N.M. Code R. § 20.11.81.14 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. § 20.11.81.14
• Year: 2023

A. Initiation of petition hearing; filing and content of petition: A petition for a hearing on the merits shall be initiated by filing a petition as required by Paragraph (1) of Subsection G of 20.11.81.12 NMAC. The petitioner shall:

(1) sign the petition under oath or affirmation and attest to the truth of the information contained therein and

(2) file the original and nine copies of the petition with the board and serve a copy of the petition on the department.

B. Petition requirements and contents-fee:

(1) Filing fee At the time the petition is filed, the petitioner shall pay the board hearing fee required by 20.11.2 NMAC.

(2) Timing and contents: A petition shall:(a) be filed with the board within 30 consecutive days from the date notice is given of the permitting action taken by the department, and regarding which the petition objects; (b) state the petitioner's name, address, telephone number, and if available, facsimile number, cellular telephone number and other contact information; (c) either state in what manner the petitioner participated in the permitting action that was pending before the department and how the petitioner is adversely affected by the permitting action taken by the department, or cite a board regulation other than 20.11.81 NMAC that authorizes the petitioner to request a hearing on the merits pursuant to 20.11.81 NMAC, and state how, under the other regulation, the petitioner qualifies for a hearing on the merits conducted pursuant to 20.11.81 NMAC; (d) if a permitting action is being challenged, identify the specific permitting action appealed from specify the portions of the permitting action to which petitioner objects, and state the factual and legal basis of petitioner's objections to the permitting action taken by the department; (e) state the remedy petitioner is seeking, the legal basis for the remedy, and how granting the remedy is within the air quality jurisdiction of the board and (f) attach a copy of the permitting action or other action regarding which petitioner is filing a petition.

C. Hearing delay and waiver: A petitioner may waive petitioner's right to a have the hearing begin by the deadline established by the act or applicable regulation in order to negotiate with the department or for other good reason as determined by either the hearing officer or the board, as appropriate for the stage of the proceeding. The petitioner's waiver must be filed seven days (whether for a 30-day hearing procedure or for a 60-day hearing procedure) before expiration of the deadline for beginning the hearing. The waiver will stay all deadlines established in 20.11.81 NMAC for up to an additional 30 days (whether for a 30-day hearing procedure or for a 60-day hearing procedure), as determined by the hearing officer or the board, as appropriate for the stage of the proceeding. The stay of deadlines may be extended for an additional period for good reason as determined by the hearing officer or the board, as appropriate for...