reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.1423 - SUBPOENAS

Current through Register Vol. 35, No. 13, July 16, 2024
The Hearing Officer may issue subpoenas to compel attendance
				  of witnesses and for the production of documents relevant to the
				  Petition.
A. The Hearing Clerk shall,
				upon request by any party and without the necessity for notice to other
				parties, forward the proposed subpoena to the Hearing Officer for issuance. The
				subpoena may be issued with the name and address of the witness blank, to be
				completed by the requesting party.
B. A subpoena must be served on the person to
				whom it is directed at least 7 days before the date set for the
				hearing.
C. Any person to whom the
				subpoena is directed may file a motion to modify the subpoena or quash the
				subpoena (declare it void) within 5 days after service of the subpoena. Unless
				the motion is granted in advance, the person to whom the subpoena is directed
				is expected to be in attendance at the hearing.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.1424 - INTERVENTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person may
				intervene as a matter of right or by permission of the Commission pursuant to
				the criteria set forth in Rule 1-024, NMRA 1998. Any agency represented on the
				Mining Commission pursuant to NMSA 1978, Section 69-36-6(A) (1993) shall be
				permitted to intervene as a matter of right by following the procedures set
				forth in this Section.
B. A person
				seeking to intervene must file and serve upon each party a motion to intervene
				at least 10 days before the hearing. The motion shall include the following
				information:
(1) The name of the person
				seeking to intervene;
(2) A
				pleading setting forth the objections to or support for the Director's action
				which is the subject of the appeal and for which intervention is
				sought;
(3) Unless the person is an
				agency that may intervene as a matter of right, an explanation of why
				intervention should be allowed based upon the criteria set forth in Rule 1-024,
				NMRA 1998;
(4) The name of each
				witness to be called at the hearing;
(5) An estimate of the length of the direct
				testimony of each witness;
(6) A
				summary or outline of the anticipated direct testimony of each witness and, if
				the testimony includes expert opinions, a list of documents or other
				information that provides the basis for those opinions; and
(7) A list of exhibits, if any, to be offered
				into evidence at the hearing.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.1429 - CONDUCT OF HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. In
				most circumstances, the hearing will be conducted in front of the Commission,
				with the Hearing Officer presiding. For good cause, the Commission may delegate
				the authority to take evidence to the Hearing Officer.
B. The Hearing Officer shall conduct the
				hearing to provide a reasonable opportunity for the parties and interested
				participants to present evidence without making the hearing unreasonably long
				or repetitious.
C. Members of
				organizations that are parties or interested participants will appear and
				participate only through counsel or authorized representatives.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.1430 - ORDER OF TESTIMONY

Current through Register Vol. 35, No. 13, July 16, 2024
The Hearing Officer may allow brief opening and closing
				  statements. The Petitioner has the first opportunity to present evidence or
				  argument to support its position. Other parties and interested participants
				  supporting the Petition will then proceed. Following the presentation of
				  evidence in support of the Petition, any party or interested participant
				  opposed to the relief sought in the Petition may produce evidence or argument
				  to support its position. The Hearing Officer may change the order of testimony
				  as needed to accommodate parties, interested participants, witnesses, the
				  public or for other good cause.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.1431 - PREPONDERANCE OF EVIDENCE

Current through Register Vol. 35, No. 13, July 16, 2024
Each matter of controversy raised by the Petition shall be
				  determined by the Commission upon a preponderance of the
				  evidence.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.1432 - EVIDENCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The Hearing
				Officer shall admit any relevant evidence, unless it is immaterial,
				repetitious, or otherwise unreliable. Evidence relating to settlement is not
				admissible.
B. All or portions of
				the administrative record before the Director shall be admitted into evidence
				at the request of any party or interested participant or at the Commission's
				request. The party or interested participant who requested the administrative
				record to be admitted into evidence shall pay for the cost of copies if the
				Commission requests such copies. Copies may be made by any party or interested
				participant so long as the copies match the documents in the record.
C. Witnesses shall be examined orally, under
				oath or affirmation. The Commission, Hearing Officer, parties and interested
				participants shall have the right to cross-examine a witness. The Hearing
				Officer will limit cross-examination that he determines to be unduly
				repetitious, harassment or beyond the scope of the witness' direct
				testimony.
D. All exhibits offered
				in evidence shall be marked with a designation identifying the party or
				interested participant offering the exhibit, and numbered in the sequence in
				which offered.
E. The Hearing
				Officer may take official notice of any matter that may be judicially noticed
				in New Mexico courts.
F. The
				Commission strongly urges the parties to enter into stipulations of fact to
				expedite the hearing process. Any stipulation of facts must be filed with the
				Commission at least 10 business days before the hearing.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.1433 - OBJECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any objection
				concerning the conduct of the hearing may be stated orally or in writing during
				the hearing at the time the issue arises. The party raising the objection must
				supply a short statement of the reasons for the objection. The ruling by the
				Hearing Officer on any objection and the reasons given for it shall be part of
				the record.
B. Whenever evidence is
				excluded from the record, the party offering the evidence may make an offer of
				proof, which shall be included in the record. The offer of proof for excluded
				oral testimony shall consist of a brief statement describing the nature of the
				evidence excluded and what such evidence would have proven. The offer of proof
				for excluded documents or exhibits shall consist of the insertion in the record
				of the documents or exhibits excluded.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.1434 - PARTICIPATION BY THE GENERAL PUBLIC

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any member of the general public may
				present comments in support of or in opposition to a petition at the hearing.
				Such comments may be given orally or in a signed written statement with 12
				copies. Such comments will be included in the record but will not be admitted
				as evidence. The Commission may consider the comments with respect to the
				weight of the evidence presented by the parties or interested participants or
				with respect to interpretation of law or matters of public policy within the
				Commission's jurisdiction and discretion.
B. If written submittals are allowed
				following the hearing, then any member of the general public may offer
				additional comments during the time allowed for such submittals, which shall be
				considered in the same manner as provided in Subsection A of 19.10.14.1434
				NMAC. Comments received after the deadline will not be included in the
				record.
C. Members of the general
				public cannot file motions, need not be served with motions or pleadings filed
				by the parties, and cannot conduct cross-examination of witnesses.
D. Any person who wishes to present evidence
				at the hearing as an interested participant shall, not later than 10 days prior
				to the hearing, file a statement of intent to present evidence and send a copy
				of the statement by first class mail to each party at the address of record
				with the Hearing Clerk. The Hearing Clerk shall provide any interested person
				with the names and mailing addresses of the parties upon request. The statement
				of intent shall include:
(1) the name of the
				person filing the statement;
(2) an
				indication of whether the person supports or opposes the Petition at
				issue;
(3) the name of each witness
				to be called at the hearing;
(4) an
				estimate of the length of the direct testimony of each witness;
(5) a summary or outline of the anticipated
				direct testimony of each witness; and
(6) a list of exhibits, if any, to be offered
				into evidence at the hearing.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.1439 - RECORDING OF THE HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Unless otherwise ordered by the Commission, the Hearing Clerk shall make an
				audio recording of the hearing. Any person, other than the Commission, desiring
				a copy of the audio recording must order a copy from the Hearing Clerk and pay
				for the copying.
B. No later than 5
				days prior to the hearing date, a party may request that the hearing be
				stenographically recorded at the cost of the party. The request shall be in
				writing, filed with the Hearing Clerk, and shall certify that the party hired a
				court reporter and that the court reporter will deliver 13 copies of the
				hearing transcript to the Commission and copies to the parties, if the
				Commission requests such copies.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.1440 - ATTENDANCE BY TELEPHONE

Current through Register Vol. 35, No. 13, July 16, 2024
Commission members may attend a meeting to take any action
				  except on evidentiary matters by telephone if the following requirements are
				  met:
A. The Hearing Clerk is able to
				arrange for a conference telephone or other similar communications equipment at
				the location of the meeting;
B. It
				is difficult or impossible for the Commissioner to attend the meeting in
				person;
C. Each Commissioner
				participating by telephone can be identified when speaking;
D. All participants are able to hear each
				other at the same time;
E. Members
				of the public attending the meeting are able to hear any Commissioner who
				speaks during the open portion of a meeting; and
F. Any documents to be considered in the
				meeting have been provided in advance to Commissioners attending by
				telephone.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.1441 - FINAL ORDER BY COMMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Following the hearing, the Commission may allow a period for written submittals
				from the parties and interested participants and comments from the general
				public. These submittals shall not contain evidence not presented previously.
				The Commission may ask for proposed findings of fact and conclusions of law
				from any or all parties and may ask for objections to proposed findings of fact
				and conclusions of law.
B. If the
				hearing was not held as part of a Commission meeting, then a recommendation
				based on the record shall be made by the Hearing Officer and presented to the
				Commission within 30 days of the hearing or the last day for written submittals
				and comments. The recommendation will include findings of fact, conclusions
				regarding all material issues of law and reasons therefor, and a proposed final
				order. The recommendation shall be sent by the Hearing Clerk to all parties and
				the Commission. The Commission may allow written comments or oral argument
				regarding the recommendation.
C.
				The Commission shall reach a decision at the conclusion of the hearing or at a
				meeting within 30 days after the final deadline for written submittals by the
				parties or the Hearing Officer. After the Commission reaches an oral decision,
				the Commission or Commission counsel shall prepare a final written order.
				Unless otherwise ordered, the Commission shall approve the written order at a
				meeting within 30 days after the oral decision. Commission members may attend
				the meeting by telephone provided the requirements of 19.10.14.1440 NMAC are
				met. The written order shall include a decision granting or denying relief and
				the factual and legal basis for the decision, and may include a dissenting
				opinion.
D. The Hearing Clerk shall
				file the final order in the official public records of the Commission and
				within one day send copies of the final order to each party, interested
				participant and to all other persons who have made written requests for
				notification of the action taken.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.1442 - PENALTY

Current through Register Vol. 35, No. 13, July 16, 2024
For reviews of penalty assessments, the Commission may change
				  the amount and nature of the civil penalty, if any, and shall set forth the
				  reasons for the change. The Petitioner shall pay the full amount of the civil
				  penalty, if any, assessed in the final order within 60 days after receipt of
				  the final order, unless otherwise ordered by the Commission. Payment shall be
				  made by forwarding to the Hearing Clerk a cashier's check or certified check in
				  the amount of the penalty assessed, payable to the fund specified in the
				  Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.1443 - NO AUTOMATIC STAY DURING JUDICIAL REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
The filing of an appeal does not stay any action or payment
				  of penalty required by the final order. The Commission may enter a stay if it
				  is requested by motion prior to any appeal to district court.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.1444 - PREPARATION OF THE RECORD

Current through Register Vol. 35, No. 13, July 16, 2024
The preparation of the record for an appeal or for any other
				  reason shall be the responsibility of the Hearing Clerk. The Appellant shall
				  make satisfactory arrangements for payment for the copies of the record with
				  the Hearing Clerk, including the costs of transcribing the audio recording of
				  the hearing if such transcription is necessary or desired.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.1447 - SETTLEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The Commission encourages the settlement of a proceeding at
				  any time if the settlement is consistent with the provisions and objectives of
				  the Act and Regulations. The Commission may approve a settlement agreement
				  signed by all parties. If the Commission disapproves the settlement agreement,
				  the matter shall proceed as if there had been no settlement
				  agreement.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.1448 - WITHDRAWAL

Current through Register Vol. 35, No. 13, July 16, 2024
A Petitioner may withdraw a petition at any time prior to a
				  decision by the Commission by filing a Notice of Withdrawal with the Commission
				  and serving the Notice on all other parties and upon such withdrawal, the
				  permitting action becomes final.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 14 - MINING COMMISSION ADJUDICATORY REVIEW › Section 19.10.14.1449 - CERTIFICATE OF SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
ATTACHMENT A
[Preferred Format]
NEW MEXICO MINING COMMISSION
IN THE MATTER OF THE PETITION FOR
REVIEW OF THE DIRECTOR'S ACTION
DATED [ ] No.
PERMIT NO. ____________
[NAME OF PETITIONER],
Petitioner
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 the following counsel of record on this ____ day of ____________ , 19__ and
				  hand-delivered to the Clerk of the New Mexico Mining
				  Commission.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 15 - MINING COMMISSION RULEMAKING › Section 19.10.15.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Energy, Minerals and Natural Resources Department, Mining and
				  Minerals Division, and Mining Commission.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 15 - MINING COMMISSION RULEMAKING › Section 19.10.15.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
19.10.15 NMAC applies to persons or entities engaged in
				  rulemaking proceedings before the commission.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 15 - MINING COMMISSION RULEMAKING › Section 19.10.15.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
19.10.15 NMAC is adopted pursuant to the New Mexico Mining
				  Act, Sections
				  69-36-1 to
				  69-36-20 NMSA
				  1978 (1993, as amended), and the State Rules Act, Section
				  14-4-5.8 NMSA
				  1978 (2017).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 15 - MINING COMMISSION RULEMAKING › Section 19.10.15.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 27, 2018, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 15 - MINING COMMISSION RULEMAKING › Section 19.10.15.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objectives of 19.10.15 NMAC are:
A. to establish procedures used in rulemaking
				proceedings before the commission;
B. to encourage the participation in the
				hearings the commission conducts for the promulgation of rules;
C. to make possible the effective
				presentation of the evidence and points of view of parties and members of the
				public; and
D. to assure that
				rulemaking hearings are conducted in a fair and equitable manner.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 15 - MINING COMMISSION RULEMAKING › Section 19.10.15.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
See Section
				  69-36-3
				  NMSA 1978 and
				  19.10.1.7
				  NMAC for definitions. See also Section
				  14-4-2
				  NMSA 1978 (2017) for the definitions of "proceeding", "proposed rule" and
				  "rule".
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 15 - MINING COMMISSION RULEMAKING › Section 19.10.15.8 - LIBERAL CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
19.10.15 NMAC shall be liberally construed to carry out its
				  purpose.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 15 - MINING COMMISSION RULEMAKING › Section 19.10.15.9 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any portion or application of 19.10.15 NMAC is held
				  invalid, the remainder, or its application to other persons or situations,
				  shall not be affected.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 15 - MINING COMMISSION RULEMAKING › Section 19.10.15.10 - POWERS AND DUTIES OF 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 19.10.15 NMAC and not
				otherwise delegated to the hearing officer or the commission
				administrator.
B.
Hearing
				officer.
The commission shall designate a hearing officer for each
				hearing who shall exercise all powers and duties prescribed or delegated under
				19.10.15 NMAC. The hearing officer may be an appointed member of the
				commission. The hearing officer shall conduct a fair and impartial 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 19.10.15 NMAC governs, including, but not limited to:
(1) conducting hearings under 19.10.15
				NMAC;
(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
				commission, preparing and filing a report of the hearing, with recommendations
				for commission action;
(5)
				requesting parties to file original documents with the commission
				administrator; and
(6) requesting a
				party to submit a proposed statement of reason in support of the commission's
				decision.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 15 - MINING COMMISSION RULEMAKING › Section 19.10.15.11 - GENERAL PROVISIONS - COMPUTATION OF TIME

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Computation of time.
In
				computing any time prescribed or allowed by these rules, 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 or her, and service is by mail, three
				days is added to the prescribed period. The three-day extension does not apply
				to any deadline under the act.
B.
Extension of time.
The commission or hearing officer may grant an
				extension of time for the filing of any document upon timely motion of a party
				to the proceeding, for good cause shown, and after consideration of prejudice
				to other parties.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 15 - MINING COMMISSION RULEMAKING › Section 19.10.15.12 - GENERAL PROVISIONS - RECUSAL

Current through Register Vol. 35, No. 13, July 16, 2024
No commission member shall participate in an action for which
				  he or she would be disqualified under Section
				  69-36-6
				  NMSA 1978 of the Mining Act, the Governmental Conduct Act, or any other
				  applicable law.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 15 - MINING COMMISSION RULEMAKING › Section 19.10.15.13 - 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 19.10.15 NMAC, shall the division, 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 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 15 - MINING COMMISSION RULEMAKING › Section 19.10.15.14 - DOCUMENT REQUIREMENTS - FILING AND SERVICE OF DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The filing of
				any document that 19.10.15 NMAC requires shall be accomplished by delivering
				the document to the commission administrator and the commission legal
				counsel.
B. Any person filing any
				document shall:
(1) provide the commission
				administrator with nine original hard copies of the document and one identical
				bookmarked PDF file via email or personal delivery on CD or jump
				drive;
(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 19.10.15
				NMAC shall be filed with the commission administrator at least 20 days before
				any meeting at which the commission will consider the document. If the document
				is a motion seeking an order from the hearing officer in a rulemaking hearing,
				the motion must also be served at the same time with the hearing officer and
				the commission's legal counsel.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 15 - MINING COMMISSION RULEMAKING › Section 19.10.15.15 - 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 on the
				division's website.
B.
Cost
				of duplication.
The person seeking copies of documents shall bear the
				cost of duplicating documents.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 15 - MINING COMMISSION RULEMAKING › Section 19.10.15.16 - PREHEARING PROCEDURES - PETITION FOR RULE 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 rule within the commission's
				jurisdiction.
B. The petition shall
				be in writing and shall include a statement of the reasons for the rule 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 rules hearing, if possible. A copy of the entire rule, including
				the proposed rule 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 his or her petition in the form 19.10.15 NMAC
				requires.
C. The commission shall
				determine at a public meeting within 60 days of submission of a petition for
				rule change whether to hold a hearing on the petition. Any person may respond
				to the petition for rule change either in writing prior to the public meeting
				or in person at the public meeting. If the commission determines not to hold a
				hearing, the commission's determination shall be subject to review as
				contemplated by Section
				69-36-16 NMSA
				1978.
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 19.10.15 NMAC, 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 written testimony prior
				to the hearing or limiting testimony or cross-examination.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 15 - MINING COMMISSION RULEMAKING › Section 19.10.15.17 - RULEMAKING NOTICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				commission shall distribute a notice of proposed rulemaking at least 60 days
				before the hearing on the rule change by:
(1)
				posting the notice on the division website;
(2) posting the notice on the sunshine
				portal;
(3) making the notice
				available in the division's district offices, if any;
(4) sending the notice by mail or electronic
				mail to persons who have made a written request to the commission for advance
				notice of hearings and who have provided a mail or an electronic mail address
				to the commission;
(5) providing
				the notice to the New Mexico legislative council for distribution to
				appropriate interim and standing legislative committees; and
(6) publishing the notice in the New Mexico
				register and in a newspaper of general circulation in the state.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 15 - MINING COMMISSION RULEMAKING › Section 19.10.15.18 - ENTRY OF APPEARANCE

Current through Register Vol. 35, No. 13, July 16, 2024
Any person who is or may be affected by the proposed rule
				  change may file an entry of appearance as a party. The entry of appearance
				  shall be filed no later than 10 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. The filing of a petition
				  or a notice of intent to present technical testimony shall serve as an entry of
				  appearance.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 15 - MINING COMMISSION RULEMAKING › Section 19.10.15.19 - MOTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General.
Any person who has filed an entry of appearance may file
				a motion. 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 19.10.15.14 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 granting 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 the response is served.
F.
Decision.
The hearing officer
				shall decide all motions without a hearing, unless otherwise ordered by the
				hearing officer sua sponte or upon any party's written request. The hearing
				officer shall refer any motion that would effectively dispose of the matter,
				and may refer any other motion to the commission for a decision. A procedural
				motion may be ruled upon prior to the expiration of the time for response; any
				response received thereafter shall be treated as a request for reconsideration
				of the ruling. The hearing officer shall file all original documents with the
				commission administrator.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 15 - MINING COMMISSION RULEMAKING › Section 19.10.15.20 - 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 10 working 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 each
				witness's qualifications, including a description of their educational and work
				background, and the anticipated duration of each witness's testimony;
(3) if the hearing will be conducted at
				multiple locations, indicate the location or locations at which the witnesses
				will be present;
(4) summarize or
				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 rule 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 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 15 - MINING COMMISSION RULEMAKING › Section 19.10.15.21 - PARTICIPATION BY PUBLIC

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				member of the 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 with his or her testimony, so long as the
				exhibit is not unduly repetitious of the testimony.
B. A member of the 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 may be submitted electronically, mailed or
				delivered to the commission administrator.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 15 - MINING COMMISSION RULEMAKING › Section 19.10.15.22 - PARTICIPATION BY CONFERENCE TELEPHONE OR SIMILAR DEVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. A commission member may participate in a
				meeting or hearing of the commission 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 commission who speaks at the meeting or hearing. A commission
				member's participation by such means shall constitute presence in person at the
				meeting or hearing. A commission member who wishes to participate in a
				rulemaking hearing in this manner must receive permission from the hearing
				officer sufficiently in advance of the rulemaking hearing so as to permit the
				commission administrator to arrange for adequate telephone hookup.
B. A witness may participate in a rulemaking
				hearing of the commission 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 rulemaking hearing in this manner must receive permission from
				the hearing officer in advance of the rulemaking hearing. No witness may
				participate in a rulemaking hearing by telephone conference unless he or she
				makes a request sufficiently in advance of the rulemaking hearing to permit the
				commission administrator to arrange for an adequate telephone or electronic
				hookup. Each witness participating remotely 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 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 15 - MINING COMMISSION RULEMAKING › Section 19.10.15.23 - 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 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 hearing's nature and subject matter, 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 the proposed rule 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 public. Members of the
				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 19.10.15.27 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 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 15 - MINING COMMISSION RULEMAKING › Section 19.10.15.24 - TESTIMONY AND CROSS-EXAMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The hearing officer shall allow all interested persons a reasonable opportunity
				to submit arguments and to examine witnesses testifying at the
				hearing.
B. All testimony will be
				taken under oath or affirmation, which may be accomplished in mass or
				individually.
C. The hearing
				officer shall admit any relevant evidence, unless the hearing officer
				determines that the evidence is 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.
D.
				Any person who testifies at the hearing may be 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 may conduct such
				cross-examination if 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 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 15 - MINING COMMISSION RULEMAKING › Section 19.10.15.25 - EXHIBITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person
				offering an exhibit at hearing shall provide at least an original and 12 copies
				for the commission, and a sufficient number of copies for persons attending the
				hearing.
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 or she 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 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 15 - MINING COMMISSION RULEMAKING › Section 19.10.15.26 - TRANSCRIPT OF PROCEEDINGS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless specified by the commission or hearing officer, an
				  audio recording and index shall be made of the hearing. If the hearing officer
				  allows verbatim stenographic transcripts, the petitioner shall bear the cost of
				  the original verbatim transcript of the proceeding and of providing a copy for
				  each commission member and commission counsel.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 15 - MINING COMMISSION RULEMAKING › Section 19.10.15.27 - 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 time following the hearing's conclusion for written submission of
				  additional evidence, comments and arguments and proposed statements of reasons.
				  The hearing officer's determination shall be announced at the hearing's
				  conclusion. 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 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 15 - MINING COMMISSION RULEMAKING › Section 19.10.15.28 - HEARING OFFICER'S REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
If the commission 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
				  commission, and shall be filed with the commission administrator within the
				  time specified by the commission. The commission 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 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 15 - MINING COMMISSION RULEMAKING › Section 19.10.15.29 - DELIBERATION AND DECISION

Current through Register Vol. 35, No. 13, July 16, 2024
A. If a
				quorum of the commission attended at the hearing, and if the hearing notice
				indicated that a decision might be made at the hearing's conclusion, the
				commission may immediately deliberate and decide on the proposed
				rule.
B. If the commission does not
				reach a decision at the hearing's conclusion, the commission administrator,
				following receipt of the transcript, will promptly furnish a copy of the
				transcript to each member that did not attend the hearing and, if necessary, to
				other members, commission counsel and the hearing officer. Exhibits provided to
				those persons at the time of the hearing need not be supplied again.
C. The commission shall reach its decision on
				the proposed rule within 60 days following the close of the record or the date
				the hearing officer's report is filed, whichever is later.
D. If the commission determines during its
				deliberations that additional testimony or documentary evidence is necessary
				for a proper decision on the proposed rule change, the commission may,
				consistent with the requirements of due process, reopen the hearing for such
				additional evidence only.
E. The
				commission shall issue its decision on the proposed rule change in a suitable
				format, which shall include its reasons for the action taken.
F. The commission's written decision is the
				official version of the commission's action, and the reasons for that action.
				Other written or oral statements by commission members are not recognized as
				part of the commission's official decision or reasons.
G. The adoption of the commission's written
				decision shall constitute the adoption of the rule. Within 15 days after
				adoption of the written decision, the commission shall file the rule and the
				written decision in accordance with the State Rules Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 15 - MINING COMMISSION RULEMAKING › Section 19.10.15.30 - NOTICE OF COMMISSION ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
The commission administrator shall provide notice of the
				  commission's action in accordance with the State Rules Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 15 - MINING COMMISSION RULEMAKING › Section 19.10.15.31 - APPEALS AND STAYS - APPEAL OF RULES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Appeal of any rule change by the
				commission shall be taken in accordance with governing law.
B. The appellant shall serve a copy of the
				notice of appeal on the commission and on each party.
C. The appellant shall be responsible for
				preparation of a sufficient number of copies of the hearing record at the
				appellant's expense.
D. Unless
				otherwise provided by governing law, the filing of an appeal shall not act as a
				stay of the rule change being appealed.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 1 - GENERAL PROVISIONS › Section 19.11.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Geothermal Resources Development Act, Section
				  71-9-1 et
				  seq. NMSA 1978 (2016).