N.M. Admin. Code § 19.11.3.8

Current through Register Vol. 35, No. 21, November 5, 2024

Section 19.11.3.8 - PERMIT HEARING

The applicant or permittee, affected persons or interested persons may file a request with the division for a permit hearing. The person requesting a permit hearing or an attorney representing that person shall sign the hearing request. The director shall generally grant a permit hearing if the applicant or an affected person requests a hearing. However, the director has discretion to deny a hearing request if the issues are not substantial or have previously been heard and decided before the Oil Conservation Division, the Oil Conservation Commission or the division and the parties to the hearing, other than the division, would be the same as the parties to the original hearing. If the applicant or an affected person does not request a hearing, the director may grant a hearing if there is significant public interest in the application; or if the director determines, in his or her discretion, that a hearing may clarify one or more substantial issues involved in the permit. Permit hearings shall be held in Santa Fe. The hearing request shall be submitted in writing to the division and be postmarked or e-mailed by the close of the public comment period in Paragraph (3) of Subsection A of 19.11.2.13 NMAC. The hearing request shall include:

A. the requestor's name;

B. the requestor's address, or the address of the requestor's attorney, including an e-mail address and phone number if available;

C. the division's action that is disputed or a copy of the public notice referencing the division's action;

D. the name or general description of the property interest that the division's action affects, if any;

E. briefly, the general nature of the dispute with the division's action or proposed action; and

F. any other matter division rules or a division order requires.

N.M. Admin. Code § 19.11.3.8

Adopted by New Mexico Register, Volume XXIX, Issue 04, February 27, 2018, eff. 2/27/2018