New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 125 - ADMINISTRATIVE REVIEW › Section 20.5.125.2502 - REVIEW BY THE SECRETARY OR THE SECRETARY'S DESIGNEE ON WRITTEN SUBMITTALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Every request
				for review by the secretary or the secretary's designee on written submittals
				shall be in writing and shall specify the grounds upon which the aggrieved
				party objects to the decision. The request shall be accompanied by any and all
				written materials and argument which the aggrieved party wishes the secretary
				or the secretary's designee to consider upon review. The request and all
				written materials and argument shall be submitted to the secretary or the
				secretary's designee by the deadline set out in Subsections B and C of
				20.5.125.2500 NMAC.
B. Within 15
				days after the filing of the aggrieved party's request for review and submittal
				of all the aggrieved party's supporting material, department staff shall
				provide to the secretary or the secretary's designee any and all written
				materials and argument in support of the position of department staff on the
				issues raised by the aggrieved party.
C. For good cause shown, the secretary or the
				secretary's designee may permit either party (that is, either department staff
				or the aggrieved party) additional time in which to submit the supporting
				written materials and argument allowed by Subsections A and B of this section.
				Any extension of time to submit written submittals shall not include the
				authority to extend the time to file a request for review under this
				part.
D. The action of the
				secretary or the secretary's designee on the request for review shall be based
				on the written materials and argument submitted pursuant to this section unless
				the secretary or the secretary's designee schedules a hearing on the request
				for review as set forth below.
E.
				The secretary or the secretary's designee may exercise discretion in
				determining if there is significant public interest for a public hearing and,
				if so, may provide notice of the time and place of the hearing to the aggrieved
				party, and may provide notice to interested persons other than the aggrieved
				party and provide for public participation in the review process described in
				this section, as the secretary or the secretary's designee deems
				appropriate.
F. If the secretary
				chooses to hold a hearing as described in Subsection E of this section, the
				secretary shall hold the hearing within 60 days after receiving the written
				materials and argument described in Subsection A or after receiving the request
				for a hearing, whichever occurs last. In the event the department holds a
				hearing, the cost of the court reporter and transcript shall be paid by the
				party that requested the hearing. The hearing shall be conducted in accordance
				with 20.1.5 NMAC.
G. The action of
				the secretary or the secretary's designee on the request for review shall be by
				written order and shall state the decision and the reason therefore. The
				secretary or the secretary's designee shall send a copy of the order to the
				aggrieved party and furnish a copy to department staff promptly after the order
				is entered. This written order shall be the department's final action on the
				request for review. Any judicial review of this final order shall be as
				provided by applicable law.