of their board of directors, including the following information: (1) course title and content shall be recorded for each board member; (2) total course hours shall be …

A. The department shall approve in writing all training courses and associated credit hours intended to comply with this part. B. Technical service providers shall submit proposed training to the secretary for approval at least 30 days in advance of any proposed class. Proposals …

A. This part shall become effective 12 months after promulgated. B. Training approved by the department and attended by mutual domestic board members in the 12 months prior to the promulgation of this part shall be credited to board members toward compliance with the requirements…

This part governs the training required of members of the board of directors of mutual domestic associations pursuant to the Sanitary Projects Act, Sections 3-29-1 through 3-29-20 NMSA 1978.

20.12.2 NMAC is adopted pursuant to the Sanitary Projects Act, Sections 3-29-6 and 3-29-9 NMSA 1978.

Permanent.

April 15, 2008, unless a later date is cited at the end of a section.

The purposes of this part are: A. to standardize the requirement for training and provide minimum criteria for training of members of the board of directors of mutual domestic associations pursuant to the act; B. to encourage board members to seek additional training to better un…

A. "Act" means the Sanitary Projects Act, Sections 3-29-1 through 3-29-20 NMSA 1978. B. "Board of directors" or "board members" means the directors elected by the mutual domestic association in accordance with its certificate of association and bylaws and responsible for the admi…

A. The department shall exercise all powers and duties prescribed under this part. B. The secretary shall have the authority to take all measures necessary to review and approve specific training course content developed by the department or a technical service provider and act o…

A. The following topics are the minimum required subject areas for initial training of mutual domestic board of director members: (1) responsibilities of governing bodies (certificate of association, bylaws, election procedures and Governmental Conduct Act); (2) Sanitary Projects…

New Mexico Environmental Improvement Board.

A. This Part amends and supersedes Air Quality Control Regulations (AQCRs): (1) 110, Confidential Information Protection, last filed May 29, 1990; (2) 701, Procedures for Requesting a Variance Hearing, last filed Oct. 7, 1975; (3) 1001, Sampling Equipment, last filed Jan. 27, 197…

If any provision or application of any Part under Chapter 2 of Title 20 is held invalid, the remainder, or its application to other situations or persons, shall not be affected.