reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 1 - RULEMAKING PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.1.3 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part governs the procedures in all rulemaking hearings
				  before the board, except to the extent that this part may be inconsistent with
				  specific procedures in governing law. In cases where this part is inconsistent
				  with any rulemaking procedures specified in governing law, the procedures in
				  governing law apply, rather than the procedures in this part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 1 - RULEMAKING PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.1.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 14, 2018, 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 1 - RULEMAKING PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purposes of this part are:
A. to standardize the procedures used in
				rulemaking proceedings before the board;
B. to encourage public participation in the
				hearings conducted by the board for the promulgation of regulations;
C. to make possible the effective
				presentation of the evidence and points of view of parties and members of the
				general public; and
D. to assure
				that board hearings are conducted in a fair and equitable manner.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 1 - RULEMAKING PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this part:
A. "board administrator" means the department
				employee designated by the secretary of environment to provide staff support to
				the board;
B. "board" means the
				environmental improvement board;
C.
				"department" means the New Mexico environment department;
D. "document" means any paper, exhibit,
				pleading, motion, response, memorandum, decision, order or other written or
				tangible item that is filed in a proceeding under this part, or brought to or
				before the board for its consideration, but does not include a cover letter
				accompanying a document transmitted for filing;
E. "exhibit" means any document or tangible
				item submitted for inclusion in the hearing record;
F. "general public" includes any person
				attending a hearing who has not submitted a notice of intent to present
				technical testimony;
G. "governing
				law" means the statute, including any applicable case law, which authorizes and
				governs the decision on the proposed regulatory change;
H. "hearing officer" means the person
				designated by the board to conduct a hearing under this part;
I. "hearing record" means:
(1) the transcript of proceedings;
				and
(2) the record
				proper;
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 1 - RULEMAKING PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.1.107 - POWERS AND DUTIES OF BOARD AND HEARING OFFICER

Current through Register Vol. 35, No. 13, July 16, 2024
A. Board: The board shall exercise all powers
				and duties prescribed under this part and not otherwise delegated to the
				hearing officer or the board administrator.
B. Hearing officer: The board shall designate
				a hearing officer for each hearing who shall exercise all powers and duties
				prescribed or delegated under this part. The hearing officer may be a member of
				the board. The hearing officer shall conduct a fair and equitable proceeding,
				assure that the facts are fully elicited and avoid delay. The hearing officer
				shall have authority to take all measures necessary for the maintenance of
				order and for the efficient, fair and impartial consideration of issues arising
				in proceedings governed by this part, including, but not limited to:
(1) conducting hearings under this
				part;
(2) taking, admitting or
				excluding evidence, examining witnesses and allowing post-hearing
				submissions;
(3) making such orders
				as may be necessary to preserve decorum and to protect the orderly hearing
				process;
(4) if requested by the
				board, preparing and filing a report of the hearing, with recommendations for
				board action;
(5) requesting
				parties to file original documents with the board administrator; and
(6) requesting a party to submit a proposed
				statement of reason in support of the board's decision.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 1 - RULEMAKING PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.1.109 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any part or application of this part is held invalid, the
				  remainder of this part, or their application to other persons or situations,
				  shall not be affected.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 1 - RULEMAKING PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.1.110 - GENERAL PROVISIONS - COMPUTATION 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 board 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 1 - RULEMAKING PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.1.111 - GENERAL PROVISIONS - RECUSAL

Current through Register Vol. 35, No. 13, July 16, 2024
No board member shall participate in any action in which his
				  or her impartiality of 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, Sections
				  10-16-1
				  through
				  10-16-18
				  NMSA 1978, the Financial Disclosures Act, Sections
				  10-16A-1
				  through
				  10-16A-8
				  NMSA 1978, or any other relevant authority.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 1 - RULEMAKING PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.1.112 - GENERAL PROVISIONS - 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 the department, or any other party,
				  interested participant, or their representatives discuss ex parte the merits of
				  the proceeding with any board member or the hearing officer.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 1 - RULEMAKING PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.1.200 - DOCUMENT REQUIREMENTS - FILING AND SERVICE OF DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The filing of
				any document as required by this part shall be accomplished by delivering the
				document to the board administrator and the board legal counsel.
B. Any person filing any document shall:
(1) provide the board administrator with the
				original and nine copies of the document, provided that the board administrator
				may waive the requirement to provide nine copies if an electronic copy of the
				original is provided in a format acceptable for distribution to the board
				members;
(2) if the document is a
				notice of intent to present technical testimony filed by any person other than
				the petitioner, serve a copy thereof on the petitioner;
(3) any document filed pursuant to this part
				shall be filed with the board administrator at least 20 days before any meeting
				at which the board will consider the document. If the document is a motion
				seeking an order from the hearing officer in a rules hearing, the motion must
				also be served at the same time with the hearing officer and the board legal
				counsel.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 1 - RULEMAKING PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.1.201 - EXAMINATION OF DOCUMENTS FILED

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Examination allowed: Subject to the provisions of law restricting the public
				disclosure of confidential information, any person may, during normal business
				hours, inspect and copy any document filed in any rulemaking proceeding before
				the board. Such documents shall be made available by the board administrator,
				as appropriate, and shall also be made available on the New Mexico sunshine
				portal. If the board administrator determines that any part of the rulemaking
				record cannot be practicably displayed or is inappropriate for public display
				on the New Mexico sunshine portal, the board administrator shall describe that
				part of the record, shall note on the New Mexico sunshine portal that the part
				of the record is not displayed, and shall provide instructions for accessing or
				inspecting that part of the record.
B. Cost of duplication: The cost of
				duplicating documents shall be borne by the person seeking copies of such
				documents, but the board administrator shall not charge a fee for providing the
				notice of proposed rulemaking in electronic form.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 1 - RULEMAKING PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.1.300 - PREHEARING PROCEDURES - PETITION FOR REGULATORY CHANGE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person may file a petition with the
				board to adopt, amend or repeal any regulation within the jurisdiction of the
				board.
B. The petition shall be in
				writing and shall include a statement of the reasons for the regulatory change.
				The petition shall cite the relevant statutes that authorize the board to adopt
				the proposed rules and shall estimate the time that will be needed to conduct
				the rules hearing, if at all possible. A copy of the entire rule, including
				proposed regulatory change, indicating any language proposed to be added or
				deleted, shall be attached to the petition. The entire rule and its proposed
				changes shall be submitted to the board in redline fashion, and shall include
				line numbers. Any document that does not include all the items required to be
				in a petition shall be returned to the petitioner along with a copy of these
				rules and a check-off list of required items, and the petitioner will be asked
				to resubmit the petition in the form required by these rules.
C. The board shall determine, at a public
				meeting occurring at least 15 days and no later than 60 days, after receipt of
				the petition, whether or not to hold a public hearing on the proposal. Any
				person may respond to the petition either in writing prior to the public
				meeting or in person at the public meeting.
D. If the board determines to hold a public
				hearing on the petition, it may issue such orders specifying procedures for
				conduct of the hearing, in addition to those provided by this part, as may be
				necessary and appropriate to fully inform the board of the matters at issue in
				the hearing or control the conduct of the hearing. Such orders may include
				requirements for giving additional public notice, holding pre-hearing
				conferences, filing direct testimony in writing prior to the hearing, or
				limiting testimony or cross-examination
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 1 - RULEMAKING PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.1.301 - NOTICE OF HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Unless
				otherwise allowed by governing law and specified by the board, the board shall
				provide to the public notice of the proposed rulemaking at least 60 days prior
				to the hearing. Notice of the proposed rulemaking shall include publication in
				at least one newspaper of general circulation in the state, publication in the
				New Mexico register, and such other means of providing notice as the board may
				direct or are required by law.
B.
				The notice of proposed rulemaking shall state:
(1) the subject of the proposed rule,
				including a summary of the full text of the proposed rule and a short
				explanation of the purpose of the proposed rule;
(2) a citation to the specific legal
				authority authorizing the proposed rule and a short explanation of the purpose
				of the proposed rule;
(3) a
				citation to technical information, if any, that served as a basis for the
				proposed rule, and information on how the full text of the technical
				information may be obtained;
(4)
				the statutes, regulations and procedural rules governing the conduct of the
				hearing;
(5) the manner in which
				persons may present their views or evidence to the board, including the time,
				place, and information on participating in the public hearing;
(6) the location where persons may secure
				copies of the full text of the proposed regulatory change;
(7) an internet link providing free access to
				the full text of the proposed rule; and
(8) if applicable, that the board may make a
				decision on the proposed regulatory change at the conclusion of the
				hearing.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 1 - RULEMAKING PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.1.302 - TECHNICAL TESTIMONY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				person, including the petitioner, who intends to present technical testimony at
				the hearing shall, no later than 20 days prior to the hearing, file a notice of
				intent to present technical testimony with the board administrator. The notice
				shall:
(1) identify the person for whom the
				witness(es) will testify;
(2)
				identify each technical witness the person intends to present and state the
				qualifications of that witness, including a description of their educational
				and work background;
(3) if the
				hearing will be conducted at multiple locations, indicate the location or
				locations at which the witnesses will be present;
(4) include a copy of the direct testimony of
				each technical witness in narrative form;
(5) include the text of any recommended
				modifications to the proposed regulatory change; and
(6) list and attach all exhibits anticipated
				to be offered by that person at the hearing, including any proposed statement
				of reasons for adoption of rules.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 1 - RULEMAKING PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.1.303 - ENTRY OF APPEARANCE

Current through Register Vol. 35, No. 13, July 16, 2024
Any person may file an entry of appearance as a party. The
				  entry of appearance shall be filed with the board administrator no later than
				  20 days before the date of the hearing on the petition. In the event of
				  multiple entries of appearance by those affiliated with one interest group, the
				  hearing officer may consolidate the entries, or divide the service list to
				  avoid waste of resources.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 1 - RULEMAKING PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.1.304 - PARTICIPATION BY GENERAL PUBLIC

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Any member of the general public may testify at the hearing. No prior
				notification is required to present non-technical testimony at the hearing. Any
				such member may also offer non-technical exhibits in connection with his
				testimony, so long as the exhibit is not unduly repetitious of the
				testimony.
B. 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 the hearing or submit it at the hearing. Written comment must be
				mailed or delivered to the board administrator; email comments will not be
				accepted. However, comments may be submitted electronically on the board
				webpage.
C. If the board changes
				the date of the hearing or the deadline for submitting comments as stated in
				the notice of proposed rulemaking, the board shall provide to the public notice
				of the change.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 1 - RULEMAKING PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.1.305 - LOCATION OF HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise provided by governing law, the board may
				  hold hearings on proposed regulatory changes of statewide application in Santa
				  Fe or within any area of the state substantially affected by the proposed
				  regulatory change, and shall hold hearings on proposed changes of local
				  application within the area affected by the proposal.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 1 - RULEMAKING PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.1.306 - PARTICIPATION BY CONFERENCE TELEPHONE OR OTHER SIMILAR DEVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. A member of the
				board may participate in a meeting or hearing of the board by means of a
				conference telephone or other similar communications equipment, when it is
				otherwise difficult or impossible for the member to attend the meeting or
				hearing in person, provided that each member participating by conference
				telephone can be identified when speaking, all participants are able to hear
				each other at the same time and members of the public attending the meeting or
				hearing are able to hear any member of the board who speaks at the meeting or
				hearing. A board member's participation by such means shall constitute presence
				in person at the meeting or hearing. A board member who wishes to participate
				in a rules hearing in this manner must receive permission from the hearing
				officer sufficiently in advance of the rules hearing so as to permit the board
				administrator to arrange for adequate telephone hookup.
B. A witness may participate in a rules
				hearing of the board by means of a telephone conference or other similar
				communications equipment when an emergency or circumstances make it impossible
				for the witness to attend the hearing in person. A witness who wishes to
				participate in a rules hearing in this manner must receive permission from the
				hearing officer sufficiently in advance of the rules hearing. No witness may
				participate in a rules hearing by telephone conference unless he makes a
				request sufficiently in advance of the rules hearing so as to permit the board
				administrator to arrange for an adequate telephone hookup. Each witness
				participating by telephone must be identified when speaking, all participants
				must be able to hear each other at the same time and members of the public
				attending the hearing must be able to hear any witness who speaks during the
				hearing.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 1 - RULEMAKING PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.1.307 - 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
				20.1.1.200
				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
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.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 1 - RULEMAKING PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.1.400 - HEARING PROCEDURES - CONDUCT OF HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The rules of civil procedure and the rules
				of evidence shall not apply.
B. The
				hearing officer shall conduct the hearing so as to provide a reasonable
				opportunity for all persons to be heard without making the hearing unreasonably
				lengthy or cumbersome, or burdening the record with unnecessary repetition. The
				hearing shall proceed as follows.
(1) The
				hearing shall begin with an opening statement from the hearing officer. The
				statement shall identify the nature and subject matter of the hearing and
				explain the procedures to be followed.
(2) The hearing officer may allow a brief
				opening statement by any party who wishes to make one.
(3) Unless otherwise ordered, the petitioner
				shall present its case first.
(4)
				The hearing officer shall establish an order for the testimony of other
				participants. The order may be based upon notices of intent to present
				technical testimony, sign-in sheets and the availability of witnesses who
				cannot be present for the entire hearing.
(5) If the hearing continues for more than
				one day, the hearing officer shall provide an opportunity each day for
				testimony from members of the general public. Members of the general public who
				wish to present testimony should indicate their intent on a sign-in
				sheet.
(6) The hearing officer may
				allow a brief closing argument by any person who wishes to make one.
(7) At the close of the hearing, the hearing
				officer shall determine whether to keep the record open for written submittals
				in accordance with
				20.1.1.404
				NMAC. If the record is kept open, the hearing officer shall determine and
				announce the subject(s) on which submittals will be allowed and the deadline
				for filing the submittals.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 1 - RULEMAKING PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.1.401 - TESTIMONY AND CROSS-EXAMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				All testimony will be taken under oath or affirmation which may be accomplished
				in mass or individually.
B. The
				hearing officer shall admit any relevant evidence, unless the hearing officer
				determines that the evidence is incompetent or unduly repetitious. The hearing
				officer shall require all oral testimony be limited to the position of the
				witness in favor of or against the proposed rule.
C. Any person who testifies at the hearing is
				subject to cross-examination on the subject matter of his or her direct
				testimony and matters affecting his or her credibility. Any person attending
				the hearing is entitled to conduct such cross-examination as may be required
				for a full and true disclosure of matters at issue in the hearing. The hearing
				officer may limit cross-examination to avoid harassment, intimidation, needless
				expenditure of time or undue repetition.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 1 - RULEMAKING PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.1.402 - EXHIBITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person
				offering an exhibit at hearing, other than a document filed and served before
				the hearing, shall provide at least an original and nine copies for the board,
				and a sufficient number of copies for every other party.
B. All exhibits offered at the hearing shall
				be marked with a designation identifying the person offering the exhibit and
				shall be numbered sequentially. If a person offers multiple exhibits, he shall
				identify each exhibit with an index tab or by other appropriate
				means.
C. Large charts and
				diagrams, models and other bulky exhibits are discouraged. If visual aids are
				used, legible copies shall be submitted for inclusion in the record.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 1 - RULEMAKING PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.1.403 - TRANSCRIPT OF PROCEEDINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Unless
				specified by the board or hearing officer, a verbatim transcript shall be made
				of the hearing. The cost of the original transcript of the proceeding and of
				providing a copy for each board member shall be borne by the
				petitioner.
B. Any person may
				obtain a copy of the transcript of a proceeding. It shall be obtained directly
				from the court reporter, and the cost of the transcript shall be paid directly
				to the source.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 1 - RULEMAKING PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.1.404 - POST-HEARING SUBMISSIONS

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 following the conclusion of the hearing for written
				  submission of additional evidence, comments and arguments, and proposed
				  statements of reasons. The hearing officer's determination regarding
				  post-hearing submissions shall be announced at the conclusion of the hearing.
				  In considering whether the record will remain open, the hearing officer shall
				  consider the reasons why the material was not presented during the hearing, the
				  significance of the material to be submitted and the necessity for a prompt
				  decision.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 1 - RULEMAKING PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.1.405 - HEARING OFFICER'S REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
If the board directs, the hearing officer shall file a report
				  of the hearing. The report shall identify the issues addressed at the hearing,
				  identify the parties' final proposals and the evidence supporting those
				  proposals, including discussion or recommendations as requested by the board,
				  and shall be filed with the board administrator within the time specified by
				  the board. The board administrator shall promptly notify each party that the
				  hearing officer's report has been filed and shall provide a copy of the report
				  along with a notice of any deadline set for comments on that
				  report.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 1 - RULEMAKING PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.1.406 - DELIBERATION AND DECISION

Current through Register Vol. 35, No. 13, July 16, 2024
A. If
				a quorum of the board attended the hearing, and if the hearing notice indicated
				that a decision might be made at the conclusion of the hearing, the board may
				immediately deliberate and make a decision on the proposed regulatory
				change.
B. If the board does not
				reach a decision at the conclusion of the hearing, the board administrator,
				following receipt of the transcript, will promptly furnish a copy of the
				transcript to each board member that did not attend the hearing and, if
				necessary, to other board members, board counsel and the hearing officer.
				Exhibits provided to those persons at the time of the hearing need not be
				supplied again.
C. The board shall
				reach its decision on the proposed regulatory change within 60 days following
				the close of the record or the date the hearing officer's report is filed,
				whichever is later.
D. If, during
				the course of its deliberations, the board determines that additional testimony
				or documentary evidence is necessary for a proper decision on the proposed
				regulatory change, the board may, consistent with the requirements of due
				process, reopen the hearing for such additional evidence only.
E. The board shall issue its decision on the
				proposed regulatory change in a suitable format, which shall include its
				reasons for the action taken.
F.
				The board's written decision is the official version of the board's action, and
				the reasons for that action. Other written or oral statements by board members
				are not recognized as part of the board's official decision or
				reasons.
G. If the board fails to
				act on a proposed rule within two years after the notice of proposed rulemaking
				is published in the New Mexico register, the rulemaking is automatically
				terminated unless the board acts to extend the period for an additional two
				years by filing a statement of good cause for the extension in the rulemaking
				record. If the board extends the rulemaking period, it shall provide for
				additional public participation, comments, and hearing prior to adopting the
				rule.
H. The board may terminate a
				rulemaking at any time by publishing a notice of termination in the New Mexico
				register. If the board terminates a rulemaking in this manner, it shall provide
				to the public notice of its action.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 1 - RULEMAKING PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.1.407 - NOTICE OF BOARD ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				board administrator shall provide to the public notice of the board's action
				and a concise explanatory statement.
B. The adopted rule shall not take effect
				unless within 15 days of adoption of the rule, the board delivers the final
				rule to the state records administrator, accompanied by a concise explanatory
				statement that contains:
(1) the date that
				the board adopted the rule;
(2) a
				reference to the specific statutory or other authority authorizing the rule;
				and
(3) any findings required by
				law for adoption of the rule.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 1 - RULEMAKING PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.1.500 - APPEALS AND STAYS - APPEAL OF REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Appeal of any regulatory change by the
				board shall be taken in accordance with governing law.
B. The appellant shall serve a copy of the
				notice of appeal on the board and on each party.
C. The appellant shall be responsible for
				preparation of a sufficient number of copies of the hearing record at the
				expense of appellant.
D. Unless
				otherwise provided by governing law, the filing of an appeal shall not act as a
				stay of the regulatory change being appealed.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 1 - RULEMAKING PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.1.501 - STAY OF BOARD REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				person who is or may be affected by a rule adopted by the board may file a
				motion with the board seeking a stay of that rule or regulatory change. The
				motion shall include the reason for, and the legal authority supporting, the
				granting of a stay. The movant shall file the motion with the board
				administrator at least 30 days before the meeting at which the board will
				consider the motion. The movant shall serve the motion for a stay as provided
				by this part, and shall further serve all parties in the rulemaking proceeding.
				The board chair will decide at which meeting the stay motion will be
				heard.
B. Unless otherwise provided
				by governing law, the board may grant a stay pending appeal of any regulatory
				change promulgated by the board. The board may only grant a stay if good cause
				is shown after a motion is filed and a hearing is held.
C. In determining whether good cause is
				present for the granting of a stay, the board, upon at least a two-thirds vote
				of the members voting shall consider:
(1) the
				likelihood that the movant will prevail on the merits of the appeal;
(2) whether the moving party will suffer
				irreparable harm if a stay is not granted;
(3) whether substantial harm will result to
				other interested persons; and
(4)
				whether harm will ensue to the public interest.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. This part
				governs the following adjudicatory proceedings of the environmental improvement
				board:
(1) proceedings for the granting of
				variances, or for the appeal from permitting actions, pursuant to the Air
				Quality Control Act, Sections 74-2-7(H) and 74.2-8 NMSA 1978 ("petition
				hearings"); and
(2) any other
				adjudicatory proceedings under the jurisdiction of the board to which the board
				applies this part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This part is adopted under the authority of the Air Quality
				  Control Act, Sections
				  74-2-5,
				  74-2-7
				  and
				  74-2-8 NMSA
				  1978; the Medical Radiation Health and Safety Act, Section
				  61-14E-5
				  NMSA 1978; and the Environmental Improvement Act, Section
				  74-1-8
				  NMSA 1978, as amended.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 27, 2006, unless a later date is cited at the end of a
				  paragraph.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.2.6 - 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 environmental improvement
				  board.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
GENERAL: As used in this part. Terms defined in act or
				  regulations: Terms defined in the act or regulations and not defined in this
				  part are used consistent with the meanings given in the act or
				  regulations.
A. "Act" means, as the
				context requires:
(1) the Air Quality Control
				Act, Chapter 74, Article 2 NMSA 1978, and its subsequent amendments and
				successor provisions;
(2) the
				Medical Radiation Health and Safety Act, Chapter 61, Article 14E NMSA 1978, and
				its subsequent amendments and successor provisions; and
(3) any other statute that includes authority
				for adjudicatory proceedings before the board when the board applies this part
				to such proceedings.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.2.106 - APPLICABILITY OF RULES OF CIVIL PROCEDURE AND RULES OF EVIDENCE

Current through Register Vol. 35, No. 13, July 16, 2024
In the absence of a specific provision in this part governing
				  an action, the board may look to the New Mexico Rules of Civil Procedure, NMRA
				  1-001 et seq., and the New Mexico Rules of Evidence, NMRA 11-101 et seq., for
				  guidance. Any reference to the rules of civil procedure shall not be construed
				  to extend or otherwise modify the authority and jurisdiction of the board under
				  the act.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.2.107 - CONSTRUCTION, SEVERABILITY, SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
This part shall be liberally construed to carry out its
				  purposes. 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. This part does not apply to petitions filed prior to the
				  effective date of this part, except as stipulated to by the parties to such
				  proceeding.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.2.109 - POWERS AND DUTIES OF THE BOARD AND HEARING OFFICER

Current through Register Vol. 35, No. 13, July 16, 2024
A. Board: The board 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 board
				administrator. The board may specify procedures in addition to or that vary
				from those provided in this part in order to expedite the efficient resolution
				of the action or to avoid obvious injustice, so long as such procedures do not
				conflict with the act, the ULA or the regulations or prejudice the rights of
				any party.
B. Hearing officer: The
				board may appoint one or more hearing officers to perform the functions
				described in Paragraph (2) of Subsection B of 20.1.2.109 NMAC. From the date a
				proceeding is initiated under this part, the chair of the board shall serve as
				hearing officer, until such time as another hearing officer is appointed. The
				board or the board chair may appoint another hearing officer. The appointment
				of a hearing officer does not preclude the board members from attending or
				participating in the proceeding.
(1)
				Qualifications: A hearing officer may be an independent contractor, board
				counsel or a member of the board and shall not be:
(a) an employee of the department, unless
				employed by the department as a hearing officer;
(b) a person who has a personal bias or
				prejudice concerning a party, or has personal knowledge of disputed facts
				concerning the proceeding, or is related to a party within the third degree of
				relationship, or has a financial interest in the proceeding; or
(c) a person who has performed prosecutorial
				or investigative functions in connection with the licensing or permitting
				action at issue in the hearing.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.2.110 - 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 the department, any other party, interested
				  participant or their representatives discuss ex parte the merits of the
				  proceeding with any board member or the hearing officer. This prohibition does
				  not preclude a hearing officer from considering and acting upon any motion
				  filed pursuant to this part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.2.111 - GENERAL PROVISIONS - COMPUTATION AND EXTENSION OF TIME

Current through Register Vol. 35, No. 13, July 16, 2024
A. Computation of
				time: Time shall be calculated in accordance with the Uniform Statute and Rule
				Construction Act, NMSA 1978, Section 12-2 A-7. 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 (3) 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
				board 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 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.2.112 - GENERAL PROVISIONS - 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:
				Except as otherwise provided, a party filing documents shall file the originals
				and eight (8) copies with the board administrator and shall serve copies
				thereof upon the hearing officer, the board legal counsel, and all other
				parties. If there is no hearing officer the party shall serve the document upon
				the board chair. All documents shall be filed at least fifteen (15) days before
				the hearing at which the board will consider the matter. A certificate of
				service, as shown in Appendix A, (20.1.2.600 NMAC) shall accompany each filed
				document.
C. Service of documents:
				Except as otherwise provided, all documents may be served personally, by
				express or first class mail, or, if the person agrees, by facsimile or by
				electronic transmission.
D. Form of
				documents: Unless otherwise provided by this part or by order of the hearing
				officer, all documents, except exhibits, shall be prepared on 8 1/2 x 11-inch
				white paper, printed double-sided, if possible, and where appropriate, the
				first page of every document shall contain a heading and caption as illustrated
				in Appendix A, (20.1.2.600 NMAC).
E. Documents issued by board or hearing
				officer: All original documents issued by the board or hearing officer shall be
				filed with the board administrator. The board administrator shall promptly
				serve copies of the documents upon all parties and interested
				participants.
F. Examination of
				documents filed:
(1) Examination allowed:
				Subject to the provisions of law restricting the public disclosure of
				confidential information, any person may, during normal business hours, inspect
				and copy any document filed in any proceeding. Inspection shall be permitted in
				accordance with the Inspection of Public Records Act, NMSA 1978, Sections
				14-2-1
				through
				14-2-12,
				and may be limited by the Environmental Improvement Act, NMSA 1978, Section
				74-2-11.
				Documents subject to inspection shall be made available by the board
				administrator, as appropriate.
(2)
				Cost of duplication: Unless waived by the department, the cost of duplicating
				documents or tapes filed in any proceeding shall be borne by the person seeking
				the copies.