reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.2.113 - MOTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. General: All
				motions, except those made orally during a hearing, shall be in writing,
				specify the grounds for the motion and state the relief sought. Each motion
				shall be accompanied by an affidavit, certificate or other evidence relied upon
				and shall be served as provided by 20.1.2.112 NMAC.
B. Unopposed motions: An unopposed motion
				shall state that the concurrence of all other parties was obtained. The moving
				party shall submit a proposed order approved by all parties for the hearing
				officer's review.
C. Opposed
				motions: Any opposed motion shall state either that concurrence was sought and
				denied, or why concurrence was not sought. A memorandum brief in support of
				such motion may be filed with the motion.
D. Response to motions: Any party upon whom
				an opposed motion is served shall have fifteen (15) days after service of the
				motion to file a response. A non-moving party failing to file a timely response
				shall be deemed to have waived any objection to the granting of the
				motion.
E. Reply to response: The
				moving party may, but is not required to, submit a reply to any response within
				ten (10) days after service of the response.
F. Decision: All motions shall be decided by
				the hearing officer without a hearing, unless otherwise ordered by the hearing
				officer sua sponte or upon written request of any party. The hearing officer
				shall refer any motion that would effectively dispose of the matter, and may
				refer any other motion to the board for a decision. A procedural motion may be
				ruled upon prior to the expiration of the time for response; any response
				received thereafter shall be treated as a request for reconsideration of the
				ruling. The hearing officer shall file all original documents with the board
				administrator.
G. Recusal: No board
				member shall participate in any action in which his or her impartiality or
				fairness may reasonably be questioned, and the member shall recuse himself or
				herself in any such action by giving notice to the board and the general public
				by announcing this recusal on the record. In making a decision to recuse
				himself or herself, the board member may rely upon the Governmental Conduct
				Act, NMSA 1978, Sections
				10-16A-1
				through
				10-16A-8,
				The Uniform Financial Disclosure Act or any other relevant legal
				authority.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.2.200 - PREHEARING PROCEDURES - INITIATION OF PETITION HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A petition hearing shall be initiated by the filing of a
				  variance petition or an appeal petition. The petitioner shall:
A. sign the petition under oath or
				affirmation and attest to the truth of the information contained therein;
				and
B. file the original and eight
				(8) copies of the petition with the board and serve a copy on the
				department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.2.201 - VARIANCE PETITION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Contents: A variance petition shall comply with Subsection B of 20.2.1.114
				NMAC.
B. Response of the
				department: The department shall review each variance petition and, within
				sixty (60) days after receipt of the petition, file a recommendation with the
				board to grant, grant with conditions or deny the variance request. The
				recommendation shall include reasons and a copy shall be served on the
				petitioner by certified mail and on any other party or interested
				participant.
C. Hearing
				requirement: If the department recommends granting the variance request, or any
				part of the variance request, with or without conditions, the board shall hold
				a hearing on those requests recommended for approval. If the department
				recommends denial of all or part of the variance request, the board shall only
				hold a hearing on the variances recommended for denial if the petitioner files
				a request for hearing within fifteen (15) days after receipt of the
				department's recommendation. If a timely request for hearing is not filed, the
				recommended denial shall become a final action of the board and shall not be
				subject to review.
D. Timing of
				hearing: If a hearing on a variance petition is required, the hearing shall be
				held within ninety (90) days after the later of the filing of a department
				recommendation to grant a variance or the filing of a request for hearing by
				the petitioner, as applicable.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.2.202 - APPEAL PETITION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Timing
				and contents: An appeal petition shall:
(1)
				be filed with the board within thirty (30) days from the date notice is given
				of the permitting action;
(2)
				identify the petitioner, and certify that the petitioner has standing under the
				act to file the petition;
(3)
				identify the permitting action appealed from, specify the portions of the
				permitting action to which petitioner objects and generally state the
				objections; and
(4) attach a copy
				of the permitting action.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.2.203 - NOTICE OF DOCKETING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Docketing notice: The board administrator shall, as soon as practicable after
				receipt of a petition, issue and serve upon the parties, each board member, and
				the board legal counsel a notice of docketing, containing the caption and
				docket number of the case, and the date upon which the petition was received by
				the board administrator. A copy of this part shall be included with a notice of
				docketing sent to a petitioner or applicant.
B. Untimeliness: The board administrator
				shall docket any petition, without regard to whether it appears to be timely;
				but the board or any party may move to dismiss an untimely petition.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.2.204 - SCHEDULING THE HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Hearing
				date: The hearing shall be scheduled to begin no later than sixty (60) days
				after the date an appeal petition was received, or for a variance petition,
				within the sixty (60) day period set forth in Subsection D of 20.1.2.201 NMAC,
				unless a stipulated or unopposed motion is filed requesting that the ninety day
				deadline be waived. The stipulated or unopposed motion must be filed with the
				board, and served as required by this part, at least fifteen (15) days prior to
				the expiration of the sixty (60) day deadline.
B. Scheduling order: Unless the sixty (60)
				day hearing deadline has been waived, the hearing officer shall, no later than
				forty-five (45) days prior to the hearing deadline, issue a scheduling order
				setting the date, time and location of the hearing. The order may include other
				procedural matters. The parties may, jointly or singly, submit to the hearing
				officer, at least fifteen (15) days prior to the deadline for the issuance of
				the scheduling order, a request regarding the date and location of the hearing
				and other procedural matters, such as the assignment of a non-board member
				hearing officer. The hearing officer may consult with the board on procedural
				matters at a board meeting.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.2.205 - PUBLIC NOTICE OF HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Publication: The board administrator shall, upon direction from the board or
				hearing officer, prepare a notice of hearing setting forth the date, time and
				location of the hearing, a brief description of the petition, and information
				on the requirements for entry of appearance and statement of intent to present
				evidence, and:
(1) no later than thirty (30)
				days prior to the hearing date, send copies, with requests for publication, to
				at least one newspaper of general circulation in the state, and to at least one
				additional newspaper published or distributed at least weekly in the county
				where the facility is located;
(2)
				mail a copy to each interested participant who has filed an entry of
				appearance, and to each person who participated in the department's permitting
				proceeding or who has expressed, in writing to the department or the board, an
				interest in the facility or permitting action that is the subject of the
				petition; and
(3) immediately upon
				receipt of an entry of appearance that is received after the initial mailing,
				mail a copy to such interested participant and participant in the department's
				permitting proceeding.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.2.206 - STATEMENT OF INTENT TO PRESENT TECHNICAL EVIDENCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Requirement to file: Any person who wishes
				to present technical evidence at the hearing shall, no later than fifteen (15)
				days prior to the hearing, file a statement of intent.
B. Content: The statement of intent to
				present technical evidence shall include:
(1)
				the name of the person filing the statement;
(2) indication of whether the person filing
				the statement supports or opposes the petition at issue;
(3) the name of each witness;
(4) an estimate of the length of the direct
				testimony of each witness;
(5) a
				list of exhibits, if any, to be offered into evidence at the hearing;
				and
(6) a summary or outline of the
				anticipated direct testimony of each witness.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.2.207 - PARTICIPATION BY PERSONS OTHER THAN PARTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Interested participants: Entry of
				appearance: Any person who wishes to be treated as an interested participant
				and to cross-examine witnesses at the hearing shall file and serve upon all
				parties an entry of appearance at least fifteen (15) days prior to the hearing.
				For purposes of this subsection, a statement of intent to present evidence
				filed under 20.1.2.206 NMAC shall be considered an entry of appearance if the
				person has not previously filed a separate entry of appearance. The entry of
				appearance shall identify the person wishing to be treated as an interested
				participant and any individual who may appear on behalf of that
				person.
B. Participation by the
				general public: Any person who has not timely filed either an entry of
				appearance or a statement of intent to present evidence may present a general
				non-technical statement as follows.
(1) Any
				member of the general public may testify at the hearing. No prior notification
				is required to present general non-technical statements in support of or in
				opposition to the petition. Any such member may also offer exhibits in
				connection with his testimony, so long as the exhibit is non-technical in
				nature and not unduly repetitious of the testimony.
(2) A member of the general public who wishes
				to submit a written statement for the record, in lieu of providing oral
				testimony at the hearing, shall file the written statement prior to or at the
				hearing.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.2.208 - DISCOVERY

Current through Register Vol. 35, No. 13, July 16, 2024
For a ULA hearing, discovery shall be governed by the
				  provisions of the ULA. For other board adjudicatory proceedings, formal
				  discovery is not a right, and therefore, formal discovery is discouraged and
				  shall only be allowed by order of the hearing officer under the following
				  procedures:
A. Grounds for discovery:
				Discovery shall only be permitted upon a determination by the hearing officer
				that:
(1) the type of discovery sought will
				not unreasonably delay the proceeding and is neither unreasonably burdensome
				nor unreasonably expensive; and
(2)
				the information to be obtained is relevant and is not otherwise reasonably
				obtainable, may be lost, or may become unavailable.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.2.300 - HEARING PROCEDURES - HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Location of the hearing: Unless otherwise
				ordered by the board or hearing officer, the hearing shall be in Santa
				Fe.
B. Postponement of hearing: No
				request for postponement of a hearing shall be granted, except upon consent of
				all parties or for good cause shown.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.2.301 - CONDUCT OF HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				hearing officer shall conduct the hearing so as to provide a reasonable
				opportunity for all interested persons to be heard without making the hearing
				unreasonably lengthy or cumbersome or burdening the record with unnecessary
				repetition.
B. The hearing officer
				shall establish the order of testimony, except that the party with the burden
				of persuasion shall present its case first. The hearing officer may allow brief
				opening or closing statements.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.2.302 - BURDEN OF PERSUASION

Current through Register Vol. 35, No. 13, July 16, 2024
In a petition hearing, the petitioner has the burden of going
				  forward with the evidence and of proving by a preponderance of the evidence the
				  facts relied upon to justify the relief sought in the petition. Following the
				  establishment of a prima facie case by the petitioner, any person opposed to
				  the relief sought in the petition has the burden of going forward with any
				  adverse evidence and showing why the relief should not be
				  granted.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.2.303 - EVIDENCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. General: The
				hearing officer shall admit any relevant evidence, unless the hearing officer
				determines that the evidence is unduly repetitious, or otherwise unreliable or
				of little probative value. The department shall formally move into evidence the
				administrative record filed by the department pursuant to Subparagraph (a) of
				Paragraph (3) of Subsection C of 20.1.2.200 NMAC. In a ULA hearing involving
				the suspension or revocation of a license, rules of privilege shall be
				applicable to the same extent as in proceedings before the courts of this
				state.
B. Examination of witnesses:
				Witnesses shall be examined orally, under oath or affirmation, except as
				otherwise provided in this part or by the hearing officer. The board members,
				hearing officer, parties and interested participants shall have the right to
				cross-examine a witness. The hearing officer may limit cross-examination that
				is unduly repetitious, harassing or beyond the scope of the witness' direct
				testimony.
C. Exhibits: All
				exhibits offered in evidence shall be marked with a designation identifying the
				person by whom the exhibit is offered, and numbered serially in the sequence in
				which offered. Large charts and diagrams, models and other bulky exhibits are
				discouraged. Exhibits should be limited to 8 1/2 x 11 inches, or be capable of
				being folded to that size, unless otherwise necessary for adequate presentation
				of evidence. Any person offering an exhibit shall provide at least an original
				and twenty (20) copies for the board and for persons attending the
				hearing.
D. Official notice:
				Official notice may be taken of any matter that may be judicially noticed in
				the New Mexico courts. In a ULA hearing, parties shall be given adequate
				opportunity to show that such facts are erroneously noticed.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.2.304 - OBJECTIONS AND OFFERS OF PROOF

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Objection: Any objection concerning the conduct of the hearing may be stated
				orally or in writing during the hearing. The party raising the objection must
				supply a short statement of its grounds. The ruling by the hearing officer on
				any objection and the reasons given for it shall be part of the
				record.
B. Offer of proof: Whenever
				evidence is excluded from the record, the party offering the evidence may make
				an offer of proof, which shall be included in the record. The offer of proof
				for excluded oral testimony shall consist of a brief statement describing the
				nature of the evidence excluded and what such evidence would have proven. The
				offer of proof for excluded documents or exhibits shall consist of the
				insertion in the record of the documents or exhibits excluded.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.2.400 - POST-HEARING PROCEDURES - FILING THE TRANSCRIPT

Current through Register Vol. 35, No. 13, July 16, 2024
Unless the board orders the hearing to be tape recorded, the
				  hearing shall be transcribed verbatim. Any person, other than the board,
				  desiring a copy of a transcript must order a copy from the court reporter. Any
				  person, other than the board, desiring a copy of hearing tapes must arrange
				  copying with the board administrator at their expense.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.2.401 - PROPOSED FINDINGS AND CONCLUSIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The hearing officer may allow the record to remain open for a
				  reasonable period of time after the conclusion of the hearing to allow any
				  party or interested participant to submit proposed findings of fact and
				  conclusions of law and closing argument. The hearing officer's determination
				  shall be announced at the conclusion of the hearing. All such submissions shall
				  be in writing, shall be served upon all parties, and shall contain adequate
				  references to the record and authorities relied on. No new evidence shall be
				  presented unless specifically allowed by the hearing officer.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.2.402 - RECOMMENDED DECISION

Current through Register Vol. 35, No. 13, July 16, 2024
If the board directs, the hearing officer shall issue a
				  recommended decision within a period established by the board. The recommended
				  decision shall contain the hearing officer's findings of fact; conclusions
				  regarding all material issues of law or discretion, as well as reasons
				  therefor; and a proposed final order. Upon receipt of a recommended decision,
				  the board administrator shall forward a copy to all parties and to the board.
				  At the board's discretion, the board may allow any party or interested
				  participant to file comments regarding the recommended
				  decision.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.2.403 - DELIBERATION AND DECISION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Deliberation: The board shall reach a final decision on each adjudicatory
				matter at a public meeting. If allowed by the Open Meetings Act, Sections
				10-15-1
				NMSA 1978 et seq., the board may deliberate in closed session; however, any
				final action must occur in an open meeting.
(1) If a quorum of the board attended the
				hearing and the hearing notice indicated that the board may act at the
				conclusion of the hearing, the board may immediately deliberate and act on the
				matter.
(2) If the board does not
				reach a decision at the hearing, the board administrator shall, following
				receipt of the transcript, promptly provide copies to board members who did not
				attend the hearing and, if requested, to other board members, board counsel and
				the hearing officer. The board administrator shall also notify all parties and
				interested participants of the availability of the transcript.
(3) In a ULA hearing, the board shall leave
				the record open to receive any advice and recommendation required by the act.
				The board shall reach its decision within the time period established by the
				ULA.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.2.404 - JUDICIAL REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
Judicial review of the final order shall be as provided by
				  law. The filing of an appeal does not stay the final order, unless otherwise
				  ordered by the board or a court.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.2.405 - PREPARATION OF RECORD PROPER

Current through Register Vol. 35, No. 13, July 16, 2024
The preparation of the record proper for an appeal or for any
				  other reason shall be the responsibility of the hearing clerk. The appellant
				  shall make satisfactory arrangements, including copying or transcript costs,
				  with the board administrator.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.2.500 - ALTERNATE RESOLUTION - SUMMARY PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Use of summary procedures: The board may
				dispose of a petition after an expedited hearing if a party requests that the
				merits of the petition be decided solely on legal arguments presented in
				written briefs and oral arguments.
B. Expedited hearing: If the hearing officer
				determines that the request has a likelihood of success and could fairly
				expedite the resolution of the proceeding, the hearing officer may allow the
				parties and interested participants to brief the issue and present oral
				arguments at an expedited hearing, and then present the issue to the board for
				a decision. If an expedited hearing is conducted, the hearing officer shall:
(1) assure that public notice is given in
				accordance with 20.1.2.205 NMAC and include in the public notice instructions
				for persons other than parties who wish to participate in the oral argument to
				submit a statement of intent equivalent to the statement provided in 20.1.2.206
				NMAC; and
(2) allow the public to
				attend the expedited hearing, but may limit presentations at the hearing to
				oral arguments by parties and interested participants on the specific issue
				before the board.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.2.501 - WITHDRAWAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Notice of
				withdrawal: A petitioner may withdraw a petition, or the department may
				withdraw the permitting action which is the subject of the proceeding, at any
				time prior to a decision by the board by filing a notice of withdrawal with the
				board and serving the notice on all other parties and interested participants.
				A party or interested participant may file a written objection to the notice
				within ten (10) days after receipt. If an objection is filed, the board shall
				rule on the notice.
B. Effect of
				withdrawal: An effective notice of withdrawal under this section results in the
				following:
(1) when a petitioner withdraws an
				appeal petition, the permitting action becomes final;
(2) when a petitioner withdraws a variance
				petition, the petitioner is barred from petitioning for the same variance
				without permission from the board; and
(3) when the department withdraws a
				permitting action, the appeal petition is vacated and the agency must issue a
				new permitting action within sixty (60) days, unless either the board approves
				a different time period or the applicant withdraws its application; upon
				issuance of a new permitting action, the right to file a new appeal petition
				under the act is available.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.2.502 - SETTLEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The board encourages the settlement of a proceeding at any
				  time if the settlement is consistent with the provisions and objectives of the
				  act and regulations. The parties may request that the board stay a proceeding
				  under this part while settlement negotiations are being held. The board may
				  approve a settlement that modifies a permitting action only after evidence
				  supporting such modification is presented at a hearing. The department,
				  however, may withdraw and reissue a modified permitting action under
				  20.1.2.501
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.2.600 - APPENDIX A

Current through Register Vol. 35, No. 13, July 16, 2024
[PREFERRED FORMAT]
STATE OF NEW MEXICO
ENVIRONMENTAL IMPROVEMENT BOARD
[A. Petition Hearing]
IN THE MATTER OF THE PETITION FOR
[A VARIANCE FROM _______ ]
[HEARING ON AIR QUALITY PERMIT NO. ___ ]
[Name of Petitioner],
Petitioner
[B. ULA Hearing]
NEW MEXICO ENVIRONMENT DEPARTMENT
v.
[Name of Licensee or Applicant]
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 3 - ADJUDICATORY PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. This part
				governs the following adjudicatory proceedings of the water quality control
				commission:
(1) permit reviews, which include
				proceedings for the appeal from permitting actions pursuant to the Water
				Quality Act, NMSA 1978 Section 74-6-5(O);
(2) abatement plan hearings which include
				proceedings for the appeal of certain abatement plan actions pursuant to
				commission regulation 20.6.2.4114 NMAC;
(3) variance hearings, which include
				proceedings for:
(a) the consideration of
				variance requests pursuant to the Water Quality Act, NMSA 1978 Section
				74-6-4(G), and
(b) the
				consideration of alternative abatement standards pursuant to commission
				regulation, Subsection F of 20.6.2.4103 NMAC;
(4) compliance order hearings, which include
				proceedings for the appeal from compliance orders pursuant to the Water Quality
				Act, NMSA 1978 Section
				74-6-10,
				and the Utility Operators Certification Act, NMSA 1978 Section
				61-33-10;
				and
(5) any other adjudicatory
				proceedings under the jurisdiction of the commission to which the commission
				applies this part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 3 - ADJUDICATORY PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This part is adopted under the authority of the Water Quality
				  Act, NMSA 1978 Sections
				  74-6-4,
				  74-6-5
				  and
				  74-6-10,
				  as amended, and the Utility Operators Certification Act, NMSA 1978 Section
				  61-33-10,
				  as amended.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 3 - ADJUDICATORY PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
10/15/2010, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 3 - ADJUDICATORY PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to establish procedures that
				  govern the adjudicatory proceedings of the water quality control
				  commission.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 3 - ADJUDICATORY PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.3.8 - APPLICABILITY OF RULES OF CIVIL PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
In the absence of a specific provision in this part governing
				  an action, the commission may look to the New Mexico Rules of Civil Procedure,
				  SCRA 1986, 1-001 to 1-102 and the New Mexico Rules of Evidence, SCRA 1986,
				  11-101 to 11-1102 for guidance. Any reference to the Rules of Civil Procedure
				  and the Rules of Evidence shall not be construed to extend or otherwise modify
				  the authority and jurisdiction of the commission under the
				  act.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 3 - ADJUDICATORY PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.3.9 - CONSTRUCTION; SEVERABILITY SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
This part shall be liberally construed to carry out its
				  purpose. If any part or application of this part is held invalid, the remainder
				  of this part , or its application to other persons or situations, shall not be
				  affected.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 3 - ADJUDICATORY PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.3.10 - POWERS AND DUTIES OF THE COMMISSION AND HEARING OFFICER

Current through Register Vol. 35, No. 13, July 16, 2024
A. Commission: The commission shall exercise
				all powers and duties as prescribed under the act, the regulations and this
				part, and not otherwise delegated to a staff member, the hearing officer or the
				hearing clerk.
(1) The commission may issue
				procedural orders that, based on the nature of the proceeding, either impose
				additional procedural duties, such as expanded public notice, or simplify the
				procedures provided in this part, such as foregoing post-hearing submittals or
				holding the hearing before the full commission. In no event may the commission
				eliminate any procedural requirements of the act.
(2) The appointment of a hearing officer does
				not preclude the commissioners from attending or participating in the
				proceeding.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 3 - ADJUDICATORY PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.3.11 - EX PARTE DISCUSSIONS

Current through Register Vol. 35, No. 13, July 16, 2024
At no time after the initiation and before the conclusion of
				  a proceeding under this part shall any person discuss ex parte the merits of
				  the proceeding with any commissioner or the hearing officer. This prohibition
				  does not preclude any constituent agency commissioner from conferring with
				  commission counsel, the commission administrator, or agency employees who are
				  not, and have not been, involved in the matter before the
				  commission.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 3 - ADJUDICATORY PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.3.12 - COMPUTATION AND EXTENSION OF TIME

Current through Register Vol. 35, No. 13, July 16, 2024
A. Computation of time: In computing any
				period of time prescribed or allowed by this part, except as otherwise
				specifically provided, the day of the event from which the designated period
				begins to run shall not be included. The last day of the computed period shall
				be included, unless it is a Saturday, Sunday or legal state holiday, in which
				event the time is extended until the end of the next day which is not a
				Saturday, Sunday or legal state holiday. Whenever a party must act within a
				prescribed period after service upon him, and service is by mail, three days is
				added to the prescribed period. The three day extension does not apply to any
				deadline under the act.
B.
				Extension of time: The commission or hearing officer may grant an extension of
				time for the filing of any document upon timely motion of a party to the
				proceeding, for good cause shown, and after consideration of prejudice to other
				parties.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 3 - ADJUDICATORY PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.3.13 - DOCUMENTS: FILING, SERVICE, FORM AND EXAMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. As used in this section, "document" means
				any pleading, motion, response, memorandum, decision, order or other written
				material filed in a proceeding under this part, but does not include a cover
				letter accompanying a document transmitted for filing.
B. Filing of documents:
(1) Except as otherwise provided, the
				originals of all documents served in the proceeding shall be filed with the
				hearing clerk.
(2) Except as
				otherwise provided, a party filing documents shall serve copies thereof upon
				all other parties. A certificate of service, as shown in appendix A, shall
				accompany each filed document.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 3 - ADJUDICATORY PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.3.14 - NOTICE OF DOCKETING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Docketing notice: The hearing clerk shall, as soon as practicable after
				initiation of a proceeding under this part, issue and serve upon the parties
				and each commissioner a notice of docketing, containing the caption and docket
				number of the case, and the date upon which the petition or request for
				compliance order hearing was received by the hearing clerk. A copy of this part
				shall be included with a notice of docketing sent to a petitioner, applicant or
				respondent.
B. Untimeliness: The
				hearing clerk shall docket any petition or request for compliance order
				hearing, without regard to whether it appears to be timely; but the commission
				or any party may move to dismiss an untimely petition or request for compliance
				order hearing.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 3 - ADJUDICATORY PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.3.15 - MOTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. General: All
				motions, except those made orally during a hearing, shall be in writing,
				specify the grounds for the motion, state the relief sought and state whether
				it is opposed or unopposed. Each motion shall be accompanied by an affidavit,
				certificate or other evidence relied upon and shall be served as provided by
				20.1.3.13 NMAC.
B. Unopposed
				motions: An unopposed motion shall state that the concurrence of all other
				parties was obtained. The moving party shall submit a proposed order approved
				by all parties for the hearing officer's review.
C. Opposed motions: Any opposed motion shall
				state either that concurrence was sought and denied, or why concurrence was not
				sought. A memorandum brief in support of such motion may be filed with the
				motion.
D. Response to motions: Any
				party upon whom an opposed motion is served shall have (15) days after service
				of the motion to file a response. A non-moving party failing to file a timely
				response shall be deemed to have waived any objection to the granting of the
				motion.
E. Reply to response: The
				moving party may, but is not required to, submit a reply to any response within
				10 days after service of the response.
F. Decision: All motions shall be decided by
				the hearing officer without a hearing, unless otherwise ordered by the hearing
				officer. The hearing officer shall refer any motion that would effectively
				dispose of the matter and may refer any other motion to the commission for a
				decision. A procedural motion may be ruled upon prior to the expiration of the
				time for response; any response received thereafter shall be treated as a
				request for reconsideration of the ruling.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 3 - ADJUDICATORY PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.3.16 - PERMIT REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
A. Initiation
				and conduct of permit review: A permit review shall be initiated by the filing
				of a permit review petition under Paragraph (1) of Subsection A of 20.1.3.16
				NMAC.
(1) Timing and contents: A permit
				review petition shall:
(a) be filed with the
				commission within 30 days from the date notice is received of the permitting
				action;
(b) identify the
				petitioner, and state that the petitioner has standing under NMSA 1978 Section
				74-6-5(O) or 20.6.2.3112 NMAC to file the petition;
(c) identify the permitting action to be
				reviewed;
(d) specify the portions
				of the permitting action to which petitioner objects;
(e) include a statement of the issues to be
				raised and the relief sought;
(f)
				have a copy of the permitting action attached;
(g) be signed under oath or affirmation and
				attest to the truth of the information contained therein; and
(h) be filed with the commission and a copy
				served on the department, the applicant or permittee, if the petitioner is not
				the applicant or permittee, and on any person who submitted evidence, data,
				views or arguments in the proceeding before the constituent agency.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 3 - ADJUDICATORY PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.3.17 - ABATEMENT PLAN HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Initiation of abatement plan hearing: An appeal hearing shall be initiated by
				the filing of an abatement plan petition under Paragraph (1) of Subsection A of
				20.1.3.17 NMAC.
(1) Timing and contents: an
				abatement plan petition shall:
(a) be filed
				with the commission within 30 days from the date notice is received of the
				abatement plan action;
(b) identify
				the petitioner, and state that the petitioner has standing under 20.6.2.4114
				NMAC to file the petition;
(c)
				identify the abatement plan action being appealed, specify the portions of the
				abatement plan action to which petitioner objects and generally state the
				objections;
(d) have a copy of the
				abatement plan action attached;
(e)
				be signed under oath or affirmation and attest to the truth of the information
				contained therein; and
(f) be filed
				with the commission and a copy served on the department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 3 - ADJUDICATORY PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.3.18 - VARIANCE HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Initiation of variance hearing:
(1) Variance
				hearing shall be initiated by the filing of a variance petition. A copy of the
				petition shall be served on the department.
(2) Contents: A variance petition shall
				comply with Subsection A of 20.6.2.1210 NMAC or Subsection F of 20.6.2.4103
				NMAC, as applicable.
(3) Response
				of the department: The department shall review each variance petition and,
				within 60 days after receipt of the petition, file a recommendation with the
				commission to grant, grant with conditions, or deny the variance request. The
				recommendation shall include reasons and a copy shall be served on the
				petitioner by certified mail and on any other party.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 3 - ADJUDICATORY PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.3.19 - COMPLIANCE ORDER HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Initiation of compliance order hearing:
(1)
				Filing of request: A compliance order hearing shall be initiated by the filing
				of a request for compliance order hearing within 30 days after the compliance
				order is served. The respondent shall file the original of the request for
				compliance order hearing with the commission and serve a copy on the
				department.
(2) Request for
				compliance order hearing: The request for compliance order hearing shall also
				serve as an answer to the compliance order and shall:
(a) clearly and directly admit or deny each
				of the factual assertions contained in the compliance order; but where the
				respondent has no knowledge of a particular factual assertion and so states,
				the assertion may be denied on that basis; any allegation of the compliance
				order not specifically denied shall be deemed admitted;
(b) indicate any affirmative defenses upon
				which the respondent intends to rely; affirmative defenses not asserted in the
				request for compliance order hearing, except a defense asserting lack of
				subject matter jurisdiction, shall be deemed waived;
(c) be signed by a person authorized to do
				so; and
(d) attach a copy of the
				compliance order.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 3 - ADJUDICATORY PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.3.20 - GENERAL HEARING PROCEDURES FOR ABATEMENT PLAN, VARIANCE AND COMPLIANCE ORDER HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Hearing:
(1) Location of the hearing: Unless
				otherwise ordered by the commission or hearing officer, the hearing shall be in
				Santa Fe.
(2) Postponement of
				hearing: No request for postponement of a hearing shall be granted except upon
				consent of all parties or for good cause shown.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 3 - ADJUDICATORY PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.3.21 - POST-HEARING PROCEDURES FOR ABATEMENT PLAN, VARIANCE AND COMPLIANCE ORDER HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Filing
				the transcript: If post-hearing submittals are allowed, the hearing clerk
				shall, promptly following receipt of the transcript, transmit a copy to the
				hearing officer, and notify all parties of its availability. Any person, other
				than the commission, desiring a copy of a transcript may order a copy from the
				court reporter.
B. Proposed
				findings and conclusions: Unless otherwise ordered by the commission, within 30
				days after conclusion of the hearing, or within such time as may be fixed by
				the hearing officer, any party may submit proposed findings of fact and
				conclusions of law and closing argument. All such submissions shall be in
				writing, shall be served upon all parties, and shall contain adequate
				references to the record and authorities relied on. No new evidence shall be
				presented unless specifically allowed by the hearing officer.
C. Recommended decision:
(1) Filing and contents: Unless otherwise
				ordered by the commission, the hearing officer shall issue a recommended
				decision within 30 days after the deadline for filing of proposed findings and
				conclusions under Subsection B of 20.1.3.21 NMAC. The recommended decision
				shall contain the hearing officer's:
(a)
				findings of fact;
(b) conclusions
				regarding all material issues of law or discretion, as well as reasons
				therefor;
(c) a proposed final
				order; and
(d) for compliance order
				hearings, if the hearing officer determines that a violation has occurred, the
				hearing officer shall review the proposed civil penalty to determine if the
				department acted within its discretion in setting the penalty amount; if the
				hearing officer decides to recommend a penalty different in amount or nature
				from the department's proposed penalty, the hearing officer shall set forth the
				reasons for the change.