N.M. Code R. § 20.11.82.7 Definitions

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.82.7
• Year: 2023

As used in 20.11.82 NMAC:

A. "Act" means the Air Quality Control Act, Chapter 74, Article 2 NMSA 1978, and its later amendments and successor provisions.

B. "Board" means the Albuquerque-Bernalillo county air quality control board or its successor board pursuant to the act.

C. "Days" means consecutive days except as otherwise specifically provided.

D. "Department" means the city of Albuquerque environmental health department or its successor agency.

E. "Document" means a pleading or exhibit and any other document including electronically stored information, writings, drawings, graphs, charts, photographs, sound recordings, images and any other data or data compilations that are stored in any medium from which information can be obtained either directly or, if necessary, after translation, into a reasonably usable form.

F. "Environmental justice" means the fair treatment of all residents (in the city of Albuquerque and Bernalillo county), including communities of color and low income communities, and their meaningful involvement in the development, implementation and enforcement of environmental laws, regulations and policies regardless of race, color, ethnicity, religion, income or education level.

G. "Exhibit" means any document or tangible item submitted for inclusion in the record proper.

H. Reserved

I. "General public" means any person attending a rulemaking hearing who has not filed a notice of intent to present technical testimony (NOI) or filed an entry of appearance pursuant to 20.11.82.20 NMAC or 20.11.82.21 NMAC.

J. "Governing law" means the statute, including any applicable case law, which authorizes and governs the decision regarding the proposed regulatory change.

K. "Hearing clerk" means the department employee designated by the director to provide staff support to the board, and is the person designated by the board to maintain the official record of the proceeding.

L. "Hearing officer" means the person who is designated by the board to conduct a hearing pursuant to 20.11.82 NMAC.

M. Reserved

N. "NOI" means a notice of intent to present technical testimony which is described in 20.11.82.20 NMAC.

O. "Non-technical testimony" means testimony that is not scientific, engineering, economic or other specialized testimony. A person who provides only non-technical testimony or a non-technical exhibit is not required to file an...