N.M. Code R. § 20.11.7.18 Stay of Enforcement

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.7.18
• Year: 2023

A. From the date the petition for variance is delivered to the director and the division manager until the board takes final action on the petition for variance, the petitioner may file a motion for stay with the board, requesting a stay from enforcement action by the department. The board shall only grant the stay of enforcement if the motion for stay establishes:

(1) the likelihood that the petitioner will prevail on the merits of the petition for variance;

(2) a showing of irreparable harm to the petitioner unless the stay is granted;

(3) evidence that no substantial harm will result to other interested persons if the stay is granted; and

(4) a showing that there will be no resulting harm to the public interest if the stay is granted.

B. When the petitioner files the motion for stay with the board, the petitioner shall also deliver a copy of the motion for stay to the department. Within 65 days after the petitioner files the motion for stay and delivers a copy to the department, the board shall hold a hearing...