N.M. Admin. Code § 19.20.4.13

Current through Register Vol. 35, No. 23, December 10, 2024

Section 19.20.4.13 - ADMINISTRATIVE REVIEW

A. DENIAL OF PERMITS, REQUEST TO USE ALTERNATE PRACTICES OR PERMIT REVISIONS:

(1) To request review of the denial of a harvest permit application, use of alternate practices or a harvest permit revision, an applicant or permittee shall submit a written request for review, which includes the reasons for requesting review, to the state forester within 15 calendar days after the issuance and provide written notice to the district office that denied the harvest permit application, use of alternate practices or harvest permit revision. If the applicant submitted additional information or revisions to the harvest permit application pursuant to Paragraph (2) of Subsection E of 19.20.4.8 NMAC the time period starts with the last denial.

(2) The applicant or permittee and the district office shall submit written statements to the state forester within 10 working days after the applicant or permittee submits the request for review.

(3) The state forester shall base the review decision on the written statements unless the applicant or permittee or the district office requests the opportunity to call witnesses or make oral arguments within 10 working days after the applicant or permittee submits the request for review. A request for a hearing shall explain the need for witness testimony or oral argument. If the applicant or permittee or the district office asks to make oral arguments or call witnesses, the state forester may set a hearing to be held within 10 working days after receiving that request and provide notice of the hearing date, time and location to the applicant or permittee and the district office. Oral testimony shall be made under oath. The division shall make a tape or stenographic record of oral argument or witness testimony.

(4) The state forester shall issue a written final decision, including findings of fact and conclusions of law, within 10 working days after the date for submission of written statements, or a hearing, if any, and send copies to the applicant or permittee and the district office.

B. NOTICE OF DEFICIENT CONDITION:

(1) To request review of the issuance of a notice of deficient condition the permittee or responsible person or entity shall submit a written request for a hearing, which specifically states the reasons for the review, to the district forester within 10 working days after the notice's receipt. If the district forester issued the notice of deficient condition, then the district forester from another district shall conduct the hearing.

(a) The district forester shall consult with the permittee or responsible person or entity to set a hearing to be held within three working days after the request's receipt.

(b) The district forester shall issue a written decision within five working days after the hearing.

(c) The permittee or responsible person or entity may appeal the district forester's decision to the state forester by submitting a written request for review to the state forester within 10 working days after the decision and providing written notice to the district forester.

(2) The permittee or responsible person or entity and the district forester shall submit written statements to the state forester within 10 working days after the permittee or responsible person or entity submits the request for review.

(a) The state forester shall base the review decision on the written statements unless the permittee or responsible person or entity or the district forester requests the opportunity to call witnesses or make oral arguments within 10 working days after the permittee or responsible person or entity submits the request for review. A request for a hearing shall explain the need for witness testimony or oral argument.

(b) If the permittee or responsible person or entity or the district forester asks to make oral arguments or call witnesses, the state forester may set a hearing to be held within 10 working days after receiving that request and provide notice of the hearing date, time and location to the permittee, responsible person or entity and the district forester. Oral testimony shall be made under oath. The division shall make a tape or stenographic record of oral argument or witness testimony.

(c) The state forester shall issue a written final decision, including findings of fact and conclusions of law, within 10 working days after the date for submission of written statements, or a hearing, if any, and send copies to the permittee, responsible person or entity and the district forester.

N.M. Admin. Code § 19.20.4.13

19.20.4.13 NMAC - N, 1/1/2002; A, 6/29/2007