reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 1.7.11.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to provide for liquid waste
				  treatment and disposal fees for the administration of the state liquid waste
				  regulations. The purpose of the state liquid waste treatment and disposal
				  program is to protect the health and welfare of present and future citizens of
				  New Mexico by providing for the prevention and abatement of public health
				  hazards and surface and ground water contamination from on-site liquid waste
				  disposal practices
.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 1.7.11.8 - PERMIT FEES

Current through Register Vol. 35, No. 13, July 16, 2024
Payment of permit fees are due prior to the issuance of a
				  permit meeting all the requirements of 20.7.3 NMAC.
A.
Fees for permits to register,
				construct, or modify a conventional system of a specified design flow.
The fee for a system designed for:
(1) zero
				gpd up to 1,000 gpd is $225.00;
(2)
				1,001 gpd up to 2,000 gpd is $325.00;
(3) 2,001 gpd up to 5,000 gpd is
				$500.00;
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 1.7.11.9 - QUALIFICATION CERTIFICATE FEES

Current through Register Vol. 35, No. 13, July 16, 2024
If a qualification certificate is requested as provided for
				  in
				  20.7.3.904
				  NMAC, a fee as indicated in subsections A through F of this section shall be
				  submitted upon issuance of the qualification certificate in addition to any
				  associated permit fee required in 20.7.11 NMAC. The fee for a qualification
				  certificate for:
A. a qualified
				homeowner is $170.00;
B. a
				third-party evaluator is $50.00;
C.
				a maintenance service provider is $50.00;
D. a septage pumper is $30.00;
E. an installer specialist is
				$150.00;
F. renewal for an
				installer specialist is $75.00
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 1.7.11.10 - SEPTAGE PUMPING TRUCK ANNUAL REGISTRATION FEE

Current through Register Vol. 35, No. 13, July 16, 2024
Effective July 1, 2021, the annual fee for registration of a
				  septage pumping truck is $30.00.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 1.7.11.11 - PROPERTY TRANSFER REPORT FILING FEE

Current through Register Vol. 35, No. 13, July 16, 2024
The fee for filing a property transfer report is
				  $50.00.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 1.7.11.12 - SEPTIC TANK MANUFACTURER CERTIFICATION FEE

Current through Register Vol. 35, No. 13, July 16, 2024
The annual fee for the certification/re-certification of
				  septic tank designs as required in 20.7.3 NMAC is $150.00.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 1.7.11.13 - RE-INSPECTION FEE

Current through Register Vol. 35, No. 13, July 16, 2024
If a site inspection results in an issuance of a notice of
				  non-approval, a fee of $125.00 shall be assessed for the re-inspection of the
				  system. The re-inspection fee shall be remitted to the department prior to a
				  subsequent inspection being conducted.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 1.7.11.14 - UNPERMITTED SYSTEM INSPECTION FEE

Current through Register Vol. 35, No. 13, July 16, 2024
If a property owner requests that the department conduct an
				  unpermitted system inspection, the fee is $250.00.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 1.7.11.15 - VARIANCE FEE

Current through Register Vol. 35, No. 13, July 16, 2024
If a variance is requested as provided for in 20.7.3 NMAC, a
				  fee of $100.00 for small systems and $250.00 for large systems shall be
				  submitted upon issuance of the variance in addition to the permit fee required
				  in
				  20.7.11.8
				  NMAC above.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 1.7.11.16 - PAYMENT OF FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				department shall not issue a permit, variance or tank design certification
				until payment is received by the department. The fees required in this part are
				non-refundable.
B. All fees shall
				be remitted to the department, payable to the environment department liquid
				waste fund. All fees collected pursuant to this part shall be transmitted to
				the state treasurer for deposit in the liquid waste fund.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 1.7.11.17 - LIQUID WASTE DISPOSAL SYSTEM ASSISTANCE FUND

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to Section
				  74-1-15.1
				  NMSA 1978, the liquid waste disposal system assistance fund will be funded
				  annually with $40.00 from each permit issued pursuant to subsections A and B of
				  Section 8 of this part, up to a maximum of $200,000.00. Money from the fund
				  will be used for the sole purpose of assisting indigent individuals or
				  households that qualify for funding to accomplish one of the following purposes
				  where there is a real or potential negative impact to public health or water
				  quality from on-site liquid waste disposal system effluent:
A. to pay for a liquid waste disposal system
				to replace a cesspool or other failed or improper on-site liquid waste disposal
				system;
B. to purchase, install, or
				maintain an advanced treatment system as required by the Environmental
				Improvement Act or regulations issued pursuant to that act;
C. to pay for the decommissioning and removal
				of a cesspool or other failed or improper on-site liquid waste disposal system;
				or
D. to pay for all or a portion
				of the connection fees in order to connect an individual or household to a
				centralized wastewater collection and treatment system.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 1.7.11.18 - APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The requirement for
				payment of the permit application fee shall apply only to those applications
				received on or after the effective date of this part.
B. The annual tank certification fee shall
				apply on or after the effective date of this part. The annual fee shall be
				received by the department no later than January 1 of each year.
C. The requirements concerning payment of a
				re-inspection fee shall apply only to those re-inspections occurring on or
				after the effective date of this part.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 1.7.11.19 - PERIODIC REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
In order for the environmental improvement board to fulfill
				  its obligation to establish onsite liquid system fees in accordance with
				  Paragraph 3 of Subsection A of Section
				  74-1-8
				  NMSA 1978, the department shall provide information by January 15th of each
				  year to the environmental improvement board as follows:
A. liquid waste fund revenues for the
				previous fiscal year;
B. liquid
				waste fund expenditures for the previous fiscal year:
(1) personal services and benefits;
(2) contracts;
(3) other costs;
(4) indirect;
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 1.7.11.20 - COMPLIANCE WITH OTHER REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Compliance with this part does not relieve a person of the
				  obligation to comply with other applicable state and federal
				  regulations.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 1.7.11.21 - CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
This part shall be liberally construed to implement the
				  purpose of the act.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 1.7.11.22 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any provision or application of this part is held invalid,
				  the remainder shall not be affected.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 12 - ADJUDICATION › Section 1.7.12.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Section 10-9-10(B), NMSA 1978, Section
				  10-9-13(E),(H), NMSA 1978, Section
				  10-9-18,
				  NMSA 1978, Section
				  10-9-20,
				  NMSA 1978, Section 10-15-1(H) and NMSA 1978, Section
				  52-5-2(B),(C).
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 12 - ADJUDICATION › Section 1.7.12.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
07/07/01 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 12 - ADJUDICATION › Section 1.7.12.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 12 of Chapter 7 is: to provide a system
				  for career status employees to appeal disciplinary actions to the personnel
				  board and to provide a process for the personnel board to hear complaints
				  against workers' compensation judges.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 12 - ADJUDICATION › Section 1.7.12.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
For purposes of
1.7.12.24
				  NMAC.
A. "Complaint"
				means a sworn statement of the alleged facts underlying the claim that a judge
				has violated one or more of the canons of the code of judicial conduct as
				adopted by the supreme court, except canon 21-900 of that code; and;
B. "Judge" means a workers' compensation
				judge appointed in accordance with the provisions of
NMSA 1978, Section
				52-5-2(B).
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 12 - ADJUDICATION › Section 1.7.12.8 - FILING AN APPEAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Employees
				who have completed the probationary period as required by
Subsection A of
1.7.2.8 NMAC
and
				have been demoted, dismissed, or suspended have the right to appeal to the
				board for a public hearing before a hearing officer designated by the
				board.
B. A notice of appeal must
				be in writing and filed with the director no later than 30 calendar days from
				the effective date of the dismissal, demotion, or suspension. A copy of the
				notice of final action and a statement of the grounds for the appeal must
				accompany the notice of appeal. Appeals not filed within 30 calendar days shall
				be dismissed by the hearing officer for lack of jurisdiction.
C. Within fifteen days from the date of
				dismissal, an appellant may request a hearing in which to present evidence
				challenging a dismissal for lack of jurisdiction. If a hearing on the dismissal
				is held, the hearing officer shall submit a recommended decision to the board
				which shall contain a summary of the evidence and findings of fact and
				conclusions of law. The board, at a regularly scheduled meeting, shall then
				issue a final decision.
D. Upon
				acceptance of a notice of appeal, the hearing officer shall send the agency a
				copy of the notice of appeal and issue a scheduling order directing the
				parties, in part, to submit to the hearing officer a stipulated pre-hearing
				order for his/her approval, which shall contain at least: a statement of any
				contested facts and issues; proposed stipulation of those facts not in dispute;
				the relief or remedy requested by the appellant; a deadline for disclosure of
				all probable witnesses with a brief summary of their anticipated testimony and
				documentary evidence; a list of exhibits; a deadline for the completion of
				discovery and filing of motions; a deadline for requesting subpoenas; and
				whether the parties agree to participate in voluntary alternative dispute
				resolution.
(1) The hearing officer may
				further revise the pre-hearing order.
(2) Any discussion concerning possible
				settlement of an appeal shall not be a part of the pre-hearing order and may
				not be introduced at the hearing.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 12 - ADJUDICATION › Section 1.7.12.9 - AGENCY WITHDRAWAL OF DISCIPLINE

Current through Register Vol. 35, No. 13, July 16, 2024
A. An agency may withdraw a completed
				disciplinary action prior to commencement of a personnel board appeals hearing
				so long as the appellant is fully restored to pre-disciplinary status insofar
				as employment, back pay and benefits are concerned.
B. Upon agency withdrawal of a disciplinary
				action, the hearing officer may dismiss the appeal without prejudice to the
				agency, which may reinitiate disciplinary action.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 12 - ADJUDICATION › Section 1.7.12.10 - HEARING OFFICER

Current through Register Vol. 35, No. 13, July 16, 2024
A. The hearing
				officer shall not participate in any adjudicatory proceeding if, for any
				reason, the hearing officer cannot afford a fair and impartial hearing to
				either party. Either party may ask to disqualify the designated hearing officer
				for cause by filing an affidavit of disqualification within 14 calendar days of
				the order. The affidavit must state the particular grounds for
				disqualification. The designated hearing officer shall rule on motions for
				disqualification and an appeal of the ruling may be made to the board within 14
				calendar days of the hearing officer's ruling.
B. If an appeal is filed by an employee of
				the office, or if for any other reason a designated hearing officer within the
				office cannot or does not hear an appeal, the personnel board may designate a
				qualified state employee to hear the appeal. The personnel board may also
				decline to designate a qualified state employee to hear the appeal and instead,
				designate a member or members of the personnel board to serve as hearing
				officer and prepare a recommended decision. The personnel board member or
				members hearing the appeal, if less than a quorum, shall not take part in
				discussion or deliberation which leads to a final decision by a quorum of the
				personnel board.
C. No person shall
				communicate concerning the merits of any pending adjudicatory proceeding with
				the designated hearing officer or member of the board unless both parties or
				their representatives are present.
D. The hearing officer may dismiss an appeal
				with prejudice in accordance with the provisions of a settlement agreement
				approved by the hearing officer or upon the filing of a motion to withdraw the
				appeal at any time.
E. The hearing
				officer may dismiss an appeal with prejudice upon the filing of a motion to
				withdraw the appeal after the deadline for the completion of discovery upon
				such terms and conditions as the hearing officer deems proper.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 12 - ADJUDICATION › Section 1.7.12.11 - CONSOLIDATION AND JOINDER

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				hearing officer may consolidate cases in which two or more appellants have
				cases containing identical or similar issues.
B. The hearing officer may join the appeals
				of an appellant who has two or more appeals pending.
C. The hearing officer may consolidate or
				join cases if it would expedite final resolution of the cases and would not
				adversely affect the interests of the parties.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 12 - ADJUDICATION › Section 1.7.12.12 - DISCOVERY

Current through Register Vol. 35, No. 13, July 16, 2024
The hearing officer has the power to compel, by subpoena or
				  order, the production of written materials or other evidence the hearing
				  officer may deem relevant or material. The parties shall have a right to
				  discovery limited to depositions, interrogatories, requests for production, and
				  requests for admission and witness interviews. All discovery shall be subject
				  to the control of the hearing officer.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 12 - ADJUDICATION › Section 1.7.12.13 - MOTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any defense,
				objection, or request that can be determined on the merits prior to a hearing
				may be raised by motion before the deadline set by the hearing officer unless
				good cause is shown for the delay.
B. Prior to filing the motion, the filing
				party shall determine whether the non-filing party concurs with the motion. If
				the non-filing party concurs, the filing party shall include a stipulated order
				with the motion. If the non-filing party does not concur, the filing party
				shall indicate the non-concurrence in the motion and include a proposed
				order.
C. A response to a motion is
				due twelve (12) calendar days from the date of filing of the motion. A reply to
				a response is due seven (7) days from the date of filing the response. The
				response and reply schedule may also be set or modified by the hearing
				officer.
D. Responses to any
				motions shall be filed according to a schedule set by the hearing
				officer.
E. During the course of a
				hearing, motions may be renewed or made for the first time, if such a motion
				then becomes appropriate.
F. The
				hearing officer shall rule on all motions except for dispositive motions on the
				merits.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 12 - ADJUDICATION › Section 1.7.12.14 - ADDITIONAL WITNESSES

Current through Register Vol. 35, No. 13, July 16, 2024
Witnesses who are not disclosed by the deadline contained in
				  the pre-hearing order shall not be permitted to testify except for good cause
				  shown and to prevent manifest injustice.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 12 - ADJUDICATION › Section 1.7.12.15 - SUBPOENAS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The hearing officer
				has the power to subpoena witnesses.
B. The hearing officer has the power to
				subpoena documents or other tangible items.
C. Subpoenas shall be prepared in triplicate
				by the party requesting the subpoena and will be issued by the hearing officer.
				A copy of each subpoena shall be sent to the opposing party by the requesting
				party, together with a transmittal letter listing all persons
				subpoenaed.
D. Subpoenas shall be
				hand delivered unless otherwise agreed to.
E. In order to compel attendance at a
				hearing, the subpoena shall be received by the witness at least 72 hours prior
				to the time the witness is to appear. The hearing officer may waive this rule
				for good cause shown.
F. Employees
				under subpoena shall be granted administrative leave as required by the
				provisions of
Subsection D of
1.7.7.14
				NMAC
.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 12 - ADJUDICATION › Section 1.7.12.16 - SANCTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The hearing officer
				may impose sanctions upon the parties as necessary to serve the cause of
				justice including, but not limited to the instances set forth below.
(1) When a party fails to comply with an
				order, including an order for taking a deposition, the production of evidence
				within the party's control, a request for admission, and/or production of
				witnesses, the hearing officer may:
(a) draw
				an inference in favor of the requesting party with regard to the information
				sought;
(b) prohibit the party
				failing to comply with such order from introducing evidence concerning, or
				otherwise relying upon testimony relating to the information sought;
(c) permit the requesting party to introduce
				secondary evidence concerning the information sought; or
(d) strike any part of the pleadings or other
				submissions of the party failing to comply with such request.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 12 - ADJUDICATION › Section 1.7.12.17 - NOTICE OF HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
Notice of hearing shall be made by certified mail with return
				  receipt requested at least 14 calendar days prior to the hearing, unless
				  otherwise agreed to by the parties and the hearing officer.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 12 - ADJUDICATION › Section 1.7.12.18 - HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The hearing shall be
				open to the public unless the parties agree that it shall be closed.
B. A party may appear through a
				representative at any and all times during the adjudication process, provided
				such representative has filed a written entry of appearance.
C. The hearing officer may clear the room of
				witnesses not under examination, if either party so requests, and of any person
				who is disruptive. The agency is entitled to have a person, in addition to its
				representative, in the hearing room during the course of the hearing, even if
				the person will testify in the hearing.
D. The agency shall present its evidence
				first.
E. Oral evidence shall be
				taken only under oath or affirmation.
F. Each party shall have the right to:
(1) make opening and closing
				statements;
(2) call and examine
				witnesses and introduce exhibits;
(3) cross-examine witnesses;
(4) impeach any witness;
(5) rebut any relevant evidence;
				and
(6) introduce evidence relevant
				to the choice of discipline if it was raised as an issue in the pre-hearing
				order.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 12 - ADJUDICATION › Section 1.7.12.19 - POST-HEARING BRIEFS

Current through Register Vol. 35, No. 13, July 16, 2024
The hearing officer may require or permit written closing
				  arguments, post-hearing briefs and proposed findings of fact and conclusions of
				  law according to a scheduling order issued by the hearing officer. If case law
				  is cited, a copy of the case shall be provided to the hearing
				  officer.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 12 - ADJUDICATION › Section 1.7.12.20 - RECOMMENDED DECISION

Current through Register Vol. 35, No. 13, July 16, 2024
The hearing officer shall recommend a decision to the board
				  as soon as practicable upon conclusion of the hearing. The hearing officer
				  shall provide a copy of the recommended decision to the parties by certified
				  mail with return receipt requested.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 12 - ADJUDICATION › Section 1.7.12.21 - EXCEPTIONS TO RECOMMENDED DECISION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The parties to a proceeding may file
				exceptions with supporting briefs to a hearing officer's recommended decision
				according to a scheduling order issued by the hearing officer.
B. Copies of such exceptions and any briefs
				shall be served simultaneously on all parties, and a statement of such service
				shall be furnished to the board's hearing officer.
C. Exceptions to a hearing officer's
				recommended decision shall cite the precise substantive or procedural issue to
				which exceptions are taken.
D. Any
				exception not specifically made shall be considered waived. Any exception that
				fails to comply with the foregoing requirements may be disregarded. Any brief
				in support of exceptions shall not contain matters not related to or within the
				scope of the exceptions.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 12 - ADJUDICATION › Section 1.7.12.22 - DECISIONS OF THE BOARD

Current through Register Vol. 35, No. 13, July 16, 2024
A. As a
				general rule, the board shall only consider post-hearing briefs, and proposed
				findings of fact and conclusions of law, the hearing officer's recommended
				decision, and exceptions to the recommended decision. Where circumstances
				warrant, the board may review all or a portion of the record before the hearing
				officer.
B. The board shall not
				consider any additional evidence or affidavits not in the record before the
				hearing officer or pleadings not filed in accordance with the hearing officer's
				scheduling order.
C. The board may
				consider the record in executive session. Should the board have questions of
				the hearing officer, the questions shall be put to the hearing officer in open
				session.
D. Unless otherwise
				ordered by the board in advance of its consideration of the appeal, the board
				shall not permit any oral arguments.
E. If the board determines that the
				credibility of a witness is at issue, it shall review at least as much of the
				record as is necessary to support its decision.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 12 - ADJUDICATION › Section 1.7.12.23 - REINSTATEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The board may order
				agencies to reinstate appellants with back pay and benefits. Such appellants
				shall be reinstated to their former position, or to a position of like status
				and pay, that they occupied at the time of the disciplinary actions.
B. In the event the board's order includes
				any back pay, the appellant shall provide the agency with a sworn statement of
				gross earnings, unemployment compensation, and any other earnings, including
				but not limited to disability benefits received by the appellant since the
				effective date of the disciplinary action. The agency shall be entitled to
				offset earnings, unemployment compensation and any other earnings received
				during the period covered by the back pay award against the back pay due. The
				hearing officer shall retain jurisdiction of the case for the purpose of
				resolving any disputes regarding back pay.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 12 - ADJUDICATION › Section 1.7.12.24 - REPORT OF DECISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
When the board renders a final decision in an appeal, the
				  board's decision including the hearing officer's recommended decision will be
				  available to the public pursuant to the Inspection of Public Records Act, NMSA
				  1978, Section
				  14-2-1
				  (as amended through 2003). Copies of the board's final order and the hearing
				  officer's recommended decision shall be stored at the state personnel office,
				  separate from case files, and will be available to the public when provided to
				  the parties. The director will redact any privileged and confidential
				  information pursuant to state and federal law.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 12 - ADJUDICATION › Section 1.7.12.25 - WORKERS' COMPENSATION JUDGES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The board's duly appointed hearing officer
				shall hear all complaints filed in accordance with the provisions of
NMSA 1978, Section 52-5-2(C).
B. Whenever some action is required to be
				taken within a certain number of calendar days, the hearing officer may extend
				the time for a reasonable period.
C. Upon receipt of a complaint, the hearing
				officer shall serve a copy of the complaint on the judge by certified
				mail.
D. Within 14 calendar days
				after service of a complaint, the judge shall file an answer with the hearing
				officer. The facts alleged in the complaint may be deemed admitted if not
				specifically denied by answer or if no answer is filed within the prescribed
				time.
E. Upon the filing of an
				answer or upon the expiration of the time for its filing, the hearing officer
				shall issue an order directing the parties to submit a stipulated pre-hearing
				order for the hearing officer's approval and signature, which shall contain at
				least: a statement of any contested facts and issues; stipulation of those
				matters not in dispute; the identity of all witnesses to be called and a brief
				summary of their testimony; a list of exhibits; and requests for
				subpoenas.
F. The hearing officer
				has the power to subpoena witnesses, compel their attendance, and require the
				production of any books, records, documents or other evidence the hearing
				officer may deem relevant or material.
G. The Hearing:
(1) The hearing officer shall receive
				evidence admissible under the rules of evidence, that govern proceedings in the
				courts of the state of New Mexico and oral evidence shall be taken only under
				oath or affirmation.
(2) The
				hearing officer shall make procedural rulings.
(3) The formal hearing shall be open unless
				the hearing officer, for compelling reasons, determines otherwise. Reasons for
				closing the hearing shall be stated in the record.
(4) A judge shall have the right and
				reasonable opportunity to defend against the charges by the introduction of
				evidence, to be represented by counsel and to examine and cross-examine
				witnesses.
(5) The hearing shall be
				recorded by a sound recording device under the supervision of the hearing
				officer.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 13 - RULE MAKING › Section 1.7.13.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Section 10-9-10(A) (Repl. Pamp. 1995), NMSA 1978,
				  Section
				  10-9-13
				  (Repl. Pamp. 1995), NMSA 1978, Section
				  10-15-1
				  (Repl. Pamp. 1995) and NMSA 1978, Section
				  14-4-7.1
				  (Repl. Pamp. 1995).
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 13 - RULE MAKING › Section 1.7.13.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
07/07/01 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 13 - RULE MAKING › Section 1.7.13.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 13 of Chapter 7 is: to provide a
				  process for adoption, amendment, or repeal of a State Personnel Board
				  Rule.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 13 - RULE MAKING › Section 1.7.13.8 - NOTICE AND COMMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				Director shall provide an opportunity for agencies and interested parties to
				comment on proposed rule changes at least 30 calendar days prior to the
				adoption, amendment or repeal of any Rule.
B. At least 30 calendar days prior to the
				adoption, amendment, or repeal of any Rule, the Director shall publish notice
				of the proposed action.
(1) The notice shall
				be published in the
New Mexico Register
.
(2) The notice shall be mailed to broadcast
				stations licensed by the Federal Communications Commission and newspapers of
				general circulation that have provided a written request for such
				notice.
(3) The notice shall be
				mailed to the last known address of persons and organizations who have made a
				written and timely request to the Office.
(4) The notice shall state where a copy of
				the proposed Rule may be obtained.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 13 - RULE MAKING › Section 1.7.13.9 - HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
The Board shall hold a public hearing on the proposed action.
				  Interested persons or duly authorized representatives shall have the
				  opportunity to submit written statements or make oral
				  presentations.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 13 - RULE MAKING › Section 1.7.13.10 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
The Board shall determine the effective date of Rules, which
				  shall be filed with the Records Center.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 13 - RULE MAKING › Section 1.7.13.11 - EMERGENCY RULES

Current through Register Vol. 35, No. 13, July 16, 2024
The Board may adopt, amend, or suspend a Rule as an
				  emergency, without compliance with
1.7.13.8
				  NMAC
and
1.7.13.9 NMAC
,
				  if the Board determines that it is in the public interest. An action to adopt,
				  amend, or suspend a Rule pursuant to this Rule shall not be effective for
				  longer than 120 calendar days.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 13 - RULE MAKING › Section 1.7.13.12 - PUBLICATION OF RULES

Current through Register Vol. 35, No. 13, July 16, 2024
Rules, including emergency Rules, adopted, amended, or
				  repealed by the Board shall be published in the
New Mexico
				  Register
.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 13 - RULE MAKING › Section 1.7.13.13 - DEMONSTRATION PROJECTS

Current through Register Vol. 35, No. 13, July 16, 2024
The Board may authorize demonstration projects which may
				  require the temporary suspension of the Rules when the Office and the
				  agency(ies) agree to utilize such a project to improve
				  operations.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 1 - GENERAL PROVISIONS › Section 1.8.1.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
State ethics commission (the commission), 800 Bradbury Dr.
				  SE, Ste. 215, Albuquerque, NM 87106.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 1 - GENERAL PROVISIONS › Section 1.8.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Paragraph 2 of Subsection A of Section
				  10-16G-5,
				  State Ethics Commission Act, Section
				  10-16G-1
				  NMSA 1978; Section
				  10-16-13.1,
				  Governmental Conduct Act, Section
				  10-16-1
				  NMSA 1978, Subsection (C) of Section
				  10-15-1,
				  Open Meetings Act, Section
				  10-15-1
				  NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 1 - GENERAL PROVISIONS › Section 1.8.1.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 2020, unless a later date is cited at the end of a
				  section, in which case the later date is the effective date.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 1 - GENERAL PROVISIONS › Section 1.8.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The rules of Chapter 8 are promulgated to ensure that the
				  state ethics commission is administered so that it works effectively,
				  efficiently and fairly to achieve its constitutional and statutory mission.
				  That mission is to ensure compliance with all applicable public ethics laws by
				  all public officials, employees, candidates, contractors, lobbyists and others
				  subject to the commission's jurisdiction throughout their employment or
				  dealings with New Mexico state government; and to ensure that the public ethics
				  laws are clear, comprehensive and effective. The rules adopted in Chapter 8
				  shall be interpreted and applied to achieve the purposes and objectives for
				  which the commission has been established.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 1 - GENERAL PROVISIONS › Section 1.8.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Administrative complaint"
means an allegation of an actual or
				potential violation of ethics laws in a sworn complaint, as fully described in
				Subsection D of Section
				10-16G-2 NMSA 1978.
B.
"Advisory opinions"
are
				opinions written by the commission responding to questions presented by persons
				authorized under Paragraph 1 of Subsection A of Section
				10-16G-8 NMSA 1978 about how laws
				within the commission's jurisdiction apply to specific fact
				situations.
C.
"Commission"
means the State Ethics Commission.
D.
"Ethics laws"
means Article
				IX, Section 14 of the New Mexico Constitution and the statutes set out in
				Subsection A of Section
				10-16G-9 NMSA 1978.
E.
"Government agency"
means an
				instrumentality of the United States or an agency of a state, county, or
				municipal government.
F.
"Informal complaint"
means an allegation of an actual or potential
				violation of ethics laws from a person, which is not an administrative
				complaint.
G.
"Interagency
				agreement"
means an agreement between the commission and another state
				or federal agency, including memoranda of understanding, joint powers
				agreements, and services agreements.
H.
"Joint powers agreement"
as
				used in this part, has the same meaning as it does in the Joint Powers
				Agreements Act, Section
				1-11-1 NMSA 1978.
I.
"Person"
means any natural
				person or organization that is not a government agency.
J.
"Referral"
means any
				allegation of an actual or potential violation of ethics laws received by the
				Commission or its staff from a government agency that is not an administrative
				complaint.
K. Other words and
				phrases used in this part have the same meaning as found in
				1.8.3.7 NMAC or the State Ethics
				Commission Act, Sections
				10-16G-1 to -16 NMSA
				1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 1 - GENERAL PROVISIONS › Section 1.8.1.8 - DUTIES AND POWERS OF THE DIRECTOR

Current through Register Vol. 35, No. 13, July 16, 2024
Without limiting the duties and powers conferred by statute,
				  the director shall have the power to:
A. review complaints filed with the
				commission for jurisdiction;
B.
				refer complaints over which the commission has jurisdiction to the general
				counsel for investigation and possible filing of a complaint;
C. refer complaints, or parts thereof, to
				other state or federal agencies with jurisdiction over such complaints,
				pursuant to the terms of any joint powers agreements or other interagency
				agreements with any such agency;
D.
				enter into contracts on behalf of the commission, including, with the
				commission's approval, joint powers agreements;
E. with the approval of the commission and at
				the direction of the commission's chair, petition courts for the issuance and
				enforcement of subpoenas in relation to:
(1)
				the general counsel's investigations to determine probable cause in connection
				with a complaint filed with the commission;
(2) the adjudication of complaints filed with
				the commission; and
(3) an
				investigation related to the commission's determination whether to file a civil
				court action to enforce any available civil remedy corresponding to any statute
				or constitutional amendment over which the commission has
				jurisdiction;
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 1 - GENERAL PROVISIONS › Section 1.8.1.9 - ADVISORY OPINIONS AND INFORMAL ADVISORY OPINIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Advisory opinions.
The
				commission may issue advisory opinions on matters related to ethics upon
				request.
(1) A request for an advisory opinion
				must be in writing, and must be submitted by a public official, public
				employee, candidate, person subject to the Campaign Reporting Act, government
				contractor, lobbyist or lobbyist's employer. The request is confidential and
				not subject to the provisions of the Inspection of Public Records
				Act.
(2) Upon receiving a request
				for an advisory opinion, the director or the director's designee:
(a) must provide the requester with a written
				confirmation of receipt; and
(b)
				may ask the requester if the requester would prefer to receive an informal
				advisory opinion.
(3)
				Within sixty days of receiving a request for an advisory opinion, the
				commission must either:
(a) issue an advisory
				opinion;
(b) inform the requester
				that the commission will not be issuing an advisory opinion and provide an
				explanation for the commission's decision; or
(c) inform the requester that the commission
				requires more than sixty days to issue an advisory opinion, and notifies the
				requester about the status of the request every thirty days
				thereafter.
(4) Unless
				amended or revoked, an advisory opinion shall be binding on the commission in
				any subsequent commission proceedings concerning a person who acted in good
				faith and in reasonable reliance on the advisory opinion.
(5) At the request of any commissioner, the
				director or the director's designee shall draft an advisory opinion based on
				any legal determination issued by the director, the general counsel, or a
				hearing officer for the commission to consider for issuance as an advisory
				opinion.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 1 - GENERAL PROVISIONS › Section 1.8.1.10 - INFORMAL COMPLAINTS; ASSESSMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon receipt of an informal complaint or a
				referral, the director shall assess whether the informal complaint alleges a
				violation of the ethics laws and is supported by sufficient evidence for a
				reasonable person to conclude that a violation has occurred.
B. To complete the assessment provided in
				Subsection A of this section, the director may seek information, proactively or
				in response to investigative leads, relating to activities that constitute
				violations of the ethics laws. In making an assessment, the director may seek
				and review information that is available to the public. For example, the
				director may review public social media accounts, make written requests for
				records under the Inspection of Public Records Act, and interview witnesses.
				Assessments may result in:
(1) An
				investigation pursuant to
				1.8.1.11 NMAC;
(2) A request for the Commission's approval
				to commence a civil action pursuant to
				1.8.1.12 NMAC; or
(3) A determination of no further action
				pursuant to
				1.8.1.13 NMAC.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 1 - GENERAL PROVISIONS › Section 1.8.1.11 - INVESTIGATIONS; SUBPOENAS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				director may initiate an investigation if there is an articulable factual basis
				that reasonably indicates that the subject of the investigation has violated or
				in the immediate future will violate the ethics laws and the investigation is a
				reasonable use of Commission resources and personnel. Investigations may result
				in:
(1) a request for the Commission's
				approval to commence a civil action pursuant to
				1.8.1.12 NMAC; or
(2) a determination of no further action
				pursuant to
				1.8.1.13 NMAC.