New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 81 - ADJUDICATORY PROCEDURES- -AIR QUALITY CONTROL BOARD › Section 20.11.81.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions in 20.11.81 NMAC, the
				  definitions in 20.11.1 NMAC apply unless there is a conflict between
				  definitions, in which case the definition in 20.11.81 NMAC shall govern.
A. "30-day hearing procedure" means that the
				regulation that authorizes or requires the board to hold a hearing on the
				merits pursuant to 20.11.81 NMAC also requires the board to hold the hearing on
				the merits within 30 days of the timely filing of the petition for
				hearing.
B. "60-day hearing
				procedure" means that the regulation that authorizes or requires the board to
				hold a hearing on the merits pursuant to 20.11.81 NMAC also requires the board
				to hold the hearing on the merits within 60 days of the timely filing of the
				petition for hearing.
C. "Act"
				means the Air Quality Control Act, Chapter 74, Article 2 NMSA 1978, and its
				subsequent amendments and successor provisions.
D. "Applicant" means a person who has applied
				for or has been issued an air quality permit by the department, unless a
				different procedure is required by another board regulation.
E. "Board" means the Albuquerque-Bernalillo
				county air quality control board or its successor agency under the
				act.
F. "Days" means consecutive
				days except as otherwise specifically provided.
G. "Department" means the city of Albuquerque
				environmental health department, or the department's successor
				agency.
H. "Docket" means, when
				used as a noun, the list compiled by the hearing clerk, and includes all
				documents filed by or with the hearing clerk from the beginning to the end of
				the procedure authorized by 20.11.81 NMAC, but does not include the
				administrative record or the law of the case and, when used as a verb, also
				means the act of assigning an individual number to a newly-opened case or
				filing a document in and listing the document on the docket.
I. "Document" means any pleading, motion,
				response, memorandum, decision, order or other written material or tangible
				item that is filed or brought to or before the board for its consideration in a
				proceeding pursuant to 20.11.81 NMAC, but does not include the cover letter
				that accompanies a document transmitted for filing.
J. "Ex parte contact" means oral or other
				communication with a board member or a board hearing officer regarding the
				merits of an expected or pending petition or related proceeding if:
(1) the communication is made by a person who
				is not a board member, hearing clerk or hearing officer;
(2) the person communicating knows or has
				reason to know a petition will be or has been filed pursuant to 20.11.81
				NMAC;
(3) the communication is made
				without all other parties being present or receiving the same communication
				received by the board member or board hearing officer; and
(4) the communication is intended to affect,
				or reasonably may be expected to affect the board member's or the hearing
				officer's opinion regarding the merits of the expected or pending petition or
				related proceeding.