New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 7 - VARIANCE PROCEDURE › Section 20.11.7.14 - PETITIONER, DIRECTOR AND BOARD DEADLINES AND ACTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. When the board receives the director's
				written recommendation, if the director recommends that the board grant a
				variance in whole or in part, then the board shall hold a public variance
				hearing. The board shall meet and decide whether to appoint a board hearing
				officer for the evidentiary phase of the board variance hearing, whether any
				hearing officer shall provide the board with proposed findings of fact and
				conclusions of law and a recommended decision, and the date, time and place the
				board will make a final decision regarding the variance petition. The board
				shall make a final decision regarding the variance petition no sooner than 20
				consecutive days after the petitioner receives the director's recommendation
				required by 20.11.7.13 NMAC, and no later than 65 consecutive days after the
				board receives the director's recommendation that the board grant a variance in
				whole or in part.
B. Within 10
				consecutive days after the board makes the procedural decisions required by
				Subsection A of 20.11.7.14 NMAC, the board shall send notice by certified mail
				to the petitioner regarding the date, time and place of the evidentiary phase
				of the hearing, and the date, time and place the board will make a final
				decision regarding the variance petition. Within the same 10-day period, the
				board shall deliver a copy of the notice to the division manager. The board may
				also deliver a second copy of the hearing notice to the petitioner by facsimile
				or hand delivery.
C. When the board
				receives the director's written recommendation, if the director is opposed to
				the board granting the variance as requested by the petitioner, the board shall
				only hold a public variance hearing if the board receives a timely written
				request for hearing from the petitioner. The petitioner shall deliver a written
				request for a board variance hearing to the director and the division manager
				within 15 consecutive days after the petitioner receives the director's
				recommendation that the board deny the variance. If the petitioner delivers a
				timely written request for a board variance hearing to the director and the
				division manager, the board shall meet and decide whether to appoint a board
				hearing officer for the evidentiary phase of the board variance hearing,
				whether any hearing officer shall provide the board with proposed findings of
				fact and conclusions of law and a recommended decision, and the date, time and
				place the board will make a final decision regarding the variance petition. The
				board shall make a final decision regarding the variance petition no sooner
				than 20 consecutive days after the petitioner delivers a timely written request
				for a board variance hearing as required by Subsection C of 20.11.7.14 NMAC,
				and no later than 80 consecutive days after the board receives the director's
				recommendation that the board not grant the variance.
D. Within 10 consecutive days after the board
				makes the procedural decisions required by Subsection C of 20.11.7.14 NMAC, the
				board shall send notice by certified mail to the petitioner regarding the date,
				time and place of the evidentiary phase of the hearing, and the date, time and
				place the board will make a final decision regarding the variance petition.
				Within the same 10-day period, the board shall deliver a copy of the notice to
				the division manager. The board may also deliver a second copy of the hearing
				notice to the petitioner by facsimile or hand delivery.
E. If the petitioner fails to deliver a
				timely request for a board variance hearing as required by Subsection C of
				20.11.7.14 NMAC, the petition shall be deemed denied, with
				prejudice.