N.M. Code R. § 20.11.80.2 Scope

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.80.2
• Year: 2023

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.

B. 20.11.80 NMAC does not govern adjudicatory proceedings of the board regarding:

(1) petitions for variance and related stays which are governed by 20.11.7 NMAC, Variance Procedure, as authorized by Section 74Variances74-2-8 NMSA 1978;

(2) petitions for a hearing on the merits before the board made by a permit applicant, permittee or person who participated in a permitting action before the department and who believes that the petitioner is adversely affected by the permitting action, which are governed 20.11.81 NMAC, Adjudicatory Procedures - Air Quality Control Board, as authorized by Section 74Permits; permit appeals to the environmental improvement board or the local board; permit fees74-2-7 NMSA 1978; and

(3) adoption amendment and repeal of board regulations, which are governed by 20.11.82 NMAC Rulemaking Procedures - Air Quality Control Board, as authorized by Section 74Adoption of regulations; notice and hearings74-2-6 NMSA 1978.

C. Exempt: 20.11.80 NMAC does not apply to sources within...