N.M. Code R. § 20.11.7.18

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

Section 20.11.7.18 - STAY OF ENFORCEMENT

A. From the date the petition for variance is delivered to the director and the division manager until the board takes final action on the petition for variance, the petitioner may file a motion for stay with the board, requesting a stay from enforcement action by the department. The board shall only grant the stay of enforcement if the motion for stay establishes:

(1) the likelihood that the petitioner will prevail on the merits of the petition for variance;

(2) a showing of irreparable harm to the petitioner unless the stay is granted;

(3) evidence that no substantial harm will result to other interested persons if the stay is granted; and

(4) a showing that there will be no resulting harm to the public interest if the stay is granted.

B. When the petitioner files the motion for stay with the board, the petitioner shall also deliver a copy of the motion for stay to the department. Within 65 days after the petitioner files the motion for stay and delivers a copy to the department, the board shall hold a hearing on the motion for stay ("stay hearing"). Twenty-one days before the board holds the stay hearing, the board shall deliver to the petitioner and to the department written notice of the date, time and place of the stay hearing before the board. The requirements of 20.11.7.16 NMAC, 20.11.7.17 NMAC, and 2.11.7.19 NMAC shall apply to the stay hearing as if the stay hearing were a variance hearing.

N.M. Code R. § 20.11.7.18

3/24/82. . .12/1/95; 20.11.7.18 NMAC - Rn, 20 NMAC 11.07.II.7, 10/1/02; A, 8/1/04