reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 72 - HEALTH, ENVIRONMENT AND EQUITY IMPACTS › Section 20.11.72.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions in 20.11.72 NMAC, the
				  definitions in 20.11.1 NMAC apply unless there is a conflict between
				  definitions, in which case the definition in 20.11.72 NMAC shall govern.
A.
"Best Available Control
				Technology"
or
"BACT"
means the same in 20.11.72 NMAC as it
				is defined in Subsection M of
				20.11.61.7 NMAC.
B.
"Environmental Factors"
shall
				include particulate matter 2.5 microns or less (annual average PM 2.5 levels in
				air), ozone (average of the annual top ten daily maximum 8-hour ozone
				concentrations in air), diesel particulate matter (diesel particulate matter
				level in air), annual toxic releases (in pounds), and traffic proximity and
				volume (count of vehicles (average annual daily traffic) at major roads within
				500 meters, divided by the distance in meters).
C.
"Health Indicators"
shall
				include asthma prevalence among adults 18 years of age and older, asthma
				prevalence among children 17 years of age and younger, chronic obstructive
				pulmonary disease (COPD) prevalence among adults 18 years of age and older,
				cardiovascular disease prevalence among adults 18 years of age and older,
				age-adjusted cancer incidence per 100,000 population, persons with
				disabilities, and life expectancy.
D.
"Overburdened Area"
means the
				twenty percent of census block groups in Bernalillo County that experience the
				highest cumulative environmental and public health stressors (using the most
				recent version of the Environmental Protection Agency's Environmental Justice
				(EJ) Screen and New Mexico Department of Health's New Mexico Indicator Based
				Information System (NMIBIS) as on-line resources), considering at least the
				following: environmental factors, health indicators, and social determinants of
				health indicators as defined in this regulation.
E.
"Social Determinants of Health
				Indicators"
shall include percent of population age 25 years and older
				who do not have a high school diploma or equivalent, percent of households with
				a total household income below two hundred percent of the federal poverty
				level, percent of population over the age of five that speak a language other
				than English at home and who speak English less than "very well", and percent
				of population that is non-white, and also those who list their ethnicity as
				Hispanic or Latino.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 72 - HEALTH, ENVIRONMENT AND EQUITY IMPACTS › Section 20.11.72.8 - OVERBURDENED AREA REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The City of
				Albuquerque Environmental Health Department (department) shall, in consultation
				with the public and using the latest and best available science and data on
				health and the environment, develop a GIS map, along with map layers displaying
				environmental factors, health indicators, and social determinants of health
				indicators, representing overburdened areas in Bernalillo County.
B. The department shall publish and provide
				public notice of the overburdened areas map developed per Subsection A of
				20.11.72.8 NMAC by January 1, 2025
				and, for purposes of 20.11.72 NMAC, the map shall go into effect on July 1,
				2025. The department may make minor adjustments to correct errors and for other
				significant concerns based on public input per Subsections A & B of
				20.11.72.9 NMAC in the six months
				before the overburdened area map goes into effect.
C. The department shall require every new or
				modified stationary source subject to permitting under 20.11.41 NMAC, 20.11.60
				NMAC, or 20.11.61 NMAC that is located, or proposed to be located, in or within
				a one-mile radius of an overburdened area, as indicated by the overburdened
				areas map in effect as of the permit application date, to apply BACT even if
				the new or modified stationary source is not a major stationary
				source.
D. The department shall
				require BACT for new or modified stationary sources throughout Bernalillo
				County that emit any one, or combination of, the following fifteen hazardous
				air pollutants (HAPs): acetaldehyde, acrolein, benzene, 1,3-butadiene, carbon
				tetrachloride, ethyl benzene, ethylene oxide, formaldehyde, hydrochloric acid,
				methyl bromide, methylene chloride, naphthalene, toluene, vinyl chloride, and
				xylenes.
E. The department shall,
				in consultation with the public and using the latest and best available science
				on health and the environment, update its overburdened areas map when a change
				in circumstances warrant or at a minimum of every five years using data from
				the following on-line sources: U.S. Census Bureau's American Community Survey
				(ACS) 5-Year Data, U.S. Environmental Protection Agency's Environmental Justice
				(EJ) Screen, and New Mexico Department of Health's New Mexico Indicator Based
				Information System (NMIBIS), and provide notice to potentially regulated
				entities at least six months before an updated overburdened areas map goes into
				effect.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 72 - HEALTH, ENVIRONMENT AND EQUITY IMPACTS › Section 20.11.72.9 - PUBLIC NOTICE BY DEPARTMENT - PUBLIC PARTICIPATION

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the requirements for public notice by
				  department - public participation set forth under
				  20.11.72.9 NMAC, the public notice
				  by department - public participation requirements in
				  20.11.41.14 NMAC apply unless
				  there is a conflict between requirements, in which case the more expansive
				  notice requirements shall govern.
A.
				The department shall provide notice by regular mail or electronic mail to all
				individuals, neighborhood associations, and other organizations, and to those
				persons having stated a desire to receive notices of all applications filed
				pursuant to 20.11.41 NMAC, 20.11.60 NMAC or 20.11.61 NMAC as identified on a
				list maintained by the department, who reside in or represent persons residing
				in an overburdened area that is within a one-mile radius of a located, or
				proposed to be located, new or modified stationary source.
B. Public participation shall be encouraged
				and at least include opportunities for written, live, and on-line public
				comment and engagement.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 80 - ADJUDICATORY PROCEDURES - ADMINISTRATIVE ENFORCEMENT HEARINGS BY DIRECTOR › Section 20.11.80.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Albuquerque-Bernalillo County Air Quality Control Board, c/o
				  Environmental Health Department, P.O. Box 1293, Albuquerque, New Mexico 87103.
				  Telephone: (505) 768-2601.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 80 - ADJUDICATORY PROCEDURES - ADMINISTRATIVE ENFORCEMENT HEARINGS BY DIRECTOR › Section 20.11.80.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except as
				otherwise specifically provided by statute or by another applicable board
				regulation, 20.11.80 NMAC governs:
(1)
				administrative appeals of administrative compliance orders as defined in
				Subsection D of 20.11.80.7 NMAC; and
(2) all other adjudicatory enforcement
				proceedings conducted by or on behalf of the department director if a board
				regulation establishes that 20.11.80 NMAC governs the proceeding.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 80 - ADJUDICATORY PROCEDURES - ADMINISTRATIVE ENFORCEMENT HEARINGS BY DIRECTOR › Section 20.11.80.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
20.11.80 NMAC is adopted pursuant to the authority of the Air
				  Quality Control Act, Chapter 74, Article 2 NMSA 1978, specifically Sections
				  74-2-5,
				  74-2-5.1
				  and
				  74-2-12
				  NMSA 1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 80 - ADJUDICATORY PROCEDURES - ADMINISTRATIVE ENFORCEMENT HEARINGS BY DIRECTOR › Section 20.11.80.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 80 - ADJUDICATORY PROCEDURES - ADMINISTRATIVE ENFORCEMENT HEARINGS BY DIRECTOR › Section 20.11.80.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 15, 2011, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 80 - ADJUDICATORY PROCEDURES - ADMINISTRATIVE ENFORCEMENT HEARINGS BY DIRECTOR › Section 20.11.80.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To govern the adjudicatory proceedings of the department and
				  the director regarding administrative enforcement, provide due process for all
				  parties and give an orderly structure to the proceedings.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 80 - ADJUDICATORY PROCEDURES - ADMINISTRATIVE ENFORCEMENT HEARINGS BY DIRECTOR › Section 20.11.80.8 - VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
The variance procedures established in 20.11.7 NMAC shall not
				  apply to 20.11.80 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 80 - ADJUDICATORY PROCEDURES - ADMINISTRATIVE ENFORCEMENT HEARINGS BY DIRECTOR › Section 20.11.80.9 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
The filing of 20.11.80 NMAC,
Adjudicatory Procedures
				  - Administrative Enforcement Hearings by Director,
and the filing of
				  an amendment to 20.11.80 NMAC with the state records center and archives shall
				  not affect an action pending for violation of the act, a city or county
				  ordinance, a board regulation or a permit and shall not affect a compliance
				  order that has been filed pursuant to 20.11.80 NMAC. Prosecution for violation
				  of a prior statute, ordinance, regulation, part or permit shall be governed and
				  prosecuted under the statute, ordinance, regulation, part or permit wording in
				  effect at the time the violation was committed.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 80 - ADJUDICATORY PROCEDURES - ADMINISTRATIVE ENFORCEMENT HEARINGS BY DIRECTOR › Section 20.11.80.10 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If for any reason any section, subsection, sentence, phrase,
				  clause or wording of 20.11.80 NMAC is held to be unconstitutional or otherwise
				  invalid by any court or the United States environmental protection agency, the
				  decision shall not affect the validity of remaining portions of 20.11.80
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 80 - ADJUDICATORY PROCEDURES - ADMINISTRATIVE ENFORCEMENT HEARINGS BY DIRECTOR › Section 20.11.80.11 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in 20.11.80 NMAC may be
				  viewed at the Albuquerque environmental health department, Suite 3023, One
				  Civic Plaza, 400 Marquette NW, Albuquerque, New Mexico.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 80 - ADJUDICATORY PROCEDURES - ADMINISTRATIVE ENFORCEMENT HEARINGS BY DIRECTOR › Section 20.11.80.13 - PREHEARING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Initiation of process:
(1) Filing a request
				for hearing: As required by the act at Subsection C of Section
				74-2-12
				NMSA 1978, no later than 30 days after a compliance order is served on a
				respondent, the respondent shall submit a written request for a hearing to the
				director. If a timely request for hearing is not submitted, the compliance
				order shall be final. The process governed by 20.11.80 NMAC shall be initiated
				by the respondent filing a timely request for hearing and serving the request
				on the department director, the air program manager or his or her designee and
				every other party.
(2) Request for
				hearing: The request for hearing shall include an answer to the compliance
				order. The answer shall:
(a) in
				separately-numbered paragraphs that sequentially reference the numbered
				paragraphs in the compliance order, clearly and directly admit or deny each of
				the factual assertions contained in the compliance order; however, if the
				respondent has no knowledge of a particular factual assertion and so states,
				the assertion may be denied on the basis of a lack of knowledge; every
				allegation in the compliance order that is not specifically denied shall be
				deemed admitted by the respondent;
(b) indicate every affirmative defense upon
				which the respondent intends to rely; every affirmative defense that is not
				asserted in the request for hearing shall be deemed waived, except a defense
				asserting lack of subject matter jurisdiction;
(c) be signed under oath or affirmation that
				the information contained in the answer is to the best of the signer's
				knowledge and belief true and correct; and
(d) have a copy of the compliance order
				attached.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 80 - ADJUDICATORY PROCEDURES - ADMINISTRATIVE ENFORCEMENT HEARINGS BY DIRECTOR › Section 20.11.80.14 - DISCOVERY

Current through Register Vol. 35, No. 13, July 16, 2024
Formal discovery is not a right in an administrative
				  enforcement procedure and, therefore, is discouraged. If a party wishes to
				  conduct discovery in addition to the methods of discovery provided in
				  20.11.80.14 NMAC, additional discovery shall only be allowed by order of the
				  hearing officer.
A. Scope of
				discovery:
(1) Criteria: Discovery of
				information that is not privileged or exempt may be permitted if:
(a) the discovery will not unreasonably delay
				the proceeding;
(b) the information
				to be obtained is not unreasonably cumulative or duplicative, or not otherwise
				reasonably obtainable elsewhere;
(c) the discovery is not unreasonably
				burdensome; and
(d) there is a
				substantial reason to believe that the information sought will be admissible at
				the hearing or will be likely to lead to the discovery of admissible
				evidence.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 80 - ADJUDICATORY PROCEDURES - ADMINISTRATIVE ENFORCEMENT HEARINGS BY DIRECTOR › Section 20.11.80.15 - HEARING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Evidence:
(1) General: The hearing officer
				shall admit all evidence, unless the hearing officer determines that the
				evidence is irrelevant, immaterial, unduly repetitious or otherwise unreliable
				or of little probative value. Evidence relating to settlement that could be
				excluded in the courts under Rule 11-408 NMRA is not admissible.
(2) Examination of witnesses: Witnesses shall
				be examined orally, under oath or affirmation, except as otherwise provided in
				20.11.80 NMAC, and may be examined by the hearing officer. In addition to the
				hearing officer, only parties shall have the right to cross-examine a witness.
				The hearing officer may limit cross-examination that is unduly repetitious,
				harassing or beyond the scope of the direct testimony of the witness.
(3) Exhibits: All exhibits in evidence shall
				be marked with a designation identifying the party by whom the exhibit is
				offered and shall be numbered serially in the sequence in which the exhibits
				are expected to be offered. Large charts and diagrams, models and other bulky
				exhibits are discouraged. Exhibits should be limited to 8 ½ x 11 inches
				or be capable of being folded to that size, unless otherwise necessary for
				adequate presentation of evidence.
(4) Official notice: Official notice may be
				taken of any matter that may be judicially noticed in the New Mexico
				courts.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 80 - ADJUDICATORY PROCEDURES - ADMINISTRATIVE ENFORCEMENT HEARINGS BY DIRECTOR › Section 20.11.80.16 - POST-HEARING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Filing
				the transcript: Unless otherwise ordered by the director or hearing officer,
				the hearing shall be transcribed verbatim. The hearing clerk shall promptly
				notify all parties of the availability of the transcript. Any person who wants
				a copy of the transcript may order a copy from the reporter.
B. Proposed findings and conclusions: Within
				30 days after the transcript is filed, or by the deadline established by the
				hearing officer, any party may submit to the hearing officer proposed findings
				of fact and conclusions of law or discretion and a closing argument. All such
				submissions shall be in writing, filed, served on all parties and contain
				adequate references to the record and authorities relied upon. No new evidence
				shall be presented unless specifically allowed by the hearing
				officer.
C. Recommended decision:
(1) Content: Unless otherwise ordered by the
				director, the hearing officer shall issue a recommended decision within 30 days
				after the deadline established by Subsection B of 20.11.80.16 NMAC for filing
				proposed findings and conclusions has passed. The recommended decision shall
				contain:
(a) the hearing officer's findings
				of fact and conclusions regarding all material issues of law or discretion and
				the reasons for the findings and conclusions;
(b) if applicable, a review of the penalty to
				determine if the division acted within its discretion in setting the amount or
				nature of the penalty; if the hearing officer decides to recommend a civil
				penalty that is different in amount or nature from the penalty in the
				compliance order, the hearing officer shall set forth the hearing officer's
				recommended decision regarding the penalty and the reason for the change;
				and
(c) a proposed final
				order.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 80 - ADJUDICATORY PROCEDURES - ADMINISTRATIVE ENFORCEMENT HEARINGS BY DIRECTOR › Section 20.11.80.17 - ALTERNATE RESOLUTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Summary
				procedures:
(1) Use of summary procedures:
				Under the following limited circumstances, the director may dispose of a
				request for hearing after an expedited hearing as a result of:
(a) a motion by a party to dismiss the
				request for hearing because of jurisdictional defects, such as filing an
				untimely request for hearing; or
(b) a request by a party to decide the merits
				of the request for hearing on legal arguments presented in writing and oral
				argument.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 81 - ADJUDICATORY PROCEDURES- -AIR QUALITY CONTROL BOARD › Section 20.11.81.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Albuquerque-Bernalillo County Air Quality Control Board, c/o
				  Environmental Health Department, P.O. Box 1293, Albuquerque, New Mexico 87103.
				  Telephone: (505) 768-2600.
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 20.11.81.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. 20.11.81 NMAC
				governs the following adjudicatory proceedings of the board, which are
				proceedings in which the board makes final, binding determinations that
				directly affect legal rights:
(1) petitions
				for hearings on the merits before the board made by permit applicants,
				permittees or other persons who participated in a permitting action before the
				department and who are adversely affected by the permitting action, as provided
				by the New Mexico Air Quality Control Act, Subsection H of Section
				74-2-7
				NMSA 1978; and
(2) any other
				adjudicatory proceeding subject to the jurisdiction of the board if the
				applicable board regulation establishes that 20.11.81 NMAC applies to the
				proceeding.
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 20.11.81.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
20.11.81 NMAC is adopted pursuant to the authority of the Air
				  Quality Control Act, Chapter 74, Article 2 NMSA 1978, Sections
				  74-2-5
				  and
				  74-2-7.
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 20.11.81.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
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 20.11.81.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 16, 2006, unless a later date is cited at the end of
				  a section.
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 20.11.81.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of 20.11.81 NMAC is to establish procedures
				  that govern the adjudicatory proceedings of the board that are described in
				  Subsection A of
				  20.11.81.2
				  NMAC.
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 20.11.81.8 - VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
The variance procedures provided by 20.11.7 NMAC shall not
				  apply to 20.11.81 NMAC. No variance from the requirements of 20.11.81 NMAC
				  shall be granted, unless the board is authorized by Subsection K of
				  20.11.2.18
				  NMAC, Fees, to grant a waiver from payment of the Board hearing
				  fee.
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 20.11.81.9 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
The filing of 20.11.81 NMAC, Adjudicatory Procedures-Air
				  Quality Control Board, and the filing of any amendment to 20.11.81 NMAC with
				  the state records center and archives shall not affect any action pending for
				  violation of a city or county ordinance, a board regulation, or a permit, and
				  shall not affect a petition filed pursuant to 20.11.81 NMAC. Prosecution for
				  violation of a prior statute, ordinance, part or permit shall be governed and
				  prosecuted under the statute, ordinance, part or permit wording in effect at
				  the time the violation was committed.
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 20.11.81.10 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
20.11.81 NMAC shall be liberally construed to carry out its
				  purposes. If for any reason any section, subsection, sentence, phrase, clause
				  or wording of 20.11.81 NMAC is held to be unconstitutional or otherwise invalid
				  by any court or the United States environmental protection agency, the decision
				  shall not affect the validity of remaining portions of 20.11.81 NMAC.
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 20.11.81.11 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in 20.11.81 NMAC may be
				  viewed at the Albuquerque environmental health department, Suite 3020, One
				  Civic Plaza, 400 Marquette NW, Albuquerque, New Mexico.
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 20.11.81.14 - PREHEARING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Initiation of petition hearing; filing and content of petition: A petition for
				a hearing on the merits shall be initiated by filing a petition as required by
				Paragraph (1) of Subsection G of 20.11.81.12 NMAC. The petitioner shall:
(1) sign the petition under oath or
				affirmation and attest to the truth of the information contained therein;
				and
(2) file the original and nine
				copies of the petition with the board and serve a copy of the petition on the
				department.
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 20.11.81.16 - HEARING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Hearing
				on the merits:
(1) Location of the hearing on
				the merits: Unless otherwise ordered by the board or hearing officer, the
				hearing on the merits normally shall be held in the Vincent E. Griego Chambers,
				on the lower level of the Albuquerque-Bernalillo County Government Center
				located at One Civic Plaza, near the intersection of Fourth Street and
				Marquette Avenue NW, in Albuquerque, New Mexico, or in another adequate city of
				Albuquerque, county of Bernalillo, or other publicly-owned location.
(2) Postponement of hearing: No request for
				postponement of a hearing shall be granted unless the hearing officer or the
				board determines either that all parties consent or that good cause has been
				proved.
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 20.11.81.20 - ALTERNATE RESOLUTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Summary
				procedures:
(1) Use of summary procedures:
				The board may dispose of a petition after an expedited public hearing if a
				party makes a written request that the board decide the merits of the petition
				solely on legal arguments presented in written briefs and oral
				arguments.
(2) Expedited hearing:
				If the hearing officer determines that the request has a likelihood of success
				and could fairly expedite the resolution of the proceeding, the hearing officer
				may allow the parties and interested participants to brief the issue and
				present oral arguments at an expedited public hearing, and then present the
				issue to the board for a decision. If an expedited hearing is conducted, the
				hearing officer shall:
(a) assure that public
				notice is given in accordance with Subsection G of 20.11.81.14 NMAC, and
				include in the public notice instructions for persons other than parties who
				wish to participate in the oral argument to submit a statement of intent
				equivalent to the statement provided in Paragraph (2) of Subsection H of
				20.11.81.14 NMAC; and
(b) allow the
				public to attend the expedited hearing but may limit presentations at the
				hearing to oral arguments by parties and interested participants regarding the
				specific issue before the board.
(3) Decision: After an expedited hearing, the
				board may either decide the matter and issue a final order, or, if the board
				decides not to dispose of the matter, the board shall proceed with a full
				hearing as provided by 20.11.81.16 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 82 - RULEMAKING PROCEDURES - AIR QUALITY CONTROL BOARD › Section 20.11.82.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Albuquerque-Bernalillo County Air Quality Control Board, c/o
				  Environmental Health Department. P.O. Box 1293, Albuquerque, New Mexico 87103.
				  Telephone: (505) 768-2601.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 82 - RULEMAKING PROCEDURES - AIR QUALITY CONTROL BOARD › Section 20.11.82.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
20.11.82 NMAC governs the procedures in all rulemaking
				  hearings before the board, except to the extent that 20.11.82 NMAC is
				  inconsistent with specific procedures in governing law. In cases in which
				  20.11.82 NMAC is inconsistent with any rulemaking procedures specified in
				  governing law, the procedures in governing law shall apply, rather than the
				  procedures in 20.11.82 NMAC. A rulemaking hearing includes a hearing regarding
				  a proposal to adopt, amend or repeal a board rule, regulation or
				  standard.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 82 - RULEMAKING PROCEDURES - AIR QUALITY CONTROL BOARD › Section 20.11.82.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
20.11.82 NMAC is adopted pursuant to the authority provided
				  in the New Mexico Air Quality Control Act, NMSA 1978 Sections
				  74-2-4,
				  74-2-5;
				  the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance No.
				  94-5, Sections 4 and 5; and the Joint Air Quality Control Board Ordinance,
				  Revised Ordinances of Albuquerque 1994, Sections 9-5-1 -4 and 9-5-1 -5.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 82 - RULEMAKING PROCEDURES - AIR QUALITY CONTROL BOARD › Section 20.11.82.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 11, 2008, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 82 - RULEMAKING PROCEDURES - AIR QUALITY CONTROL BOARD › Section 20.11.82.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purposes of 20.11.82 NMAC are to:
A. standardize the procedures used in
				rulemaking proceedings before the board;
B. encourage participation in the hearings
				conducted by the board for the promulgation of regulations;
C. make possible the effective presentation
				of the evidence and points of view of parties and members of the general
				public; and
D. assure that board
				hearings are conducted in a fair and equitable manner.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 82 - RULEMAKING PROCEDURES - AIR QUALITY CONTROL BOARD › Section 20.11.82.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in 20.11.82 NMAC:
A. "Act" means the Air Quality Control Act,
				Chapter 74, Article 2 NMSA 1978, and its later amendments and successor
				provisions.
B. "Board" means the
				Albuquerque-Bernalillo county air quality control board or its successor board
				pursuant to the act.
C. "Days"
				means consecutive days except as otherwise specifically provided.
D. "Department" means the city of Albuquerque
				environmental health department or its successor agency.
E. "Document" means a pleading or exhibit and
				any other document including electronically stored information, writings,
				drawings, graphs, charts, photographs, sound recordings, images and any other
				data or data compilations that are stored in any medium from which information
				can be obtained either directly or, if necessary, after translation, into a
				reasonably usable form.
F.
				"Environmental justice" means the fair treatment of all residents (in the city
				of Albuquerque and Bernalillo county), including communities of color and low
				income communities, and their meaningful involvement in the development,
				implementation and enforcement of environmental laws, regulations and policies
				regardless of race, color, ethnicity, religion, income or education
				level.
G. "Exhibit" means any
				document or tangible item submitted for inclusion in the record
				proper.
H. Reserved
I. "General public" means any person
				attending a rulemaking hearing who has not filed a notice of intent to present
				technical testimony (NOI) or filed an entry of appearance pursuant to
				20.11.82.20 NMAC or 20.11.82.21 NMAC.
J. "Governing law" means the statute,
				including any applicable case law, which authorizes and governs the decision
				regarding the proposed regulatory change.
K. "Hearing clerk" means the department
				employee designated by the director to provide staff support to the board, and
				is the person designated by the board to maintain the official record of the
				proceeding.
L. "Hearing officer"
				means the person who is designated by the board to conduct a hearing pursuant
				to 20.11.82 NMAC.
M.
				Reserved
N. "NOI" means a notice of
				intent to present technical testimony which is described in 20.11.82.20
				NMAC.
O. "Non-technical testimony"
				means testimony that is not scientific, engineering, economic or other
				specialized testimony. A person who provides only non-technical testimony or a
				non-technical exhibit is not required to file an NOI or entry of appearance
				pursuant to 20.11.82.20 NMAC or 20.11.82.21 NMAC.
P. "Participant" means any person who
				participates in a rulemaking proceeding before the board.
Q. "Party" means:
(1) the petitioner;
(2) any person who filed an NOI pursuant to
				20.11.82.20 NMAC; or
(3) any person
				who filed an entry of appearance pursuant to 20.11.82.21 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 82 - RULEMAKING PROCEDURES - AIR QUALITY CONTROL BOARD › Section 20.11.82.8 - VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
The variance procedures provided by 20.11.7 NMAC shall not
				  apply to 20.11.82 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 82 - RULEMAKING PROCEDURES - AIR QUALITY CONTROL BOARD › Section 20.11.82.9 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If for any reason any section, subsection, sentence, phrase,
				  clause, wording or application of 20.11.82 NMAC is held to be unconstitutional
				  or otherwise invalid by any court or the United States environmental protection
				  agency, the decision shall not affect the validity or application of remaining
				  portions of 20.11.82 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 82 - RULEMAKING PROCEDURES - AIR QUALITY CONTROL BOARD › Section 20.11.82.10 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in 20.11.82 NMAC may be
				  viewed at the Albuquerque environmental health department, 400 Marquette NW,
				  Suite 3023, Albuquerque, NM 87102.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 82 - RULEMAKING PROCEDURES - AIR QUALITY CONTROL BOARD › Section 20.11.82.11 - POWERS AND DUTIES OF BOARD AND HEARING OFFICER

Current through Register Vol. 35, No. 13, July 16, 2024
A. Board: The board shall exercise all powers
				and duties authorized by 20.11.82 NMAC and not otherwise delegated to the
				hearing officer or the hearing clerk. The board shall designate a hearing
				officer for each hearing. The board may direct the hearing officer to file a
				report of the hearing as provided by 20.11.82.31 NMAC.
B. Hearing officer: The hearing officer shall
				exercise all powers and duties delegated or otherwise authorized by 20.11.82
				NMAC. The hearing officer may be a member of the board. 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 governed by 20.11.82
				NMAC, including:
(1) conducting hearings
				pursuant to 20.11.82 NMAC;
(2)
				taking, admitting or excluding evidence, examining witnesses and allowing
				post-hearing submissions;
(3)
				making orders as may be necessary to preserve decorum and to protect the
				orderly hearing process;
(4) if
				requested by the board, preparing a report of the hearing, with recommendations
				for board action;
(5) requesting
				parties to file original documents with the hearing clerk;
(6) establishing the deadlines for filing
				documents with the hearing clerk;
(7) requesting the prevailing party to submit
				a proposed statement of reasons in support of the board's decision;
				and
(8) filing with the hearing
				clerk all original documents issued by the hearing officer.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 82 - RULEMAKING PROCEDURES - AIR QUALITY CONTROL BOARD › Section 20.11.82.12 - LIBERAL CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
20.11.82 NMAC shall be liberally construed to carry out its
				  objectives.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 82 - RULEMAKING PROCEDURES - AIR QUALITY CONTROL BOARD › Section 20.11.82.13 - GENERAL PROVISIONS- COMPUTATION OF TIME

Current through Register Vol. 35, No. 13, July 16, 2024
A. Computation of time: In computing any
				period of time prescribed or allowed by 20.11.82 NMAC, 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 city of Albuquerque
				holiday, in which event the time shall be extended until the end of the next
				day that is not a Saturday, Sunday or legal city of Albuquerque holiday.
				Whenever a party must act within a prescribed period after service upon a
				party, and service is by mail, three days shall be added to the prescribed
				period. The three-day extension does not apply to any deadline imposed by the
				act.
B. Extension of time: For good
				cause shown, and after consideration of prejudice to other parties, the board
				or hearing officer may grant an extension of time for filing any document upon
				timely motion of a party to the proceeding.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 82 - RULEMAKING PROCEDURES - AIR QUALITY CONTROL BOARD › Section 20.11.82.14 - GENERAL PROVISIONS- RECUSAL

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				No board member shall participate in any action in which that member's
				impartiality or fairness may reasonably be questioned. The member shall recuse
				oneself in any such action by giving notice to the board and the general public
				by announcing the recusal on the record. In making a decision to recuse
				oneself, the board member may rely upon any relevant authority.
B. A board member or a hearing officer shall
				not perform any function authorized by 20.11.82 NMAC regarding any matter in
				which a board member or a hearing officer:
(1)
				has a personal bias or prejudice concerning a party;
(2) is related to a party within the third
				degree of relationship;
(3) is an
				officer, director or trustee of a party or interested participant in the
				proceeding; or
(4) has a financial
				interest in the proceeding or has any other conflict of interest.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 82 - RULEMAKING PROCEDURES - AIR QUALITY CONTROL BOARD › Section 20.11.82.15 - GENERAL PROVISIONS - EX PARTE COMMUNICATION

Current through Register Vol. 35, No. 13, July 16, 2024
At no time after a proceeding is initiated by filing a
				  petition pursuant to
				  20.11.82.18
				  NMAC and before the conclusion of a proceeding initiated pursuant to 20.11.82
				  NMAC shall any person have ex parte contact with a board member or the hearing
				  officer regarding the merits of a petition or motion filed pursuant to 20.11.82
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 82 - RULEMAKING PROCEDURES - AIR QUALITY CONTROL BOARD › Section 20.11.82.16 - DOCUMENT REQUIREMENTS - FILING AND SERVICE OF DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The filing of
				any document as required by 20.11.82 NMAC shall be accomplished by delivering
				the document to the hearing clerk.
B. Any person filing any document shall:
(1) provide the hearing clerk with the
				original and 15 copies of the document;
(2) deliver a copy to the board
				attorney;
(3) serve a copy on all
				other parties; and
(4) file with
				the hearing clerk at least 15 days before any hearing or meeting at which the
				board will consider the document; if the document is a motion seeking an order
				from the hearing officer in a rulemaking hearing, the motion shall also be
				served at the same time on the hearing officer and the board attorney; motions
				and responses shall be filed only by parties to a hearing and shall comply with
				20.11.82.16 NMAC and 20.11.82.25 NMAC;
(5) if the document is a motion for a stay,
				20.11.82.35 NMAC shall apply.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 82 - RULEMAKING PROCEDURES - AIR QUALITY CONTROL BOARD › Section 20.11.82.17 - EXAMINATION OF DOCUMENTS FILED

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Examination allowed: Any person may inspect and request a copy of any document
				filed in any rulemaking proceeding before the board, during normal business
				hours, subject to the provisions of law restricting the public disclosure of
				confidential information. The documents shall be made available by the hearing
				clerk as required by the Inspection of Public Records Act, NMSA 1978, Sections
				14-2-1
				through
				14-2-12,
				and may be viewed at the Albuquerque environmental health department, 400
				Marquette NW, Suite 3023, Albuquerque, NM 87102.
B. Cost of duplication: The cost of
				duplicating documents shall be borne by the person seeking copies of the
				documents.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 82 - RULEMAKING PROCEDURES - AIR QUALITY CONTROL BOARD › Section 20.11.82.18 - PREHEARING PROCEDURES - PETITION FOR REGULATORY CHANGE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person may file a petition with the
				board to adopt, amend or repeal any regulation within the jurisdiction of the
				board.
B. The petition shall be in
				writing and shall include the name of the regulation and a statement of the
				reasons for the proposed regulatory change. The petition shall cite the
				relevant statutes that authorize the board to adopt the proposed regulatory
				change, and shall estimate the time that will be needed to conduct the
				rulemaking hearing, if at all possible. A copy of the entire rule, including
				any proposed regulatory change, indicating any language proposed to be added or
				deleted, shall be attached to the petition. The entire rule and its proposed
				changes shall be submitted to the board in legislative-edit format, with
				strike-outs and underlines as appropriate, and shall include individual line
				numbers. The hearing clerk shall return to the petitioner any document that
				does not meet the requirements of 20.11.82.18 NMAC, along with a copy of
				20.11.82 NMAC and a check-list of required items. The petitioner will be asked
				to resubmit the petition as required by 20.11.82.18 NMAC.
C. At a public meeting occurring no later
				than 60 days after receipt of the petition, the board shall determine whether
				or not to hold a public hearing on the proposed regulatory change. Any person
				may respond to the petition either in writing before the public meeting or in
				person at the public meeting.
D. If
				the board decides by a vote of a majority of board members present to hold a
				public hearing on the petition, the board may issue orders specifying
				procedures for conduct of the hearing, in addition to the requirements
				established in 20.11.82 NMAC, as may be necessary and appropriate to fully
				inform the board of the matters at issue in the hearing or control the conduct
				of the hearing. The orders may include requirements for giving additional
				public notice, holding pre-hearing conferences, filing direct testimony in
				writing before the hearing, or limiting testimony or
				cross-examination.