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 20.11.81.18 - POST-HEARING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Filing
				the transcript: Unless the board orders the hearing to be tape recorded, or
				recorded by other means, the hearing shall be transcribed verbatim by a court
				reporter. Any person, other than the board, who wants a copy of a transcript
				from the court reporter, shall pay the court reporter for the transcript copy.
				Any person, other than the board, who wants a copy of hearing tapes must
				arrange with the hearing clerk to have the tapes copied and shall pay for the
				copy of the tapes before the hearing clerk delivers the copy of the tapes to
				the person requesting the copy.
B.
				Proposed findings of fact and conclusions of law: The hearing officer may allow
				the record to remain open for a reasonable period of time after the conclusion
				of the hearing on the merits in order to allow any party or interested
				participant to submit proposed findings of fact and conclusions of law and a
				closing argument, but the hearing officer shall not allow the record to remain
				open solely because closing arguments will be made before the board. At the
				conclusion of the evidentiary hearing held by the hearing officer, the hearing
				officer shall state whether the parties may submit findings, conclusions and
				closing arguments and the deadlines for submission. All such submissions shall
				be in writing, shall be served upon all parties, and shall contain adequate
				references to the record and authorities relied upon. After the conclusion of
				the evidentiary hearing before the hearing officer, no new evidence shall be
				presented unless specifically allowed by the hearing officer for good
				cause.
C. Recommended decision: If
				the board directs, the hearing officer shall issue a recommended decision
				within a period established by the board. The recommended decision shall
				contain the hearing officer's findings of fact, conclusions regarding all
				material issues of law or discretion, reasons for the recommended decision, and
				a proposed final order. Upon receipt of the hearing officer's recommended
				decision, the hearing clerk shall forward a copy to all parties and to the
				board. At the board's or the hearing officer's discretion, any party or
				interested participant may file comments regarding the hearing officer's
				recommended decision.
D.
				Deliberation and decision:
(1) Deliberation:
				At the end of the hearing on the merits or at a board meeting, the board shall
				reach a final decision on each adjudicatory matter.
(a) If allowed by the Open Meetings Act,
				Chapter 10, Article 15 NMSA 1978, the board may deliberate in closed session.
				However, any final action must occur in an open meeting.
(b) If a quorum of the board attended the
				hearing and the hearing notice indicated that the board may act at the
				conclusion of the hearing, the board may immediately deliberate and act on the
				matter.
(c) If the board does not
				reach a decision at the hearing on the merits or at a board meeting held
				promptly after the hearing, then, after the hearing clerk receives the
				transcript, the hearing clerk shall promptly provide a copy of the transcript
				and exhibits to the hearing officer and to board members who did not attend the
				hearing and who are qualified to vote on the decision. If requested, the
				hearing clerk shall provide a copy of the transcript to other board members and
				board counsel. The hearing clerk shall notify all parties and interested
				participants of the availability of the transcript.