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- Regulations
- 2023 Edition
- Title 20. Environmental Protection
- Chapter 11. Albuquerque-Bernalillo County Air Quality Control Board
- Part 81. Adjudicatory Procedures- -Air Quality Control Board
N.M. Code R. § 20.11.81.2 Scope
Library | New Mexico Administrative Code |
Edition | 2023 |
Currency | Current through Register Vol. 34, No. 24, December 19, 2023 |
Citation | N.M. Code R. § 20.11.81.2 |
Year | 2023 |
A. 20.11.81 NMAC governs the following adjudicatory proceedings of the board, which are proceedings in which the board makes final, binding determinations that directly affect legal rights:
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(1) petitions
for hearings on the merits before the board made by permit applicants
permittees or other persons who participated in a permitting action before the
department and who are adversely affected by the permitting action, as provided
by the New Mexico Air Quality Control Act, Subsection H of Section
74Permits; permit appeals to the environmental improvement board or the local board; permit fees74-2-7
NMSA 1978; and
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(2) any other
adjudicatory proceeding subject to the jurisdiction of the board if the
applicable board regulation establishes that 20.11.81 NMAC applies to the
proceeding.
B. 20.11.81 NMAC does not govern the adjudicatory proceedings of the board regarding:
-
(1) administrative enforcement actions
initiated pursuant to Air Quality Control Act
74Enforcement; compliance orders; field citations74-2-12
NMSA 1978, entitled "Enforcement; compliance orders; field citations", and any
administrative enforcement action that is governed by the administrative
enforcement provisions of another regulation adopted by the board;
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(2) petitions for variance and related stays
which are governed by 20.11.7 NMAC, Variance Procedure; and
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(3) adoption of, amendment to, and repeal of
board...
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