N.M. Admin. Code § 20.1.2.201

Current through Register Vol. 36, No. 1, January 14, 2025

Section 20.1.2.201 - VARIANCE PETITION

A. Contents: A variance petition shall comply with Subsection B of 20.2.1.114 NMAC.

B. Response of the department: The department shall review each variance petition and, within sixty (60) days after receipt of the petition, file a recommendation with the board to grant, grant with conditions or deny the variance request. The recommendation shall include reasons and a copy shall be served on the petitioner by certified mail and on any other party or interested participant.

C. Hearing requirement: If the department recommends granting the variance request, or any part of the variance request, with or without conditions, the board shall hold a hearing on those requests recommended for approval. If the department recommends denial of all or part of the variance request, the board shall only hold a hearing on the variances recommended for denial if the petitioner files a request for hearing within fifteen (15) days after receipt of the department's recommendation. If a timely request for hearing is not filed, the recommended denial shall become a final action of the board and shall not be subject to review.

D. Timing of hearing: If a hearing on a variance petition is required, the hearing shall be held within ninety (90) days after the later of the filing of a department recommendation to grant a variance or the filing of a request for hearing by the petitioner, as applicable.

N.M. Admin. Code § 20.1.2.201

20.1.2.201 NMAC - Rp, 20 NMAC 1.2.II.201, 08/27/06