New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 80 - ADJUDICATORY PROCEDURES - ADMINISTRATIVE ENFORCEMENT HEARINGS BY DIRECTOR › Section 20.11.80.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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 subsequent amendments and
				successor provisions.
B. "Air
				program" means the board program within the municipal limits of Albuquerque and
				within the boundaries of Bernalillo county with a staff that is authorized to
				administer and enforce air quality pursuant to the Air Quality Control Act,
				Chapter 74, Article 2 NMSA 1978.
C.
				"Board" means the Albuquerque-Bernalillo county air quality control board or
				its successor board under the act.
D. "Compliance order" means a written
				administrative compliance order, compliance determination or other
				administrative order or document that is issued by the manager of the air
				program or by the department, and which may include any combination of an
				allegation of violation, demand for penalty payment, or suspension or
				revocation of all or part of a permit as authorized by the Air Quality Control
				Act, Section
				74-2-12
				NMSA 1978.
E. "Complainant" means
				the manager of the air program, also known as the air program manager, or other
				person designated by the director of the department to perform the functions of
				an air program manager.
F. "Days"
				means consecutive days except as otherwise specified.
G. "Department" means the city of Albuquerque
				environmental health department or the successor local agency as defined and
				authorized by the act.
H.
				"Director" means the administrative head of the department, the director's
				designee or a person who assumes the role of the director for purposes of
				20.11.80 NMAC in the event of the director's disqualification or
				withdrawal.
I. "Division" means the
				air quality division of the department or the division's successor
				organizational unit.
J.
"Hearing clerk"
means the department employee designated by the
				director to provide staff support to the hearing officer and the director
				regarding the proceedings, issue subpoenas, and maintain the official record of
				the proceeding.
K. "Hearing
				officer" means the person appointed by the director to conduct a proceeding
				pursuant to 20.11.80 NMAC.
L.
				"Party" means the respondent, the air program and any person who is allowed by
				the hearing officer or director to intervene in the hearing pursuant to Rule
				1-024 NMRA of the New Mexico rules of civil procedure for the district
				courts.
M. "Record proper" or
				"record" means all documents filed by or with the hearing clerk during the
				proceeding authorized by 20.11.80 NMAC and includes:
(1) the verbatim record of the hearing in the
				form of a transcript, tapes or other digital recording, as applicable, and all
				exhibits offered into evidence at the hearing, whether or not
				admitted;
(2) the hearing officer's
				findings of fact and conclusions regarding all material issues of law and
				discretion and the reasons therefor, the recommended decision and the proposed
				final order, as required by Subsection C of 20.11.80.16 NMAC; and
(3) the director's final order and reasons,
				as required by Subsection D of 20.11.80.16 NMAC.