N.M. Admin. Code § 19.25.2.29

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

Section 19.25.2.29 - FINAL DECISION

Upon filing of the hearing examiner's report and recommendation, the state engineer shall issue a written final decision.

A. Record evidence. The state engineer shall base the final decision upon the record, including the hearing examiner's report and recommendation. Evidence upon which the state engineer may base the final decision includes the following:

(1) any records, investigation reports, stipulations, and other relevant documents in the state engineer's possession that is offered and made a part of the record of the proceeding;

(2) sworn testimony of witnesses and exhibits entered into the record by the hearing examiner; and

(3) any facts that have been administratively noticed.

B. Entry of decision. After submission and consideration of the hearing examiner's report and recommendation, the state engineer shall enter the final decision or shall order the hearing examiner to reopen the record of proceedings in order to take further evidence or testimony.

C. Notice of decision. The state engineer's decision shall be mailed to all parties, or to their counsel of record if legally represented, by certified mail, return receipt requested, within 10 days after entry of the decision.

D. Finality. A decision of the state engineer is final after 30 days, unless an appeal has been timely filed in accordance with NMSA 1978, Sections 72-2-16 and 72-7-1. The state engineer shall not seek enforcement of a compliance order until it is final, except where an emergency exists or the public health or safety necessitates.

N.M. Admin. Code § 19.25.2.29

19.25.2.29 NMAC - Rp, 19 NMAC 25.2.31, 8-30-2013