New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 90 - FIELD CITATIONS › Section 20.2.90.110 - FIELD CITATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				person who receives a field citation from the department may request a hearing
				before the department. The request must be made in writing to the secretary
				within fifteen (15) working days after the field citation has been issued, with
				completed assessment of penalty, if any, and shall include a copy of the field
				citation. Unless a hearing request is received by the secretary within fifteen
				(15) working days after the field citation is issued, the decision of the
				department shall be final.
B. If a
				hearing request is received within the fifteen (15) working days time limit,
				the secretary shall hold a hearing within fifteen (15) working days after
				receipt of the request. The secretary shall notify the person who requested the
				hearing of the date, time and place of the hearing by certified mail.
C. The department shall present the field
				citation and supporting evidence first, followed by the appellant who has the
				burden of proving no violation had occurred and shall present any evidence to
				support the request for hearing.
D.
				Hearings shall be held at a place designated by the secretary unless other
				mutually agreed upon arrangements are made. The secretary may designate a
				hearing officer to conduct the hearing and make a final decision or make
				recommendations for a final decision. The secretary's hearing notice shall
				indicate who will conduct the hearing and make the final decision.
E. Motions. All motions, except those made
				orally during a hearing, shall be in writing, specify the grounds for the
				motion, state the relief sought, and state whether it is opposed or unopposed.
				Each motion may be accompanied by an affidavit, certificate, or other evidence
				relied upon and shall be served upon the secretary or hearing officer and the
				other parties. An unopposed motion shall state that concurrence of all other
				parties was obtained. Any party upon whom an opposed motion is served shall
				have an opportunity to file a response. To expedite the proceedings, no replies
				shall be allowed except upon leave from the hearing officer.
F. Discovery. No discovery shall be allowed,
				including requests for admission, interrogatories, and depositions.
G. Upon request, the hearing shall be
				recorded. The person who requests the recording shall pay recording
				costs.
H. In field citation
				hearings, the rules governing civil procedure and evidence in district court do
				not apply. Hearings shall be conducted so that all relevant views, arguments
				and testimony are amply and fairly presented without undue repetition. The
				secretary shall allow department staff and the hearing requestor to call and
				examine witnesses, to submit written and oral evidence and arguments, to
				introduce exhibits and to cross-examine persons who testify. All testimony
				shall be taken under oath. At the end of the hearing, the secretary shall
				decide and announce if the hearing record will remain open and for how long and
				for what reason it will be left open.
I. Based upon the evidence presented at the
				hearing, the secretary shall sustain, modify or reverse the action of the
				department. The secretary's decision shall be by written order within fifteen
				(15) working days following the close of the hearing record. The decision shall
				state the reasons therefore and shall be sent by certified mail to the hearing
				requestor and any other affected person who requests notice. Appeals from the
				secretary's final decision are by NMSA 1978, Section
				74-2-9.
J. Pursuant to 20.1.5.2 NMAC, these hearing
				procedures supersede the procedures provided in 20.1.5 NMAC.