New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 3 - LIQUID WASTE DISPOSAL AND TREATMENT › Section 20.7.3.406 - PERMITTING; APPEALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				affected person who is dissatisfied with action taken by the department on a
				permit application or variance petition may appeal to the secretary. The
				request must be made in writing to the secretary within 15 working days after
				notice of the department's action has been issued. Unless an appeal is received
				by the secretary within 15 working days after notice to the applicant or
				petitioner of the department's action, the decision of the department shall be
				final.
B. If an appeal is received
				within the 15 working day time limit, the secretary shall hold a hearing within
				15 working days after receipt of the request. The secretary shall notify the
				person who requested the hearing of the date, time and place of the hearing by
				certified mail. If the appeal is on a variance petition, the secretary shall
				also notify all persons involved under Subsection B of 20.7.3.405 NMAC of the
				hearing date, time and place of the hearing by certified mail.
C. In the appeal hearing, the burden of proof
				is on the person who requested the hearing. Where the department requires more
				stringent requirements pursuant to Subsection L of 20.7.3.201 NMAC, the burden
				of proof of the necessity for the more stringent requirements shall be upon the
				department.
D. Appeal hearings
				shall be held at a place designated by the secretary in the area where the
				proposed on-site liquid waste system is to be located, unless other mutually
				agreed upon arrangements are made. The secretary may designate a person to
				conduct the hearing and make a final decision or make recommendations for a
				final decision. The secretary's hearing notice shall indicate who will conduct
				the hearing and make the final decision.
E. Upon request, the hearing shall be
				recorded. The person who requests the recording shall pay recording
				costs.
F. In appeal hearings, the
				rules governing civil procedure and evidence in district court do not apply.
				Hearings shall be conducted so that all relevant views, arguments and testimony
				are amply and fairly presented without undue repetition. The secretary shall
				allow department staff and the hearing requestor to call and examine witnesses,
				to submit written and oral evidence and arguments, to introduce exhibits and to
				cross-examine persons who testify. All testimony shall be taken under oath. At
				the end of the hearing, the secretary shall decide and announce if the hearing
				record will remain open and for how long and for what reason it will be left
				open.
G. Based upon the evidence
				presented at the hearing, the secretary shall sustain, modify or reverse the
				action of the department. The secretary's decision shall be by written order
				within 15 working days following the close of the hearing record. The decision
				shall state the reasons therefore and shall be sent by certified mail to the
				hearing requestor and any other affected person who requests notice. Appeals
				from the secretary's final decision are by Rule 1-075 NMRA.