N.M. Code R. § 20.11.80.7 Definitions

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.80.7
• Year: 2023

In addition to the definitions in 20.11.80 NMAC, the definitions in 20.11.1 NMAC apply unless there is a conflict between definitions, in which case the definitions in 20.11.80 NMAC shall govern.

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

B. "Air program" means the board program within the municipal limits of Albuquerque and within the boundaries of Bernalillo county with a staff that is authorized to administer and enforce air quality pursuant to the Air Quality Control Act, Chapter 74, Article 2 NMSA 1978.

C. "Board" means the Albuquerque-Bernalillo county air quality control board or its successor board under the act.

D. "Compliance order" means a written administrative compliance order, compliance determination or other administrative order or document that is issued by the manager of the air program or by the department, and which may include any combination of an allegation of violation, demand for penalty payment, or suspension or revocation of all or part of a permit as authorized by the Air Quality Control Act, Section 74Enforcement; compliance orders; field citations74-2-12 NMSA 1978.

E. "Complainant" means the manager of the air program, also known as the air program manager, or other person designated by the director of the department to perform the functions of an air program manager.

F. "Days" means consecutive days except as otherwise specified.

G. "Department" means the city of Albuquerque environmental health department or the successor local agency as defined and authorized by the act.

H. "Director" means the administrative head of the department, the director's designee or a person who assumes the role of the director for purposes of 20.11.80 NMAC in the event of the director's disqualification or withdrawal.

I. "Division" means the air quality division of the department or the division's successor organizational unit.

J. "Hearing clerk" means the department employee designated by the director to provide staff support to the hearing officer and the director regarding the proceedings, issue subpoenas, and maintain the official record of the proceeding.

K. "Hearing officer" means the person appointed by the director to conduct a proceeding pursuant to 20.11.80 NMAC.

L. "Party" means the respondent, the...