reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 12 - FINANCIAL ASSURANCE REQUIREMENTS › Section 19.10.12.1202 - AREA TO BE COVERED BY FINANCIAL ASSURANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The permittee or applicant shall file,
				with the approval of the director, financial assurance under one of the
				following schemes to cover the reclamation or closeout plan costs as determined
				in accordance with 19.10.12.1205 NMAC:
(1)
				financial assurance for the approved reclamation plan or closeout plan for the
				entire permit area; or
(2)
				financial assurance may be provided and approved to guarantee specific
				increments of reclamation within the permit area provided the sum of
				incremental financial assurance equals or exceeds the total amount required
				under 19.10.12.1205 NMAC and 19.10.12.1206 NMAC. The area to be reclaimed and
				the amount of financial assurance required for each increment shall be
				specified in detail, and the permittee shall comply with the following:
(a) An incremental financial assurance
				schedule and the financial assurance required for full reclamation of the first
				increment in the schedule shall be provided.
(b) Before mining, exploration or reclamation
				operations on succeeding increments are initiated and conducted within the
				permit area, the permittee shall file with the director additional financial
				assurance to cover such increments in accordance with 19.10.12 NMAC.
(c) The permittee or applicant shall identify
				the initial and successive areas or increments on a map submitted with the
				permit application and shall specify the financial assurance amount to be
				provided for each area or increment.
(d) Identified increments shall be of
				sufficient size and configuration to provide for efficient reclamation
				operations should reclamation by the director become necessary pursuant to
				19.10.12.1211 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 12 - FINANCIAL ASSURANCE REQUIREMENTS › Section 19.10.12.1203 - FORM OF FINANCIAL ASSURANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The director may accept the following forms of financial assurance:
(1) cash;
(2) trusts;
(3) surety bonds;
(4) letters of credit;
(5) collateral bonds;
(6) third party guarantees;
(7) insurance; or
(8) a combination of any of the
				above.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 12 - FINANCIAL ASSURANCE REQUIREMENTS › Section 19.10.12.1204 - PERIOD OF LIABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				permittee shall maintain the financial assurance in effect, except as reduced
				pursuant to 19.10.12 NMAC, until such time as the director releases the
				financial assurance pursuant to 19.10.12.1210 NMAC. For areas to be
				revegetated, the director shall retain the amount of financial assurance
				necessary for a third party to re-establish vegetation for a period of 12 years
				after the last year of augmented seeding, fertilizing, or irrigation, unless a
				post-mining land use is approved by the director that does not require
				revegetation. Interseeding to establish diversity shall not be considered
				augmented seeding. Interseeding may not be performed within the last three
				years of the liability period.
B.
				For new mining operations only, no part of the financial assurance necessary
				for a third party to re-establish vegetation shall be released so long as the
				lands to which the release would be applicable are contributing suspended
				solids above background levels to streamflow of intermittent or perennial
				streams.
C. Isolated and clearly
				defined portions of the disturbed area not qualifying for financial assurance
				release may be separated from the original area and assured separately with the
				approval of the director. Access to the separated areas for remedial work may
				be included in the area under extended liability if deemed necessary by the
				director.
D. For exploration
				permits, financial assurance may be released after the permittee has submitted
				a termination report that meets the requirements of 19.10.4.407 NMAC and the
				director has determined, after inspection, that the reclamation requirements of
				19.10.3 NMAC and 19.10.4 NMAC, as applicable, and the permit have been
				satisfied.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 12 - FINANCIAL ASSURANCE REQUIREMENTS › Section 19.10.12.1205 - DETERMINATION OF FINANCIAL ASSURANCE AMOUNT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The amount of the financial assurance
				shall be determined by the director and take into account, but not be limited
				to, the estimated cost submitted by the permittee or the applicant. This
				estimated cost should include at a minimum the following costs: contract
				administration; mobilization; demobilization; engineering redesign; profit and
				overhead; procurement costs; reclamation or closeout plan management; and
				contingencies. Credit for salvage value of building materials or abandoned
				equipment and supplies shall not be allowed. Equipment normally available to a
				third party contractor should be used in determining the estimated cost;
(1) reflect the probable difficulty of
				reclamation or closure, giving consideration to such factors as topography,
				geology, hydrology, revegetation potential and approved post-mining land
				use;
(2) depend on the requirements
				of the approved permit;
(3) not
				duplicate any federal or state financial requirements for the same area so long
				as those entities' financial assurance requirements are at least as stringent
				as this part; and
(4) not be less
				comprehensive than the federal requirements, if any.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 12 - FINANCIAL ASSURANCE REQUIREMENTS › Section 19.10.12.1206 - ADJUSTMENT OF AMOUNT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				amount of the financial assurance required and the terms of its acceptance
				shall be adjusted by the director from time-to-time as the area requiring
				financial assurance is increased or decreased or when the future reclamation or
				closeout costs change. The director may specify periodic times or set a
				schedule for re-evaluating and adjusting the financial assurance
				amount.
B. The director shall:
(1) notify the permittee, the surety, any
				person with a property interest in collateral who has requested notification
				under Subsection C, Paragraph 4 of 19.10.12.1208 NMAC and any person who has
				requested notification of actions concerning the mining operation, of any
				proposed adjustment to the financial assurance amount; and
(2) provide the permittee an opportunity for
				an informal conference on the adjustment.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 12 - FINANCIAL ASSURANCE REQUIREMENTS › Section 19.10.12.1207 - GENERAL TERMS AND CONDITIONS OF FINANCIAL ASSURANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The financial assurance shall be in an
				amount determined by the director as provided in 19.10.12.1205 NMAC.
B. The financial assurance shall be payable
				to the state of New Mexico.
C. The
				financial assurance shall be conditioned upon performance of all the
				requirements of the act, 19.10 NMAC, and the approved permit, including
				completion of the reclamation or closeout plan.
D. The duration of the financial assurance
				shall be for the time period provided in 19.10.12.1204 NMAC.
E. Failure of Financial Providers
(1) The financial assurance shall provide a
				mechanism for a bank or surety company or guarantor to give prompt notice to
				the director by certified mail and the permittee of any administrative or
				judicial action filed or initiated alleging the insolvency or bankruptcy of the
				surety company, the bank, or the permittee, or alleging any violations which
				would result in suspension or revocation of the surety or bank charter or
				license to do business.
(2) Upon
				the incapacity of a bank or surety company or guarantor by reason of
				bankruptcy, insolvency, suspension or revocation of charter or license or for
				any other reason, the permittee shall be deemed to be without financial
				assurance coverage and shall promptly notify the director in writing. Upon
				notification, the director shall specify to the permittee in writing a
				reasonable period, not to exceed 90 days, to replace the financial assurance
				coverage. If adequate financial assurance is not provided by the end of the
				period allowed, the permittee shall cease mining and shall immediately begin to
				conduct reclamation or closeout measures in accordance with the reclamation or
				closeout plan. The director may, for good cause shown, grant up to two 30-day
				extensions. Mining operations shall not resume until the director has
				determined that an acceptable replacement financial assurance has been
				provided.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 12 - FINANCIAL ASSURANCE REQUIREMENTS › Section 19.10.12.1208 - FINANCIAL ASSURANCE MECHANISMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Surety Bonds
(1) A surety bond shall be executed by the
				applicant or the permittee and a corporate surety licensed to do business in
				the state of New Mexico.
(2) Surety
				bonds shall be noncancellable during their terms, except that surety bond
				coverage for lands not disturbed may be cancelled with the prior written
				consent of the director. The director shall advise the surety, within 30 days
				after receipt of a notice to cancel bond, whether the bond may be cancelled on
				an undisturbed area.
(3) Surety
				bond terms shall be established for a minimum of five years. One hundred and
				twenty (120) days prior to the expiration of the term, the operator must
				provide the director with evidence that the current surety bond will be
				continued, another surety company is to provide a financial assurance, or
				another form of financial assurance will replace the surety bond. Upon
				receiving notification, the director shall respond to the permittee within 30
				days, in writing, indicating whether or not the proposed form and amount of
				financial assurance will be acceptable. If adequate financial assurance is not
				provided 30 days prior to the expiration of the term of the original surety
				bond, the permittee shall cease operations and shall forfeit the existing
				surety bond. Mining operations shall not resume until the director has
				determined that an acceptable replacement financial assurance has been
				provided. If an acceptable financial assurance is provided within a time frame
				specified by the director, not to exceed 180 days, the forfeited funds, less
				any costs associated with the forfeiture, will be refunded to the surety
				company. If adequate financial assurance is not provided within the specified
				time frame, the director will authorize reclamation of the mining operation
				using the forfeited funds.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 12 - FINANCIAL ASSURANCE REQUIREMENTS › Section 19.10.12.1209 - REPLACEMENT OF FINANCIAL ASSURANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The director may allow a permittee to
				replace existing financial assurance with other approved financial assurance
				mechanisms that provide equivalent coverage.
B. The director shall not release existing
				financial assurance until the permittee has submitted, and the director has
				approved, acceptable replacement financial assurance. Replacement of financial
				assurance pursuant to 19.10.12.1209 NMAC shall not constitute a release of the
				financial assurance under 19.10.12.1210 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 12 - FINANCIAL ASSURANCE REQUIREMENTS › Section 19.10.12.1210 - RELEASE OF FINANCIAL ASSURANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Release Application.
(1) The permittee may file an application
				with the director for the release of all or part of the financial assurance.
				The permittee may file applications per year for each permit.
(2) The application shall describe the
				reclamation or closeout measures completed and shall contain an estimate of the
				cost of reclamation that has not been completed.
(3) At the time the release application is
				fled with the director, the permittee shall submit proof that the notice of
				application has been provided in accordance with 19.10.9.902 NMAC and
				19.10.9.903 NMAC. The notice shall be considered part of any release
				application and shall contain: the permittee's name; permit number and approval
				date; notification of the precise location of the real property affected; the
				number of acres; the type and amount of the financial assurance fled and the
				portion sought to be released; the type and appropriate dates of reclamation or
				closeout plan performed; a description of the results achieved as they relate
				to the permittee's approved reclamation or closeout plan; and the name and
				address of the director, to whom written comments, objections, or requests for
				public hearings on the specific financial assurance release may be submitted
				pursuant to Subsection C of 19.10.12.1210 NMAC.
(4) The director shall promptly provide
				notice of receipt of the application for release of all or part of the
				financial assurance to the environment department, the office of the state
				engineer, the department of game and fish, the forestry division, the state
				historic preservation division, other agencies he deems appropriate, and if the
				operation is on state or federal land, to the appropriate state or federal land
				management agency.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 12 - FINANCIAL ASSURANCE REQUIREMENTS › Section 19.10.12.1211 - FORFEITURE OF FINANCIAL ASSURANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. If a permittee refuses or is unable to
				conduct or complete the reclamation or closeout plan, if the terms of the
				permit are not met, or if the permittee defaults on the conditions under which
				the financial assurance was accepted, the director shall take the following
				action to forfeit all or part of the financial assurance for the permit area or
				an increment of the permit area:
(1) Send
				written notification by certified mail, return receipt requested, to the
				permittee and the surety, if any, informing them of the determination to
				forfeit all or part of the financial assurance, including the reasons for the
				forfeiture and the amount to be forfeited. The amount shall be based on the
				estimated total cost of achieving reclamation or closeout.
(2) Advise the permittee and surety, if
				applicable, of the conditions under which forfeiture may be avoided. Such
				conditions may include, but are not limited to:
(a) An agreement by the permittee or another
				party to perform reclamation or closeout operations in accordance with the
				conditions of the permit, the reclamation or closeout plan, the act and 19.10
				NMAC and a demonstration that such a party has the ability to satisfy the
				conditions; or
(b) The director may
				allow a surety to complete the reclamation or closeout plan, or the portion of
				the reclamation or closeout plan applicable to the financial assurance phase or
				increment, if the surety can demonstrate an ability to complete the reclamation
				or closeout plan in accordance with the approved reclamation or closeout plan.
				Except where the director approves partial release authorized under
				19.10.12.1210 NMAC, no surety liability shall be released until successful
				completion of all reclamation or closeout under the terms of the permit,
				including applicable liability periods of 19.10.12.1204 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 13 - PROCESS OF REVIEW OF MINING AND RECLAMATION PRACTICES › Section 19.10.13.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons subject to the New Mexico Mining Act NMSA 1978,
				  Section
				  69-36-1
				  et. seq.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 13 - PROCESS OF REVIEW OF MINING AND RECLAMATION PRACTICES › Section 19.10.13.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Section
				  69-36-1
				  et. seq.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 13 - PROCESS OF REVIEW OF MINING AND RECLAMATION PRACTICES › Section 19.10.13.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 15, 1996, unless a later date is cited at the end of
				  a section.
A. All references to the
				Mining Act Parts 1-13 in any other rule shall be understood as a reference to
				19.10 NMAC.
B. The amendment and
				replacement of The Mining Act Parts 1-13 shall not affect any administrative or
				judicial enforcement action pending on the effective date of this amendment nor
				the validity of any permit issued pursuant to the Mining Act Parts
				1-13.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 13 - PROCESS OF REVIEW OF MINING AND RECLAMATION PRACTICES › Section 19.10.13.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Parts 1-14 of 19.10 NMAC is to establish
				  regulations to implement the New Mexico Mining Act as directed in NMSA
				  69-36-7 A.
				  These regulations are designed to ensure proper reclamation through permitting
				  for operations subject to the Mining Act, in accordance with provisions and
				  standards outlined in the Mining Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 13 - PROCESS OF REVIEW OF MINING AND RECLAMATION PRACTICES › Section 19.10.13.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
[Definitions for this Part can be found in
				  19.10.1.7
				  NMAC.]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 13 - PROCESS OF REVIEW OF MINING AND RECLAMATION PRACTICES › Section 19.10.13.1301 - ANNUAL REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
The Division shall prepare a report of mining and reclamation
				  practices in New Mexico to be presented to the Commission annually at a public
				  meeting with opportunity for public comment.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 13 - PROCESS OF REVIEW OF MINING AND RECLAMATION PRACTICES › Section 19.10.13.1302 - CONTENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The report shall contain:
A. a general description of mining operations
				and reclamation practices in the state including production figures for the
				state;
B. proposed amendments to
				19.10 NMAC, if any, to provide for the protection of the environment and to
				consider the economic effects of 19.10 NMAC; and
C. any other information the Director
				considers necessary to be presented to the Commission pertinent to 19.10 NMAC
				or the Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 13 - PROCESS OF REVIEW OF MINING AND RECLAMATION PRACTICES › Section 19.10.13.1303 - COORDINATION AMONG AGENCIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Avoidance of duplicative and conflicting requirements will be accomplished
				through coordinated procedures that address the following:
(1) Avoid imposing requirements which are
				duplicative of or which conflict with any other applicable state or federal
				law, regulation or standard.
(2)
				Enforcement of other statutes or regulations to be conducted by the agency
				charged with that responsibility under the applicable state or federal statute
				or regulation.
(3) Information
				provided to other agencies may be provided to the Director to partially or
				completely meet these requirements.
(4) Financial assurance required under the
				Act shall not duplicate nor be less comprehensive than federal or state
				financial requirements.
(5)
				Maintain a location or locations for maps and other information to assist in
				the determination of whether lands are not subject to minimal impact
				exploration and mining.
(6)
				Coordination of inspections with other regulatory agencies.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons subject to the New Mexico Mining Act NMSA 1978,
				  Section
				  69-36-1
				  et. seq.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Section
				  69-36-1
				  et. seq.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 30, 1999, unless a later date is cited at the end of a
				  section.
A. All references to the
				Mining Act Parts 1-14 in any other rule shall be understood as a reference to
				19.10 NMAC.
B. The amendment and
				replacement of The Mining Act Parts 1-14 shall not affect any administrative or
				judicial enforcement action pending on the effective date of this amendment nor
				the validity of any permit issued pursuant to the Mining Act Parts
				1-14.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Parts 1-14 of 19.10 NMAC is to establish
				  regulations to implement the New Mexico Mining Act as directed in NMSA
				  69-36-7 A.
				  These regulations are designed to ensure proper reclamation through permitting
				  for operations subject to the Mining Act, in accordance with provisions and
				  standards outlined in the Mining Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.7 - DEFINITIONS FOR 19.10.14 NMAC

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				"Applicant" means the person whose application for a permit or variance or
				revision to a permit is the subject of the permitting action to which a
				petition applies.
B. "Date of
				notice" means the date on which the Director initiates service of the notice of
				a decision by mail or other means. For example, the date of notice of final
				permitting decisions authorizing new activities shall be the date on which the
				Director mails notice to participants in the permitting proceeding and others
				who requested notice.
C. "Document"
				means, except as used in 19.10.14.1423 NMAC, any motion, response, memorandum,
				decision, order, comment, other pleading or evidence filed in a proceeding
				under 19.10.14 NMAC.
D. "Final
				action" means a written order issued by the Commission that contains findings
				of fact and the final decision of the Commission.
E. "Hearing Clerk" means the person
				designated to maintain the official record of the proceeding.
F. "Hearing Officer" means the person
				designated under 19.10.14 NMAC or appointed by the Commission to conduct a
				proceeding under 19.10.14 NMAC.
G.
				"Interested participant" means any person, other than a party, who files a
				statement of intent to present evidence pursuant to Subsection D of
				19.10.14.1434 NMAC.
H. "New
				activities" means a new mining operation, a new unit of an existing mining
				operation or a unit expansion that exceeds the design limits specified in a
				permit for an existing mining operation.
I. "Party" means, the Petitioner, the
				Applicant, if different from the Petitioner, the Division, or any person who
				has been permitted to intervene in the particular hearing pursuant to Section
				19.10.14.1424 NMAC.
J. "Petition"
				means a petition for review of an order, penalty assessment or issuance or
				denial of a permit by the Director pursuant to NMSA 1978, Section
				69-36-15(1993).
K. "Petitioner"
				means any person who files a timely petition.
L. "Record" depending on the context, means
				all documents filed by or with the Hearing Clerk during a proceeding before the
				Commission and includes: the audio or stenographic recording of the hearing and
				all exhibits admitted into evidence at the hearing, or otherwise made a part of
				the record by the Commission; and the minutes, or an appropriate extract of
				minutes, of any Commission meeting where the Commission deliberated or acted on
				any procedural or substantive issue in the proceeding or the Hearing Record for
				decisions by the Director as described in 19.10.9.906 NMAC.
[Additional Definitions for this Part can be found in
				  19.10.1.7 NMAC.]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.1401 - 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 or the
				  Act governing an action, the Commission may look to the New Mexico Rules of
				  Civil Procedure, Rules 1-001 to 1-102, NMRA 1998, and the New Mexico Rules of
				  Evidence, Rules 11-101 to 11-1102, NMRA 1998, for guidance.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.1402 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any portion or application of 19.10.14 NMAC 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 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.1403 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
This Part does not apply to petitions before the Commission
				  filed prior to the effective date of this Part, except as agreed to by the
				  parties to such proceedings.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.1405 - EFFECTIVE DATES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except as
				otherwise provided in the Director's decision or in these rules, the effective
				date of a Director's decision shall be the date of notice.
B. The effective date of final permitting
				decisions authorizing new activities shall be no sooner than the sixteenth day
				after the date of notice, but the Director may, in the decision itself, provide
				for an effective date up to 30 days after the date of notice upon finding good
				cause.
C. Upon finding good cause,
				the Director may, in any other decision, provide for a delayed effective date
				up to 90 days after the date of notice.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.1406 - REQUESTS FOR STAY OF NEW ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A person who is or may be adversely
				affected by a decision authorizing new activities may file with the Commission
				a request to stay the new activities no later than 15 days after the date of
				notice.
B. Upon the timely filing
				of a request to stay new activities, the effective date of the Director's
				decision shall be delayed until the Commission concludes an expedited hearing
				as provided in Subsection G of 19.10.14.1406 NMAC.
C. A request to stay new activities shall
				include, at a minimum:
(1) a petition
				initiating an appeal to the Commission, which petition may include a waiver of
				the hearing deadlines applicable to hearings on the merits, and;
(2) a statement of the basis for the request
				and showings to be made at the expedited hearing, including:
(a) the irreparable harm to the person
				requesting the stay if the stay is not granted,
(b) the likelihood that the person requesting
				the stay will prevail in the appeal on the merits,
(c) the lack of substantial harm to others if
				the stay is granted, and
(d) the
				lack of harm to the public interest if the stay is granted.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.1407 - OTHER REQUESTS FOR STAY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Any request for stay other than requests to stay new activities shall be filed
				with the Commission at or after the time of filing a petition. The request for
				stay must be served on all other parties and must meet the requirements of
				Subsection C, Paragraph 2 of 19.10.14.1406 NMAC.
B. Any other party shall have 10 days after
				service to file a response. The party filing the request for stay may submit a
				reply to any response within 5 days of service of the response.
C. The Commission may grant a request to stay
				under this Section only if, after a hearing, it makes the findings required
				under Subsection G, Paragraph 3 of 19.10.14.1406 NMAC.
D. Any party opposing a request for stay
				under this Section may request that financial assurance be provided if the stay
				is granted. If a stay is granted, the Commission shall determine whether the
				financial assurance is to be provided and set the other terms for it, including
				the form and amount of the financial assurance and the conditions for
				forfeiture or release of the financial assurance. In the event the appeal is
				ultimately denied by the Commission, the Commission's final action shall
				include a determination of what portion of any financial assurance that was
				provided shall be paid over to the party who requested that financial assurance
				be provided, and shall state what portion, if any, is to be released back to
				the provider of the financial assurance.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.1408 - POWERS AND DUTIES OF THE COMMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
The Commission shall exercise all powers and duties as
				  prescribed under the Act, the Regulations and this Part and not otherwise
				  delegated to the Hearing Officer or the Hearing Clerk.
A. The Commission may issue procedural orders
				that either impose additional procedural duties or simplify the procedures
				provided in this Part. The Commission shall not eliminate any procedural
				requirements of the Act or regulations.
B. The Commission may appoint one or more of
				its members as Hearing Officers to perform the functions described in
				19.10.14.1407 NMAC. From the date a petition is received by the Commission, the
				chairperson of the Commission shall serve as Hearing Officer until the
				Commission appoints another hearing officer.
C. No Commissioner with any financial
				interest affected or potentially affected by the outcome of an adjudicatory
				proceeding may serve as a Hearing Officer in that proceeding or otherwise
				participate in the proceeding.
D.
				The evidentiary hearings conducted under this Part shall take place at meetings
				of the Commission, unless the Commission specifically delegates, for good
				cause, the taking of evidence by the Hearing Officer.
E. The Commission may adopt, modify or set
				aside the Director's actions and can remand the matter to the Director for
				further action.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.1409 - POWERS AND DUTIES OF THE HEARING OFFICER

Current through Register Vol. 35, No. 13, July 16, 2024
The Hearing Officer shall exercise all powers and duties
				  prescribed or delegated by the Commission under the Act or this Part,
				  including, but not limited to:
A.
				Preside over the hearings under this Part;
B. Rule on motions and procedural requests
				that do not seek final resolution of the proceeding and issue all necessary
				orders;
C. Issue subpoenas, as
				authorized by the Act, for the attendance and testimony of witnesses and the
				production of documentary evidence;
D. Administer oaths and affirmations, examine
				witnesses, and admit or exclude evidence;
E. Require parties to attend conferences for
				the settlement or simplification of issues or proceedings;
F. Enter pre-hearing orders related to
				scheduling and other procedural issues; and
G. Impose sanctions, subject to review by the
				Commission, on parties who cause undue delay and fail to cooperate in the
				proceeding.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.1410 - COMPUTATION AND EXTENSION OF TIME

Current through Register Vol. 35, No. 13, July 16, 2024
A. 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, 3 days is added to the prescribed period. The three-day
				extension does not apply to any deadline under the Act or in Sections
				19.10.14.1405 NMAC, 19.10.14.1406 NMAC or 19.10.14.1407 NMAC.
B. The Commission or Hearing Officer may
				grant an extension of time for the filing of any document or the hearing upon
				consent of all the parties or upon timely motion of a party to the proceeding,
				if good cause is shown, and no prejudice will result to other
				parties.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.1411 - DISCUSSION OF ISSUES WITH COMMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
At no time after the filing of a petition and before the
				  conclusion of a proceeding shall any party, interested participant or their
				  representatives discuss the issues involved in the proceeding with any
				  Commissioner when all other parties to the proceeding are not present. This
				  prohibition does not preclude any constituent agency Commissioner from
				  conferring with agency employees who are not, and have not been, involved in
				  the matter before the Commission.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.1412 - FILING, SERVICE, AND FORM OF DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The originals of all documents served in
				the proceeding shall be filed with the Hearing Clerk designated by the
				Director. Filing is complete when received by the Hearing Clerk or some other
				Division employee in his place. Filing may be completed between 8 a.m. and 5
				p.m. on state work days. Additionally, a party filing a document must provide
				12 copies of the document at the time of filing to the Hearing Clerk to
				distribute to the Commission and its counsel.
B. A party filing documents shall serve
				copies of the documents upon all other parties. A certificate of service, as
				shown in Attachment A, shall accompany each filed document.
C. All documents may be served by
				hand-delivery, facsimile transmission or first class mail. If facsimile
				transmission is used, the sending party must telephone and confirm receipt in
				order to complete service. If the parties agree, then service by electronic
				mail may also be used. Service by mail is not allowed within 10 days of the
				hearing.
D. All documents, except
				exhibits, shall be prepared on 81/2 x11-inch white paper, and where
				appropriate, the first page of every document shall contain the heading and
				caption illustrated in Attachment A.
E. The Hearing Clerk shall provide a docket
				number for the proceeding and maintain a file of documents submitted in the
				proceeding and a listing identifying those documents and their date of
				submittal.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.1413 - FILING AND SERVICE OF DOCUMENTS ISSUED BY COMMISSION OR HEARING OFFICER

Current through Register Vol. 35, No. 13, July 16, 2024
All documents issued by the Commission or Hearing Officer
				  shall be filed with the Hearing Clerk. The Hearing Clerk shall promptly serve
				  copies of the documents upon all parties.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.1414 - EXAMINATION OF DOCUMENTS FILED

Current through Register Vol. 35, No. 13, July 16, 2024
Any person may, during normal business hours, inspect and
				  copy any document filed in any proceeding, except confidential documents. Such
				  documents shall be made available by the Hearing Clerk. The person seeking
				  copies of any documents shall pay the cost of copying the
				  documents.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.1417 - FILING OF PETITION

Current through Register Vol. 35, No. 13, July 16, 2024
The proceeding shall be started by the filing of a petition
				  with the Commission within 60 days from the date of notice of the Director's
				  action. The Petitioner shall file the original and 12 copies of the Petition
				  with the Hearing Clerk and serve a copy on the Division and the applicant if
				  the applicant is not the Petitioner. The Hearing Clerk shall promptly serve
				  copies of the petition to the Commission. The Petition shall:
A. Identify the Petitioner, and state how the
				Petitioner is or may be adversely affected by the Director's action;
B. Identify the Director's action which is
				the subject of the appeal, specify the portions of the Director's action to
				which Petitioner objects and specifically state the objections. The Commission
				will consider only the objections included in the Petition;
C. Have attached a copy of the Director's
				action;
D. Be served on the
				Applicant on the date of filing if the Applicant is not the
				Petitioner.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.1418 - RESPONSES TO THE PETITION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				Division shall file a response to the Petition responding to each of the
				objections in the Petition no later than 20 days after the petition is
				filed.
B. The Division shall
				deliver to the Hearing Clerk a list of all persons who have expressed in
				writing an interest in the subject of the Petition by requesting a public
				hearing, submitting written comments regarding the application to the Director,
				or by presenting testimony at any hearing conducted by the Division prior to
				the Director's action.
C. When the
				Petitioner is not the same person as the Applicant, then the Applicant may also
				file a response clearly and directly responding to each of the objections in
				the Petition within 30 days after the Petition is filed.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.1419 - NOTICE OF HEARING OFFICER ASSIGNMENT

Current through Register Vol. 35, No. 13, July 16, 2024
If a Hearing Officer other than the Commission chairperson is
				  assigned, the Hearing Clerk shall notify the parties of the name and address of
				  the Hearing Officer. The Hearing Clerk shall also, at that time, forward to the
				  Hearing Officer copies of all documents filed to date. Any party may request a
				  pre-hearing conference with the Hearing Officer to address scheduling, motions
				  and other pre-hearing matters.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.1420 - SCHEDULING THE HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				Commission or Hearing Officer shall schedule the hearing to begin no earlier
				than 30 days and no later than 60 days after the date the Petition was filed,
				unless the parties waive the deadline in writing. The notice of waiver must be
				filed before the 60-day deadline.
B. The Hearing Clerk shall, upon direction
				from the Commission or Hearing Officer, but no later than 20 days prior to the
				hearing date, issue and serve upon the parties a Notice of Hearing with proof
				of service, setting forth the date, time, and location of the hearing, a brief
				description of the petition and information regarding participation in the
				hearing. This information shall include references to the procedures to
				intervene pursuant to 19.10.14.1424 NMAC, to present evidence as an interested
				participant by filing and mailing to the parties a statement of intent pursuant
				to Subsection D of 19.10.14.1434 NMAC, and to participate as a general public
				participant pursuant to 19.10.14.1434 NMAC.
C. The Hearing Clerk shall mail a copy of the
				Notice of Hearing to each person identified in Subsection B of 19.10.14.1418
				NMAC at least 30 days prior to the hearing and shall include information
				regarding participation by the general public.
D. The Hearing Clerk shall send copies of the
				Notice of Hearing, with requests for publication, to at least one newspaper of
				general circulation in the state; and at least one additional newspaper
				published or distributed at least weekly in the county where the mining or
				exploration operation is located to be published at least 25 days prior to the
				hearing.
E. The Hearing Clerk shall
				file in the record a copy of the Notice of Hearing and any affidavits of
				publication attached.
F. A request
				for postponement of a hearing shall be granted if all parties agree or if good
				cause is shown.
G. Unless otherwise
				ordered or allowed by the Commission or Hearing Officer, the hearing shall be
				in Santa Fe.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.1421 - MOTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any application
				or request by a party to the Commission for an order shall be made by motion in
				writing except those made orally during a hearing. The party making the motion
				shall specify the reasons for the motion and state the relief sought. Motions
				may be accompanied by an affidavit(s), certificate(s), or other evidence relied
				upon.
B. Motions should be filed
				within 30 days of when the Petition was filed.
C. Any party upon whom a motion is served
				shall have 10 days after service of the motion to file a response. A party
				failing to file a timely response shall be deemed to have waived any objection
				to the granting of the motion.
D.
				The party making the motion may, but is not required to, submit a reply to any
				response within 5 days after service of the response.
E. Motions shall be decided by the Hearing
				Officer without a hearing unless otherwise ordered by the Hearing Officer or
				upon written request of any party. The Hearing Officer shall refer any motion
				that would resolve the matter, and may refer any other motion, to the
				Commission for a decision. The Hearing Officer may make a recommendation to the
				Commission on dispositive motions. The Commission may reconsider a motion
				decided by the Hearing Officer if the reconsideration will not delay the
				proceeding. A procedural motion may be ruled upon prior to the expiration of
				the time for response; any response received after the ruling but prior to the
				expiration of the time for response shall be treated as a request for
				reconsideration of the ruling.
F.
				Motions seeking an extension of time may be filed at any time before the
				deadline for which the extension is sought.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.1422 - DISCOVERY

Current through Register Vol. 35, No. 13, July 16, 2024
A. At least 15 days
				prior to the hearing, the Petitioner shall file and serve on the Division and
				any other party the following information:
(1) The name of each witness to be called at
				the hearing;
(2) An estimate of the
				length of the direct testimony of each witness;
(3) A summary or outline of the anticipated
				direct testimony of each witness and, if the testimony includes expert
				opinions, a list of documents or other information that provides the basis for
				those opinions; and
(4) A list of
				exhibits, if any, to be offered into evidence at the hearing and copies of any
				such exhibits that are not in the administrative record.