reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 6 - RULEMAKING PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.6.206 - PARTICIPATION BY CONFERENCE TELEPHONE OR OTHER SIMILAR DEVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. A member of the
				commission 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 needs to
				participate in this manner must notify the commission administrator
				sufficiently in advance so as to permit the commission administrator to arrange
				for the appropriate communications equipment.
B. A witness may participate in a hearing of
				the commission by means of a conference telephone 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 needs to
				participate in this manner must receive permission from the hearing officer
				sufficiently in advance of the hearing so as to permit the commission
				administrator to arrange for the appropriate communications equipment. Each
				witness participating in this manner 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 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 6 - RULEMAKING PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.6.207 - MOTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. General: 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
				20.1.6.104
				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 the granting of 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 service of the response.
F. Decision: Non-dispositive motions may be
				decided by the hearing officer without a hearing. The hearing officer shall
				refer any motion that would effectively dispose of the matter to the commission
				for a decision, and may refer any other motion to the commission. 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 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 6 - RULEMAKING PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.6.300 - 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 so as 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 nature and subject matter of the hearing 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 its case 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 general public. Members of the general 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
				20.1.6.304
				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 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 6 - RULEMAKING PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.6.301 - TESTIMONY AND CROSS-EXAMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				All testimony will be taken under oath or affirmation which may be accomplished
				in mass or individually.
B. The
				hearing officer shall admit any relevant evidence, unless the hearing officer
				determines that the evidence is incompetent or 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.
C. Any person who testifies at the hearing is
				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 is entitled to conduct such cross-examination as may be 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 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 6 - RULEMAKING PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.6.302 - EXHIBITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person
				offering an exhibit at hearing other than a document filed and served before
				the hearing shall provide at least an original and 15 copies for the
				commission, and a sufficient number of copies for every other party.
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 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 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 6 - RULEMAKING PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.6.303 - TRANSCRIPT OF PROCEEDINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Unless
				specified by the commission or the hearing officer, a verbatim transcript shall
				be made of the hearing, including any deliberations. The cost of the original
				transcript of the proceeding and of providing a copy for each commission member
				shall be borne by the petitioner.
B. Any person may obtain a copy of the
				transcript of a proceeding. It shall be obtained directly from the court
				reporter, and the cost of the transcript shall be paid directly to the
				source.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 6 - RULEMAKING PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.6.304 - 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 period of time following the conclusion of the hearing for written
				  submission of additional evidence, comments and arguments, revised proposed
				  rule language, and proposed statements of reasons. The hearing officer's
				  determination regarding post-hearing submissions shall be announced at the
				  conclusion of the hearing. 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 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 6 - RULEMAKING PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.6.305 - 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 or
				  opposing 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 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 6 - RULEMAKING PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.6.306 - DELIBERATION AND DECISION

Current through Register Vol. 35, No. 13, July 16, 2024
A. If
				a quorum of the commission attended the hearing, and if the hearing notice
				indicated that a decision might be made at the conclusion of the hearing, the
				commission may immediately deliberate and make a decision on the proposed
				regulatory change.
B. If the
				commission does not reach a decision at the conclusion of the hearing, the
				commission administrator, following receipt of the transcript, will promptly
				furnish a copy of the transcript to each commission member that did not attend
				the hearing and, if necessary, to other commission 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 regulatory change within 60 days following the close of the record
				or the date the hearing officer's report is filed, whichever is
				later.
D. If, during the course of
				its deliberations, the commission determines that additional testimony or
				documentary evidence is necessary for a proper decision on the proposed
				regulatory 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 regulatory 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. If the
				commission fails to act on a proposed rule within two years after the notice of
				proposed rulemaking is published in the New Mexico register, the rulemaking is
				automatically terminated unless the commission acts to extend the period for an
				additional two years by filing a statement of good cause for the extension in
				the rulemaking record. If the commission extends the rulemaking period, it
				shall provide for additional public participation, comments, and hearing prior
				to adopting the rule.
H. The
				commission may terminate a rulemaking at any time by publishing a notice of
				termination in the New Mexico register. If the commission terminates a
				rulemaking in this manner, it shall provide to the public notice of its
				action.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 6 - RULEMAKING PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.6.307 - NOTICE OF COMMISSION ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The commission administrator shall provide to the public notice of the
				commission's action and a concise explanatory statement.
B. The adopted rule shall not take effect
				unless within 15 days of adoption of the rule, the commission delivers the
				final rule to the state records administrator, accompanied by a concise
				explanatory statement that contains:
(1) the
				date that the commission adopted the rule;
(2) a reference to the specific statutory
				authority authorizing the rule; and
(3) any findings required by law for adoption
				of the rule.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 6 - RULEMAKING PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.6.400 - APPEAL OF REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Appeal
				of any regulatory 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 expense of appellant.
D. Unless otherwise provided by governing
				law, the filing of an appeal shall not act as a stay of the regulatory change
				being appealed.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 6 - RULEMAKING PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.6.401 - STAY OF COMMISSION REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person who is or may be affected by a
				rule adopted by the commission may file a motion with the commission seeking a
				stay of that rule or regulatory change. The motion shall include the reason
				for, and the legal authority supporting, the granting of a stay. The movant
				shall file and serve the motion in accordance with the requirements of Section
				104 of this part at least 30 days before the meeting at which the commission
				will consider the motion. The commission chair will decide at which meeting the
				motion will be heard.
B. Unless
				otherwise provided by governing law, the commission may grant a stay pending
				appeal of any regulatory change promulgated by the commission. The commission
				may only grant a stay if good cause is shown after a motion is filed and a
				hearing is held.
C. In determining
				whether good cause is present for the granting of a stay, the commission, upon
				at least a two-thirds vote of the members voting shall consider:
(1) the likelihood that the movant will
				prevail on the merits of the appeal;
(2) whether the moving party will suffer
				irreparable harm if a stay is not granted;
(3) whether substantial harm will result to
				other interested persons; and
(4)
				whether harm will ensue to the public interest.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 6 - RULEMAKING PROCEDURES - WATER QUALITY CONTROL COMMISSION › Section 20.1.6.500 - PREFERRED FORMAT

Current through Register Vol. 35, No. 13, July 16, 2024
STATE OF NEW MEXICO
WATER QUALITY CONTROL COMMISSION
IN THE MATTER OF PROPOSED
AMENDMENTS TO ______ NMAC,
[Name of Petitioner],
Petitioner.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the
				  foregoing [name of document] was served by [hand-delivery] [first class mail]
				  [email] to all parties on [date].
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 7 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 20.1.7.1 - ISSUING AGENCY[IES]

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Environment Department and Water Quality Control
				  Commission, and any other agency that may adopt this Part by
				  reference.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 7 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 20.1.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This Part applies to disciplinary proceedings by an issuing
				  agency pursuant to the Parental Responsibility Act against a license,
				  certificate, registration or permit required to engage in a profession or
				  occupation.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 7 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 20.1.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This Part is adopted pursuant to the Parental Responsibility
				  Act, NMSA 1978, Sections
				  40-5A-1 to
				  40-5A-13, the
				  Department of Environment Act, Section
				  9-7A-6,
				  and the following licensing laws:
A.
				Utility Operators Certification Act, NMSA 1978, Sections
				61-33-1 et
				seq.;
B. Hazardous Waste Act, NMSA
				1978, Section
				74-4-4.4;
				and
C. Solid Waste Act, NMSA 1978,
				Section 74-9-8(N).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 7 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 20.1.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This Part is intended to implement the requirements of the
				  Parental Responsibility Act as they apply to the issuance, renewal, suspension
				  or revocation of any license, certificate, registration or permit required to
				  engage in a profession or license by an issuing agency.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 7 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 20.1.7.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All terms
				defined in the Parental Responsibility Act shall have the same meanings in this
				Part unless defined below.
B. As
				used in this Part:
(1) "Agency" means, as the
				context requires, either the New Mexico Environment Department, the Water
				Quality Control Commission or any other agency that adopts this Part by
				reference. The Water Quality Control Commission delegates to the Environment
				Department the administration and enforcement of this Part except for the
				conducting of hearings and the issuance of final orders;
(2) "HSD" means the New Mexico Human Services
				Department;
(3) "license" means a
				license, certificate, registration or permit issued by an Agency that a person
				is required to have to engage in a profession or occupation in New
				Mexico;
(4) "Statement of
				Compliance" means a certified statement from HSD stating that an applicant or
				licensee is in compliance with a judgment and order for support; and
(5) "Statement of Non-compliance" means a
				certified statement from HSD stating that an applicant or licensee is not in
				compliance with a judgment and order for support.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 7 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 20.1.7.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
DISCIPLINARY PROCEEDINGS:
A. Disciplinary Action: If an applicant or
				licensee is not in compliance with a judgment and order for support, the
				Agency:
(1) Shall deny an application for a
				license;
(2) Shall deny the renewal
				of a license; and
(3) Has grounds
				for suspension or revocation of a license.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 8 - ENVIRONMENTAL IMPROVEMENT BOARD OPEN MEETINGS › Section 20.1.8.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part governs meetings conducted by the environmental
				  improvement board in addition to the requirements of 20.1.1 NMAC, except to the
				  extent that this part may be inconsistent with state law.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 8 - ENVIRONMENTAL IMPROVEMENT BOARD OPEN MEETINGS › Section 20.1.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This part is adopted pursuant to Sections
				  50-9-12,
				  74-1-9,
				  74-2-6,
				  74-3-5,
				  74-4-5
				  and
				  74-9-27
				  NMSA 1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 8 - ENVIRONMENTAL IMPROVEMENT BOARD OPEN MEETINGS › Section 20.1.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
08-27-06, 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 8 - ENVIRONMENTAL IMPROVEMENT BOARD OPEN MEETINGS › Section 20.1.8.8 - OPEN MEETINGS RESOLUTION

Current through Register Vol. 35, No. 13, July 16, 2024
The board shall annually adopt an open meetings resolution,
				  in accordance with the Open Meetings Act.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 8 - ENVIRONMENTAL IMPROVEMENT BOARD OPEN MEETINGS › Section 20.1.8.9 - BOARD MEMBER PARTICIPATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Pursuant to the provisions of the Open Meetings Act, a board member may
				participate in a meeting of the board by means of a conference telephone or
				other similar communications equipment when it is otherwise difficult or
				impossible for the board member to attend the meeting in person.
B. Each board member participating by
				conference telephone 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 meeting must be able to hear any board member who speaks during the
				meeting.
C. Participation by such
				means shall constitute presence in person at the meeting.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 8 - ENVIRONMENTAL IMPROVEMENT BOARD OPEN MEETINGS › Section 20.1.8.10 - PROCEDURE OF BOARD MEETINGS

Current through Register Vol. 35, No. 13, July 16, 2024
Robert's Rules of Order shall generally govern the procedure
				  of the board meetings except as otherwise provided for by relevant statute or
				  by the board rules.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 8 - ENVIRONMENTAL IMPROVEMENT BOARD OPEN MEETINGS › Section 20.1.8.11 - ELECTION OF BOARD OFFICERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. At
				its last regular meeting of every calendar year, the board shall elect from its
				members the following officers: chair, vice-chair and secretary.
B. A member shall not be elected to the same
				office for more than two (2) consecutive years.
C. The board shall fill a vacancy in any of
				these offices at its next regular meeting after the vacancy occurs.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 8 - ENVIRONMENTAL IMPROVEMENT BOARD OPEN MEETINGS › Section 20.1.8.12 - DUTIES OF BOARD CHAIR

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				chair of the board shall preside at all meetings; shall appoint all committees;
				shall sign all certificates of registration, vouchers and other official
				documents; and shall otherwise perform all duties pertaining to the office of
				the chair.
B. The vice-chair of the
				board shall, in the absence or incapacity of the chair, exercise the duties and
				shall possess all the powers of the chair.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 8 - ENVIRONMENTAL IMPROVEMENT BOARD OPEN MEETINGS › Section 20.1.8.13 - DUTIES OF BOARD SECRETARY

Current through Register Vol. 35, No. 13, July 16, 2024
The secretary of the board shall be responsible for insuring
				  the timely preparation of meeting minutes and shall consult with the board
				  administrator in responding to requests made pursuant to the Inspection of
				  Public Records Act.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 8 - ENVIRONMENTAL IMPROVEMENT BOARD OPEN MEETINGS › Section 20.1.8.14 - MEETING AGENDA

Current through Register Vol. 35, No. 13, July 16, 2024
A. The board
				chair and vice-chair shall work with the board administrator in preparing and
				setting the agenda for all board meetings.
B. A board member who wishes to place an item
				on the meeting agenda must submit a request to the board chair and vice-chair
				at least fifteen (15) days in advance of the meeting at which the board member
				wishes the matter to be heard.
C.
				Any other person who wishes to place an item on the meeting agenda must submit
				a request in writing to the board chair and vice-chair at least twenty (20)
				days in advance of the meeting at which the person wishes the matter to be
				heard.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 8 - ENVIRONMENTAL IMPROVEMENT BOARD OPEN MEETINGS › Section 20.1.8.15 - MEETING ATTENDANCE

Current through Register Vol. 35, No. 13, July 16, 2024
Any board member failing to attend three (3) consecutive
				  meetings after receiving proper notice shall be recommended for removal by the
				  governor.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 9 - RULEMAKING PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.9.2 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This part is adopted pursuant to Section
				  3-29-9, Subsection D of
				  Section
				  9-7A-6,
				  and Sections
				  14-4-1
				  through
				  14-4-11
				  NMSA 1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 9 - RULEMAKING PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.9.3 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part governs the procedures in all regulatory change
				  hearings before the department pursuant to the Department of Environment Act,
				  Subsection D of Section
				  9-7A-6
				  NMSA 1978; the Sanitary Projects Act, Sections
				  3-29-1
				  through
				  3-29-20
				  NMSA 1978; and the State Rules Act Sections
				  14-4-1
				  through
				  14-4-11
				  NMSA 1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 9 - RULEMAKING PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.9.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 11, 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 9 - RULEMAKING PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purposes of this part are:
A. to standardize the procedures used in
				rulemaking proceedings before the department pursuant to the Department of
				Environment Act, the Sanitary Projects Act, and the State Rules Act;
B. to encourage public participation in the
				regulatory change hearings conducted by the department pursuant to the
				Department of Environment Act and Sanitary Projects Act;
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 rulemaking proceedings pursuant to the Department of Environment
				Act, the Sanitary Projects Act, and the State Rules Act are conducted by the
				department in a fair and equitable manner.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 9 - RULEMAKING PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.9.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this part:
A.
"department"
means the New
				Mexico environment department;
B.
"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 is brought to or before the secretary for
				consideration, but does not include a cover letter accompanying a document
				transmitted for filing;
C.
"exhibit"
means any document or tangible item submitted for
				inclusion in the hearing record;
D.
"general public"
includes any person attending a hearing who has
				not submitted a notice of intent to present technical testimony;
E.
"governing law"
means the
				statute, including any applicable case law, which authorizes and governs the
				decision on the proposed regulatory change;
F.
"hearing clerk"
means the
				department employee designated by the secretary as the hearing clerk for the
				department;
G.
"hearing
				officer"
means the person designated by the secretary of the department
				to conduct a hearing under this part; the hearing officer may be an employee of
				the department;
H.
"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 9 - RULEMAKING PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.9.8 - POWERS AND DUTIES OF THE DEPARTMENT AND HEARING OFFICER

Current through Register Vol. 35, No. 13, July 16, 2024
A. Department: The secretary of the
				department shall exercise all powers and duties prescribed by Subsection D of
				Section
				9-7A-6
				or Section
				3-29-9 NMSA 1978, and by
				this part, and not otherwise delegated to the hearing officer. The secretary
				shall have the authority to take all measures necessary and appropriate to
				maintain an orderly, efficient and fair proceeding.
B. Hearing officer: The secretary shall
				designate a hearing officer for each hearing who shall exercise all powers and
				duties prescribed or delegated under this part. The hearing officer shall
				conduct a fair and equitable 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 or the efficient, fair, and
				impartial consideration of issues arising in proceedings governed by this part,
				including, but not limited to:
(1) conducting
				hearings under this part;
(2)
				ruling on motions and procedural requests that do not seek final resolution of
				the proceeding, and issuing all necessary orders;
(3) administering oaths and affirmations,
				admitting or excluding evidence, examining witnesses, and allowing post-hearing
				submissions;
(4) making such orders
				as may be necessary to preserve decorum and to protect the orderly hearing
				process;
(5) if requested by the
				secretary, preparing and filing a report of the hearing, with recommendations
				for the secretary's action;
(6)
				requesting parties to file original documents with the secretary's hearing
				office administrator; and
(7)
				requesting a party to submit a proposed statement of reasons in support of the
				secretary's decision.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 9 - RULEMAKING PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.9.9 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Liberal
				construction: This part shall be liberally construed to carry out its
				purpose.
B. Severability: If any
				part or application of this part is held invalid, the remainder of this part or
				its application to other persons or situations shall not be affected.
C. 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.
D. Extension of time: The secretary 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 9 - RULEMAKING PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.9.10 - DOCUMENT REQUIREMENTS - FILING, SERVICE, AND EXAMINATION

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 secretary's hearing office administrator.
B. Any person filing any document shall:
(1) provide the secretary's administrator
				with the original document;
(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.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 9 - RULEMAKING PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.9.11 - EX PARTE DISCUSSIONS

Current through Register Vol. 35, No. 13, July 16, 2024
At no time after the filing of a petition under this part
				  shall any petitioner or member of the public discuss ex parte the merits of the
				  proceeding with the secretary or hearing officer. This prohibition does not
				  preclude department staff who are not and have not been involved in the
				  petition from conferring with the secretary or hearing
				  officer.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 9 - RULEMAKING PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.9.12 - PREHEARING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Petition for regulatory changes.
(1) Any
				person, including the department, may file a petition with the secretary to
				adopt, amend or repeal any regulation within the jurisdiction of the
				secretary.
(2) If the department is
				the petitioner and intends to file a petition under the Sanitary Projects Act,
				the department shall prepare the proposed regulatory change in consultation
				with representatives of the associations as defined in Section
				3-29-2 NMSA
				1978.
(3) The petition shall be in
				writing and shall include a statement of reasons for the regulatory change. The
				proposed regulatory change, indicating any language to be added or deleted,
				shall be attached to the petition.
(4) The secretary shall determine no later
				than 60 days after receipt of the petition whether or not to hold a public
				hearing on the petition.
(5) If the
				secretary determines to hold a public hearing on the petition, the secretary
				may issue such orders specifying procedures for the conduct of the hearing, in
				addition to those provided by this part, as may be necessary and
				appropriate.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 9 - RULEMAKING PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.9.13 - 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 15 days prior to the hearing, file a notice of
				intent to present technical testimony with the secretary's hearing office
				administrator. 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 education 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;
(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, including any proposed statement
				of reasons for adoption of rules.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 9 - RULEMAKING PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.9.14 - 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 with the secretary's hearing office
				  administrator 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 9 - RULEMAKING PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.9.15 - PARTICIPATION BY CONFERENCE TELEPHONE OR OTHER SIMILAR DEVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A witness may participate in a rulemaking hearing before the
				  secretary 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 or the secretary sufficiently in advance of the rulemaking hearing. No
				  witness may participate in a rulemaking hearing by telephone conference unless
				  the witness makes a request sufficiently in advance of the rulemaking hearing
				  so as to permit the secretary's hearing office administrator to arrange for an
				  adequate telephone hookup. Each witness participating by telephone 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 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 9 - RULEMAKING PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.9.16 - MOTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. General: 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
				20.1.9.10
				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 the granting of 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 service of the response.
F. Decision: All motions shall be decided by
				the hearing officer without a hearing, unless otherwise ordered by the hearing
				officer
sua sponte
or upon written request of any party. The
				hearing officer shall refer any motion that would effectively dispose of the
				matter, and may refer any other motion, to the secretary 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 secretary's hearing office administrator.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 9 - RULEMAKING PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.9.17 - 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 so as 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 nature and subject matter of the hearing 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 its case 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 the members of the general public. Members of the general 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 20.1.9.21 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 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 9 - RULEMAKING PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.9.18 - TESTIMONY AND CROSS-EXAMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				All testimony will be taken under oath or affirmation which may be accomplished
				en masse or individually.
B. The
				hearing officer shall admit any relevant evidence, unless the hearing officer
				determines that the evidence is incompetent or unduly repetitious. The hearing
				officer shall require all oral testimony be limited to the position of the
				witness in favor or against the proposed rule.
C. Any person who testifies at the hearing is
				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 is entitled to conduct such cross-examination as may be 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 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 9 - RULEMAKING PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.9.19 - EXHIBITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person
				offering an exhibit at hearing, other than a document filed and served before
				the hearing, shall provide an original for the secretary and a sufficient
				number of copies for every other party.
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 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 9 - RULEMAKING PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.9.20 - TRANSCRIPT OF PROCEEDINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Unless
				specified by the secretary or hearing officer, a verbatim transcript shall be
				made of the hearing. The cost of the original transcript of the proceeding and
				of providing a copy for each member shall be borne by the petitioner.
B. Any person may obtain a copy of the
				transcript of a proceeding. It shall be obtained directly from the court
				reporter, and the cost of the transcript shall be paid directly to the
				source.