N.M. Admin. Code § 19.15.30.21

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

Section 19.15.30.21 - APPEALS FROM DIRECTOR'S AND DIVISION'S DECISIONS

A. If the director

(1) determines that an abatement plan is required pursuant to 19.15.29.11 NMAC;

(2) approves or provides notice of deficiency of a proposed abatement plan, technical infeasibility demonstration or abatement completion report; or

(3) modifies or terminates an approved abatement plan

the director shall provide written notice of the action by certified mail to the responsible person and other persons who participated in the action.

B. A person who participated in the action before the director and that the action listed in Subsection A of 19.15.30.21 NMAC adversely affects may file a petition requesting a hearing before a division examiner.

C. The person shall make the petition in writing and file it with the division within 30 days after receiving notice of the director's action. The petition shall specify the portions of the action to which the petitioner objects, certify that the person has mailed or hand-delivered a copy of the petition to the director and to the applicant or permittee if the petitioner is not the applicant or permittee and have attached a copy of the action for which the person seeks review. Unless a person makes a timely petition for hearing, the director's action is final.

D. The hearing before the division shall be conducted in the same manner as other division hearings.

E. The petitioner shall pay the cost of the court reporter for the hearing.

F. A party adversely affected by a division order pursuant to a hearing held by a division examiner, shall have a right to have the matter heard de novo before the commission.

G. The appeal provisions do not relieve the owner, operator or responsible person of their obligations to comply with federal or state laws including regulations or rules.

N.M. Admin. Code § 19.15.30.21

19.15.30.21 NMAC - Rp, 19.15.1.19 NMAC, 12/1/08