N.M. Code R. § 20.11.41.15 Public Information Hearing (Pih)

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.41.15
• Year: 2023

A. Before the department makes a final decision regarding a permit application, the department shall hold a PIH if the director determines that there is significant public interest and a significant air quality issue is involved. A PIH is not an adjudicatory hearing on the merits. The PIH shall be held no fewer than 30 days before the deadline for the department to make a final decision regarding the permit application. The hearing officer shall determine whether to require attendees to be sworn before they can ask questions, provide comments or provide information. During the PIH, attendees can ask questions, provide comments and provide information regarding the requested air quality permitting action, but no final decision shall be made by the department at the close of the hearing.

B. The department shall make all arrangements and pay all expenses of the hearing including:

(1) arranging for a location for the PIH which shall be held near the proposed source if reasonably feasible;

(2) providing an English-Spanish and Spanish-English translator at the PIH if determined to be necessary by the department;

(3) providing a hearing officer; the hearing officer shall preside over the PIH; shall give all attendees present at the hearing a reasonable opportunity to ask questions provide comments and provide information regarding the requested air quality permitting action and to examine attendees commenting at the hearing; but shall not make a recommendation or a final decision regarding the permit application;

(4) requesting that the applicant present its proposal and to answer questions from attendees at the PIH;

(5) no fewer than 30 days before the PIH, providing a copy of the public notice by certified mail or electronic mail to the applicant, the designated representative(s) of the recognized neighborhood associations and recognized neighborhood coalitions that are within one-half mile of the exterior boundaries of the property on which the source is or is proposed to be located; contact information, if available, shall be obtained from the most current records of the city of Albuquerque office of neighborhood coordination and the county of Bernalillo zoning, building and planning department; the notice shall contain the information required by Paragraphs (1) and (3)-(5) of Subsection C of...