N.M. Code R. § 20.11.81.20

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

Section 20.11.81.20 - ALTERNATE RESOLUTION

A. Summary procedures:

(1) Use of summary procedures: The board may dispose of a petition after an expedited public hearing if a party makes a written request that the board decide the merits of the petition solely on legal arguments presented in written briefs and oral arguments.

(2) Expedited hearing: If the hearing officer determines that the request has a likelihood of success and could fairly expedite the resolution of the proceeding, the hearing officer may allow the parties and interested participants to brief the issue and present oral arguments at an expedited public hearing, and then present the issue to the board for a decision. If an expedited hearing is conducted, the hearing officer shall:

(a) assure that public notice is given in accordance with Subsection G of 20.11.81.14 NMAC, and include in the public notice instructions for persons other than parties who wish to participate in the oral argument to submit a statement of intent equivalent to the statement provided in Paragraph (2) of Subsection H of 20.11.81.14 NMAC; and

(b) allow the public to attend the expedited hearing but may limit presentations at the hearing to oral arguments by parties and interested participants regarding the specific issue before the board.

(3) Decision: After an expedited hearing, the board may either decide the matter and issue a final order, or, if the board decides not to dispose of the matter, the board shall proceed with a full hearing as provided by 20.11.81.16 NMAC.

B. Withdrawal:

(1) Notice of withdrawal: At any time before a final decision is made by the board, the petitioner may withdraw the petition or the department may withdraw the permitting action that is the subject of the proceeding. Withdrawal may be accomplished by filing a notice of withdrawal with the board and serving a copy of the notice on all other parties and interested participants. Within five days (for a 30-day hearing procedure) or 10 days (for a 60-day hearing procedure) after receipt of the notice of withdrawal, a party or interested participant may file a written objection to the notice of withdrawal. If an objection is filed, the hearing officer or the board, depending on the stage of the hearing, shall rule on the notice of withdrawal.

(2) Effect of withdrawal: The result of a notice of withdrawal that is not opposed or has been approved by the board is that:

(a) when a petitioner withdraws a petition for a hearing on the merits, the permitting action becomes final; and

(b) when the department withdraws a permitting action, the petition is vacated and the agency must issue a new permitting action within 60 days unless either the board approves a different deadline or the applicant withdraws its application. When a new permitting action occurs, a new right to file a petition for hearing on the merits is available pursuant to 20.11.81 NMAC.

C. Settlement: The board encourages the settlement of a proceeding at any time if the settlement is consistent with the provisions and objectives of the act and the regulations. The parties may ask the board to stay a proceeding authorized by 20.11.81 NMAC while settlement negotiations are being held. The board may approve a settlement that modifies a permitting action only after evidence supporting such modification is presented at a public hearing. The department, however, may withdraw a disputed permitting action and take another permitting action, which will give rise to a new right to file a petition for hearing on the merits pursuant to 20.11.81 NMAC.

N.M. Code R. § 20.11.81.20

20.11.81.20 NMAC - N, 12/16/06