reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 3 - ADJUDICATORY PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.3.22 - ALTERNATE RESOLUTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Summary
				procedures:
(1) Use of summary procedures:
				The commission may dispose of a abatement plan petition, variance petition or
				request for compliance order hearing after an expedited hearing if a party
				requests that the matter be decided solely on legal arguments presented in
				written briefs and oral arguments.
(2) Expedited hearing: If the hearing officer
				determines that the motion or request has a likelihood of success and could
				fairly expedite the resolution of the proceeding, the hearing officer may
				submit a recommended decision to the commission based on briefs and oral
				arguments presented at an expedited hearing. If an expedited hearing is
				conducted, public notice shall be given in accordance with Subsection C of
				20.1.3.17 NMAC, Subsection C of 20.1.3.18 NMAC or Subsection C of 20.1.3.19
				NMAC. For abatement plan or variance hearings, the hearing officer shall also:
(a) include in the public notice instructions
				for persons other than parties who wish to participate in the oral argument to
				submit a statement of intent equivalent to the statement provided in Subsection
				E of 20.1.3.17 NMAC; and
(b) allow
				the public to attend the expedited hearing but may limit presentations at the
				hearing to oral arguments by parties on the specific issue before the
				commission.
(3)
				Commission: Upon a referral of a recommended expedited decision, the commission
				may either reach a final decision and issue a final order or remand to the
				hearing officer to proceed with a full hearing under this part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 3 - ADJUDICATORY PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.3.23 - APPENDIX A

Current through Register Vol. 35, No. 13, July 16, 2024
[Preferred Format]
STATE OF NEW MEXICO
WATER QUALITY CONTROL COMMISSION
[A. Petition Hearing]
IN THE MATTER OF THE PETITION FOR
[A VARIANCE FROM _______________]
[HEARING ON DISCHARGE PLAN NO. ____ ]
[HEARING ON ABATEMENT ACTION DATED ______
				  ]
[Name of Petitioner],
Petitioner
[B. Order Hearing]
[name of constituent agency issuing Compliance
				  Order],
Complainant
v.
[Name of Respondent],
Respondent
CERTIFICATE OF
				  SERVICE
I hereby certify that a true and correct copy of the
				  foregoing [name of document] was [hand-delivered] [faxed] [mailed first class
				  to all parties [and interested participants] on [date].
________________________________
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 4 - PERMIT PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This Part sets forth procedural regulations for public
				  hearings before the Environment Department involving permit issuance, renewal,
				  denial, or modification, license, and variance petitions, except to the extent
				  any provision of this Part is inconsistent with any rule promulgated by the
				  Environmental Improvement Board or the Water Quality Control Commission. These
				  regulations may be adopted by the Environmental Improvement Board or Water
				  Quality Control Commission; however, nothing in this Part shall be construed as
				  limiting or affecting, in any manner, the authority of the Board or Commission
				  to adopt rulemaking for permit procedures as provided by law.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 4 - PERMIT PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This Part is adopted under the authority of NMSA 1978,
				  9-7A-6.D,
				  74-1-1
				  through 13,
				  74-4-4.A.7,
				  74-9-28.A
				  (1) and (3) and
				  74-9-29.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 4 - PERMIT PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 1, 1997, unless a later date is cited at the end of
				  a section or paragraph.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 4 - PERMIT PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this Part is to establish hearing procedures
				  for permit issuance, renewal, denial, or modification, license and variance
				  petitions; to ensure due process for all persons; to ensure the ability to
				  participate of all persons and entities who desire to take part; and to give an
				  orderly structure to the proceedings.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 4 - PERMIT PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
GENERAL:
A. As used
				in this Part:
(1) "Act" means, as the context
				requires:
(a) the Department of Environment
				Act, NMSA 1978, Chapter 9, Article 7A;
(b) the Air Quality Control Act, NMSA 1978,
				Chapter 74, Article 2;
(c) the
				Radiation Protection Act, NMSA 1978, Chapter 74, Article 3;
(d) the Hazardous Waste Act, NMSA 1978,
				Chapter 74, Article 4;
(e) the
				Water Quality Act, NMSA 1978, Chapter 74, Article 6;
(f) the Solid Waste Act, NMSA 1978, Chapter
				74, Article 9; and
(g) any rule
				adopted or amended by the Board or Commission that utilizes this
				Part;
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 4 - PERMIT PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.4.100 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Applicability of Rules of Civil Procedure and Evidence: The New Mexico Rules of
				Civil Procedure, SCRA 1986, 1-001 to 1-102 and the New Mexico Rules of
				Evidence, SCRA 1986, 11-101 to 11-1102 shall not apply to proceedings under
				this Part. At the discretion of the Hearing Officer, the rules may be used for
				guidance and shall not be construed to limit, extend, or otherwise modify the
				authority and jurisdiction of the Secretary under any Act.
B. Liberal Construction: This Part shall be
				liberally construed to carry out its purpose and the purposes of the statute or
				statutes and regulations pursuant to which the proceeding at issue is
				conducted. This part shall also be liberally construed to facilitate
				participation by members of the public, including those who are not represented
				by counsel.
C. Severability: If any
				section or application of this Part is held invalid, the remainder of this Part
				or any other application shall not be affected.
D. Savings Clause:
(1) Limitation of Applicability: This Part
				does not apply to pending proceedings for which a Notice of Hearing has been
				published as provided in Section 202 of 20 NMAC 1.4 [Paragraph C. of Section
				200 of 20.1.4 NMAC] filed October 31, 1995, does not affect any permit issued
				prior to the effective date of this Part until the permittee applies for a
				modification or renewal of the permit, and does not affect any license or
				variance issued prior to the effective date of this Part. Any amendment to this
				Part shall not apply to a proceeding pending on the effective date of the
				amendment.
(2) References In Other
				Rules: Any reference in any other rule to NMED 91-1, or to 20 NMAC 1.4 as filed
				October 31, 1995 and amended May 17, 1996, or to any provision thereof shall be
				construed as a reference to this Part, or to the corresponding provision
				thereof.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 4 - PERMIT PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.4.200 - PREHEARING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Initiation of Hearing:
(1) Filing of
				Completeness or Hearing Determination: A proceeding under this Part shall be
				initiated by the filing of a Completeness or Hearing Determination by the
				Secretary.
(2) Administrative
				Record to Hearing Clerk: Upon the filing of a Completeness or Hearing
				Determination, the Division shall, no later than the hearing, forward the
				Administrative Record to the Hearing Clerk. Material readily available at the
				Division's office, or published material which is generally available, need not
				be physically included in the Administrative Record, provided that the material
				is identified in an index to the Administrative Record filed with the Hearing
				Clerk. The Administrative Record is available for public review at all
				times.
(3) Petition: A Petition
				shall:
(a) specify each provision of the
				Solid Waste Managements Regulations from which the variance is
				sought;
(b) specify the length of
				time for which the variance is sought; and
(c) contain a recitation of all facts the
				Petitioner relies upon to support the Petition, including a showing that:
(i) application of the provisions from which
				variance is sought would result in an arbitrary and unreasonable taking of the
				Petitioner's property or would impose an undue economic burden upon the
				Petitioner's lawful business, occupation, or activity;
(ii) granting the variance will not result in
				any condition injurious to human health, safety, or welfare, or the
				environment; and
(iii) if the
				variance is requested for longer than one (1) year, facts showing that there
				are no practicable means known or available for the adequate prevention of
				degradation of the environment or the risk to the public health, safety, or
				welfare.
(4)
				Combined Action: Nothing in this Part shall preclude the filing of a combined
				Application and Petition by the same person, provided the caption and title
				clearly indicate that the document is to be treated as both an Application and
				a Petition.
(5) Division Response
				to Petition: The Division shall promptly review the Petition to determine
				whether it is complete and if not, notify the Petitioner of that fact, and of
				the reasons the Petition is deemed incomplete.
(6) Completeness Determination: In making a
				Completeness Determination, the Division shall consider whether the Applicant
				has addressed all the administrative requirements required by the Act and the
				Regulations. The Completeness Determination shall not be considered to be a
				determination that the Application is approvable.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 4 - PERMIT PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.4.300 - PARTICIPATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Participation:
(1) Entry of Appearance: Any person who
				wishes to be a party shall file, and serve upon all other parties of record, an
				Entry of Appearance, on or before the deadline set forth in the Notice of
				Hearing. A timely Statement of Intent to Present Technical Testimony shall be
				considered an Entry of Appearance, if the person filing such statement has not
				previously filed a separate Entry of Appearance.
(2) Effect of Failure to File: Failure to
				file a timely Entry of Appearance shall preclude a person from being a party in
				the proceeding, but shall not preclude a person from presenting a general
				written or oral statement or non-technical testimony in the
				proceeding.
(3) Orders for Conduct
				of Proceedings: In proceedings under this Part, the Hearing Officer may conduct
				pre-hearing conferences and issue pre-hearing orders that are not inconsistent
				with these rules, for purposes including but not limited to expediting the
				disposition of the proceeding, discouraging unnecessary, duplicative or
				wasteful pre-hearing activities, formulating and simplifying issues, obtaining
				stipulations or admissions of fact or law, obtaining advance rulings regarding
				the admissibility of evidence, avoiding the presentation of unnecessary or
				cumulative evidence or motions and adopting special procedures for managing
				proceedings involving difficult or complex issues and/or large numbers of
				parties. With respect to proceedings involving large numbers of parties, the
				Hearing Officer may require that service of documents under Section 115.B
				[Paragraph XX of 20.1.4.100 NMAC] be made on designated representatives of
				groups of parties with similar interests and may make such other orders as are
				consistent with this Subpart.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 4 - PERMIT PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.4.400 - HEARING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Burden
				of Persuasion; Order of Testimony; Evidence Required:
(1) Burden of Persuasion: The Applicant or
				Petitioner has the burden of proof that a permit, license, or variance should
				be issued and not denied. This burden does not shift. The Division has the
				burden of proof for a challenged condition of a permit or license which the
				Department has proposed. Any person who contends that a permit condition is
				inadequate, improper, or invalid, or who proposes to include a permit condition
				shall have the burden of going forward to present an affirmative case on the
				challenged condition.
(2) Order of
				Testimony: Unless otherwise agreed to by the parties or ordered by the Hearing
				Officer, testimony shall be presented in the following order:
(a) testimony by, and examination of, the
				Applicant or Petitioner;
(b)
				testimony by, and examination of, technical witnesses in support of the Draft
				Permit, Application, or Petition;
(c) testimony by, and examination of,
				technical witnesses in opposition to the Draft Permit, Application, or
				Petition;
(d) all other testimony
				or oral statement;
(e) direct
				testimony by the parties, as appropriate, in the same order as testimony in the
				proceeding; and
(f) rebuttal
				testimony by the parties, as appropriate, in the same order as testimony in the
				proceeding.
(3) Standard
				for Decision: The Hearing Officer shall determine each matter in controversy by
				a preponderance of the evidence.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 4 - PERMIT PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.4.500 - POST HEARING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Filing the Transcript: The hearing shall be transcribed or tape-recorded
				verbatim. If the hearing is transcribed, the Hearing Clerk shall promptly
				notify all parties of the availability of the transcript. Any person desiring a
				copy of the transcript shall order a copy from the court reporter at his or her
				own expense. Any person desiring a copy of the hearing tapes shall arrange
				copying with the Hearing Clerk at his or her own expense.
B. Proposed Findings and Conclusions and
				Closing Argument: Unless otherwise ordered by the Hearing Officer, any party
				may submit proposed findings of fact, conclusions of law, and closing argument
				within thirty (30) days after filing of the transcript. All submissions shall
				be in writing and shall contain adequate references to the Hearing Record and
				authorities relied upon. No new evidence shall be presented.
C. Hearing Officer's Report:
(1) Deadline and Content: Unless otherwise
				provided by law or ordered by the Secretary, the Hearing Officer shall file a
				report within thirty (30) days after expiration of the period under Section 502
				[Subsection B. of 20.1.4.500 NMAC]. The report shall contain the Hearing
				Officer's findings of fact, conclusions of law, recommended decision, and
				proposed final order.
(2) Comment
				on Hearing Officer's Report: Unless otherwise ordered by the Secretary, a party
				may file comments on the Hearing Officer's Report, including argument for or
				against the Hearing Officer's Report or for or against modification of the
				Hearing Officer's Report, within fifteen (15) days after service of the Hearing
				Officer's Report. No new evidence shall be presented.
(3) Argument Before the Secretary: The
				Secretary may allow oral argument on the Hearing Officer's Report. A request
				for oral argument shall be filed no later than the expiration of the period
				under Section 503.B [Subparagraph (2) of this Section]. If oral argument is
				allowed, the Secretary shall notify the parties in writing regarding the time
				and place for oral] argument, after giving due consideration to the convenience
				of the parties and to the deadline for issuance of the final order specified in
				Section 504 [Paragraph D. of this Section].
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 4 - PERMIT PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.4.600 - ALTERNATE RESOLUTION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Withdrawal: No later than the beginning of the hearing, the Applicant or
				Petitioner may file a Motion for Withdrawal. The Secretary shall grant or deny
				the Motion for Withdrawal. [12-1-97 ]
B. Summary Procedures:
(1) Use of Summary Procedures: The Secretary
				may issue a final order after an expedited hearing on a motion by a party if
				not inconsistent with the law:
(a) to dismiss
				the Application or Petition for a jurisdictional defect; or
(b) to decide the merits of the Application
				or Petition on legal arguments presented in writing or oral argument.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 5 - ADJUDICATORY PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Except as otherwise specifically provided by statute or by
				  any other rule or regulation of the Board or the Department, this Part governs
				  administrative appeals of compliance orders, administrative orders, field
				  citations or compliance determinations issued or administered by the
				  Department. This Part further governs administrative hearings for permit
				  suspensions and revocations. In any Department proceeding conducted under the
				  Uniform Licensing Act, NMSA 1978, Sections
				  61-1-1 et
				  seq. (ULA), the procedures in the ULA shall govern the proceeding. In the
				  absence of a specific provision in the ULA governing an action, the Department
				  may look to this Part for guidance.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 5 - ADJUDICATORY PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This Part is adopted under the authority of NMSA 1978,
				  9-7A-6,
				  74-2-12,
				  74-4-10,
				  74-6B-8,
				  74-6B-13,
				  74-9-28.A(2),
				  74-9-29,
				  74-9-36,
				  74-11-10 and
				  74-11-11, as
				  amended.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 5 - ADJUDICATORY PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this Part is to establish regulations that
				  govern adjudicatory proceedings of the Environment Department. This Part is to
				  ensure due process for all the parties and give an orderly structure to the
				  proceedings.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 5 - ADJUDICATORY PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. GENERAL. As used
				in this Part:
(1) "Act" means, as the context
				requires:
(a) the Department of Environment
				Act, NMSA 1978, Chapter 9, Article 7A, and its subsequent amendments and
				successor provisions;
(b) the Air
				Quality Control Act, NMSA 1978, Chapter 74, Article 2, and its subsequent
				amendments and successor provisions;
(c) the Hazardous Waste Act, NMSA 1978,
				Chapter 74, Article 4, and its subsequent amendments and successor
				provisions;
(d) the Solid Waste
				Act, NMSA 1978, Chapter 74, Article 9, and its subsequent amendments and
				successor provisions;
(e) the
				Ground Water Protection Act, NMSA 1978, Chapter 74, Article 6B, and its
				subsequent amendments and successor provisions;
(f) the Tire Recycling Act, NMSA 1978,
				Chapter 74, Article 11, and its subsequent amendments and successor provisions;
				or
(g) any other statute enacted or
				amended by the Legislature and including authority for issuance of compliance
				orders or field citations by the Division or the Secretary or any other
				adjudicatory proceedings as consistent with law;
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 5 - ADJUDICATORY PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.5.200 - PREHEARING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Initiation of Process:
(1) Filing of Request:
				The appeal process governed by this Part shall be initiated by the filing of a
				Request for Hearing and served on the Department and any other party.
(2) Request for Hearing: The Request for
				Hearing shall include an Answer. The Answer shall:
(a) clearly and directly admit or deny each
				of the factual assertions contained in the Compliance Order/Determination; but
				where the Respondent/Complainant has no knowledge of a particular factual
				assertion and so states, the assertion may be denied on that basis. Any
				allegation of the Compliance Order/Determination not specifically denied shall
				be deemed admitted;
(b) indicate
				any affirmative defenses upon which the Respondent/Complainant intends to rely.
				Any affirmative defense not asserted in the Request for Hearing, except a
				defense asserting lack of subject matter jurisdiction, shall be deemed
				waived;
(c) be signed under oath or
				affirmation that the information contained therein is to the best of the
				signer's knowledge believed to be true and correct; and
(d) have a copy of the Compliance
				Order/Determination attached.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 5 - ADJUDICATORY PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.5.300 - DISCOVERY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Scope of
				Discovery:
(1) Grounds: For a ULA Hearing,
				discovery shall be governed by the provisions of the ULA. Discovery of
				information not privileged may be permitted if it meets the following:
(a) the discovery will not unreasonably delay
				the proceeding;
(b) the information
				to be obtained is not unreasonably cumulative or duplicative, or not otherwise
				reasonably obtainable;
(c) the
				discovery is not unreasonably burdensome; and
(d) there is a substantial reason to believe
				that the information sought will be admissible at the hearing or will be likely
				to lead to the discovery of admissible evidence.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 5 - ADJUDICATORY PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.5.400 - HEARING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Evidence:
(1) General: The Hearing Officer
				shall admit all relevant evidence, unless the Hearing Officer determines that
				the evidence is irrelevant, immaterial, unduly repetitious or otherwise
				unreliable or of little probative value. Evidence relating to settlement that
				would be excluded in the courts under SCRA 1986, 11-408 is not
				admissible.
(2) Examination of
				Witnesses: Witnesses shall be examined orally, under oath or affirmation,
				except as otherwise provided in this Part or by the Hearing Officer. Parties
				shall have the right to cross-examine a witness. The Hearing Officer may limit
				cross-examination that is unduly repetitious, harassing or beyond the scope of
				the witness' direct testimony.
(3)
				Exhibits: All exhibits offered in evidence shall be marked with a designation
				identifying the person by whom the exhibit is offered, and numbered serially in
				the sequence in which offered. Large charts and diagrams, models, and other
				bulky exhibits are discouraged. Exhibits should be limited to 8 1/2 by 11
				inches or be capable of being folded to that size, unless otherwise necessary
				for adequate presentation of evidence.
(4) Official Notice: Official notice may be
				taken of any matter that may be judicially noticed in the New Mexico courts. In
				a ULA Hearing, parties shall be given adequate opportunity to show that such
				facts are erroneously noticed.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 5 - ADJUDICATORY PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.5.500 - POST-HEARING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Filing
				the Transcript: Unless otherwise ordered by the Secretary or Hearing Officer,
				The hearing shall be transcribed verbatim. The Hearing Clerk shall promptly
				notify all parties and interested participants of the availability of the
				transcript. Any person desiring a copy of the transcript must order a copy from
				the reporter.
B. Proposed Findings
				and Conclusions: Unless otherwise ordered by the Hearing Officer, within thirty
				(30) days after the filing of the transcript, or within such time as may be
				fixed by the Hearing Officer, any party may submit proposed findings of fact
				and conclusions of law and closing argument. All such submissions shall be in
				writing, served on all parties and contain adequate references to the record
				and authorities relied on. No new evidence shall be presented unless
				specifically allowed by the Hearing Officer.
C. Recommended Decision:
(1) Content: Unless otherwise ordered by the
				Secretary, the Hearing Officer shall issue a recommended decision within thirty
				(30) days after the period for filing of proposed findings and conclusions
				under Section 501 [Subsection B. of this Section] has expired. The recommended
				decision shall contain the following:
(a) the
				Hearing Officer's findings of fact; conclusions regarding all material issues
				of law or discretion, as well as reasons therefor;
(b) if applicable, a review of the penalty
				amount to determine if the agency acted within its discretion in setting the
				penalty amount. If the Hearing Officer decides to recommend a civil penalty
				different in amount or nature from the penalty recommended to be assessed in
				the Compliance Order, the Hearing Officer shall set forth in the recommended
				decision the specific reasons for the change; and
(c) a proposed final order.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 5 - ADJUDICATORY PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.5.600 - ALTERNATE RESOLUTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Summary
				Procedures:
(1) Use of Summary Procedures:
				Under the following limited circumstances, the Secretary may dispose of a
				Request for Hearing after an expedited hearing for:
(a) a motion by a party to dismiss the
				Request for Hearing for jurisdictional defects (i.e. an untimely Request, lack
				of final action); or
(b) a request
				by a party to decide the merits of the Request for Hearing on legal arguments
				presented in writing and oral argument.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 6 - RULEMAKING PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part governs the procedures to be followed by the
				  commission, and by participants before the commission, in connection with all
				  rulemaking hearings before the commission, except to the extent 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 6 - RULEMAKING PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Subsection E of Section
				  74-6-4 NMSA
				  1978 directs the commission to adopt, promulgate and publish regulations.
				  Section
				  74-6-6
				  NMSA 1978 requires a public hearing prior to the adoption, amendment or repeal
				  of a regulation, and specifies requirements for such a hearing. Sections
				  14-4-1
				  through
				  14-4-11
				  NMSA 1978 require specific public notice process and specifies filing
				  requirements with the State Records Administrator.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 6 - RULEMAKING PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 16, 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 6 - RULEMAKING PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objectives of this rule are:
A. to standardize the procedures used in
				rulemaking proceedings before the commission;
B. to encourage public participation in the
				hearings conducted by the commission 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;
D.
				to allow all interested persons a reasonable opportunity to submit data, views
				or arguments orally or in writing; and
E. to assure that commission hearings are
				conducted in a fair and equitable manner.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 6 - RULEMAKING PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this part:
A. "Act" means the Water Quality Act,
				Sections
				74-6-1
				through
				74-6-17
				NMSA 1978.
B. "Commission
				administrator" means the department employee designated by the secretary of
				environment to provide staff support to the commission.
C. "Commission" means the water quality
				control commission.
D. "Constituent
				agency" means any or all agencies of the state defined as such under the
				act.
E. "Department" means the New
				Mexico environment department.
F.
				"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 commission for its consideration,
				but does not include a cover letter accompanying a document transmitted for
				filing.
G. "Exhibit" means any
				document or tangible item submitted for inclusion in the hearing
				record.
H. "General public" means
				any person attending a hearing who has not submitted a notice of intent to
				present technical testimony.
I.
				"Governing law" means the statute, including any applicable case law, which
				authorizes and governs the decision on the proposed regulatory
				change.
J. "Hearing officer" means
				the person designated by the commission to conduct a hearing under this
				part.
K. "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 6 - RULEMAKING PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.6.8 - LIBERAL CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
This part shall be liberally construed to carry out its
				  purpose.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 6 - RULEMAKING PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.6.9 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any provision or application of this part is held invalid,
				  the remainder of this part, or its application to other situations or persons,
				  shall not be affected.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 6 - RULEMAKING PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.6.100 - POWERS AND DUTIES OF THE COMMISSION AND HEARING OFFICER

Current through Register Vol. 35, No. 13, July 16, 2024
A. Commission: The commission shall exercise
				all powers and duties prescribed under the act and this part not otherwise
				delegated to the hearing officer or the commission administrator.
(1) The commission may issue procedural
				orders that either impose additional procedural requirements or simplify the
				procedures provided in this part. In no event, may the commission eliminate any
				procedural requirements of the act.
(2) The appointment of a hearing officer does
				not preclude the commissioners from attending or participating in the
				proceeding.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 6 - RULEMAKING PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.6.101 - 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 them, and service is by mail, three days
				is added to the prescribed period.
B. Extension of time: The commission or
				hearing officer may grant an extension of time for the filing of any document
				upon timely motion of a party to the proceeding, for good cause shown, and
				after consideration of prejudice to other parties.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 6 - RULEMAKING PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.6.102 - GENERAL PROVISIONS - RECUSAL

Current through Register Vol. 35, No. 13, July 16, 2024
No commission 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 commission and the general public by announcing this recusal on the record.
				  In making a decision to recuse himself or herself, the commission 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 6 - RULEMAKING PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.6.103 - GENERAL PROVISIONS - EX PARTE DISCUSSIONS

Current through Register Vol. 35, No. 13, July 16, 2024
At no time after the commission's determination to hold a
				  public hearing on a petition and before the issuance of the commission's
				  written decision 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 commission member or the
				  hearing officer.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 6 - RULEMAKING PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.6.104 - 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 commission administrator.
B. Any person filing any document shall:
(1) provide the commission administrator with
				the original along with up to 15 copies of the document, provided that the
				commission administrator may waive the requirement to provide up to 15 copies
				if an electronic copy of the original is provided in a format acceptable for
				distribution to the commission members;
(2) serve a copy of the document on each
				other party. If a party is represented by an attorney, service of the document
				shall be made on the attorney; and
(3) include a certificate of service, as
				shown in Section 500 of this rule.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 6 - RULEMAKING PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.6.105 - 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 commission. Such documents shall be made available by the commission
				administrator, as appropriate and shall also be made available on the New
				Mexico sunshine portal. If the commission 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
				commission 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 commission 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 6 - RULEMAKING PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.6.200 - 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
				commission to adopt, amend, or repeal any regulation within the jurisdiction of
				the commission.
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 commission to adopt the proposed rules and shall estimate the time that
				will be needed to conduct the hearing. A copy of the entire rule, including the
				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 commission 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 their petition in the form required by these rules.
C. The commission shall determine, at a
				public meeting occurring no later than 90 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
				commission 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 commission 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 6 - RULEMAKING PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.6.201 - NOTICE OF HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Unless
				otherwise allowed by governing law and specified by the commission, the
				commission shall provide to the public notice of the proposed rulemaking at
				least 60 days prior to the hearing.
B. Public notice for proposed regulatory
				changes of general application to the state 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 commission may
				direct or are required by law. Notice for proposed regulatory changes that are
				confined in effect to a specific geographic area shall also be published in a
				newspaper of general circulation in the area affected.
C. 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 the adoption of the 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 commission including information on
				participating in the public hearing;
(6) the location where persons may secure
				copies 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 commission 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 6 - RULEMAKING PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.6.202 - 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. 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, and state the estimated duration of
				the direct oral testimony of that witness;
(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.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 6 - RULEMAKING PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.6.203 - 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 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 6 - RULEMAKING PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.6.204 - 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 their
				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 commission administrator.
C. If the commission changes the date of the
				hearing or the deadline for submitting comments as stated in the notice of
				proposed rulemaking, the commission shall provide to the public notice of the
				change.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 6 - RULEMAKING PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.6.205 - LOCATION OF HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise provided by governing law, the commission
				  shall hold hearings on proposed regulatory changes of statewide application in
				  Santa Fe, and at other places the commission may prescribe. The commission may
				  hold hearings on proposed regulatory changes that are not of statewide
				  application within the area substantially affected by the
				  proposal.