N.M. Code R. § 20.11.21.21

Current through Register Vol. 35, No. 12, June 25, 2024

Section 20.11.21.21 - REVIEW MEETING, HEARING ON THE MERITS REGARDING PERMIT APPLICATIONS AND PERMITS

A. If a permit applicant is adversely affected by or disagrees with the division's proposed decision regarding the applicant's permit application, the applicant may request an informal review meeting to discuss the division's proposed decision. The request shall be in writing or on a form obtained from the division. Within 15 working days of the applicant receiving the proposed decision, the applicant shall deliver the request to the director and the division manager. Unless a timely request for an informal review meeting is received by the director, the division's proposed decision regarding the permit application shall be final. Within 10 working days after receiving the request, the director shall hold an informal review meeting with the applicant and a division representative (e.g., division manager or the person issuing the proposed decision regarding the permit application) in an attempt to resolve disagreements. Within two working days after the informal review meeting, the division representative shall issue a final decision regarding the permit application. If the permit applicant or permittee is adversely affected by the final decision made by the division representative, the permit applicant or permittee may follow the procedures described in Subsection B of 20.11.21.21 NMAC.

B. A person adversely affected by the decision of the division regarding a permit application or permit ("petitioner") may file a petition for a hearing on the merits before the board as provided by 20.11.81 NMAC, Adjudicatory Procedures - AQCB. Unless a timely petition for a hearing on the merits is received by the director, the decision of the division regarding the permit application or permit shall be final.

20.11.21.21 NMAC - N, 12/31/03; A, 7/11/11