N.M. Code R. § 20.11.80.13 Prehearing Procedures

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.80.13
• Year: 2023

A. Initiation of process:

(1) Filing a request for hearing: As required by the act at Subsection C of Section 74Enforcement; compliance orders; field citations74-2-12 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.

B. Notice of docketing; notice of hearing officer assignment:

(1) Notice: As soon as practical after the hearing clerk receives a request for hearing, the hearing clerk shall issue a notice of docketing that includes the caption or heading required by Subsection J of 20.11.80.12 NMAC, the docket number of the case, the date upon which the request for hearing was received by the hearing clerk and the name of the hearing officer if one has been designated. If a hearing officer has not been designated, the hearing clerk shall notify the parties of the name and address of the hearing officer as...