N.M. Code R. § 20.11.81.20 Alternate Resolution
Library | New Mexico Administrative Code |
Edition | 2023 |
Currency | Current through Register Vol. 34, No. 24, December 19, 2023 |
Citation | N.M. Code R. § 20.11.81.20 |
Year | 2023 |
A. Summary procedures:
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(1) Use of summary
procedures: The board may dispose of a petition after an expedited public
hearing if a party makes a written request that the board decide the merits of
the petition solely on legal arguments presented in written briefs and oral
arguments.
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(2) Expedited hearing
If the hearing officer determines that the request has a likelihood of success
and could fairly expedite the resolution of the proceeding, the hearing officer
may allow the parties and interested participants to brief the issue and
present oral arguments at an expedited public hearing, and then present the
issue to the board for a decision. If an expedited hearing is conducted, the
hearing officer shall:
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(3) Decision: After an expedited hearing, the
board may either decide the matter and issue a final order, or, if the board
decides not to dispose of the matter, the board shall proceed with a full
hearing as provided by 20.11.81.16 NMAC.
B. Withdrawal:
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(1) Notice of withdrawal: At any time before
a final decision is made by the board, the petitioner may withdraw the petition
or the department may withdraw the permitting action that is the subject of the
proceeding. Withdrawal may be accomplished by filing a notice of withdrawal
with the board and serving a copy of the notice on all other parties and
interested participants. Within five days (for a 30-day hearing procedure) or
10 days (for a 60-day hearing procedure) after receipt of the notice of
withdrawal, a party or interested participant may file a written objection to
the notice of withdrawal. If an objection is filed, the hearing officer or the
board, depending on the stage of the hearing, shall rule on the...
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