N.M. Code R. § 20.11.82.32

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

Section 20.11.82.32 - DELIBERATION AND DECISION

A. As provided in the act at NMSA 74-2-5.E, in making its regulations, the board shall give weight it deems appropriate to all facts and circumstances, including:

(1) character and degree of injury to or interference with health, welfare, visibility and property;

(2) the public interest, including the social and economic value of the sources and subjects of air contaminants, with due consideration for environmental justice principles; and

(3) technical practicability and economic reasonableness of reducing or eliminating air contaminants from the sources involved and previous experience with equipment and methods available to control the air contaminants involved.

B. If a quorum of the board attended the hearing, and if the hearing notice indicated that a decision might be made at the conclusion of the hearing or meeting, the board may immediately deliberate and make a decision on the proposed regulatory change at the end of the hearing or at a board meeting after the hearing.

C. If the board does not reach a decision at the conclusion of the hearing or meeting, then, following receipt of the transcript, the hearing clerk shall promptly furnish a copy of the transcript to each board member who did not attend the hearing and, if necessary, to other board members, the board attorney and the hearing officer. Exhibits that were provided to persons at the time of the hearing need not be supplied again.

D. The board shall reach its decision on the proposed regulatory change within 60 days after the later of the close of the record or the date the hearing officer's report is filed, if a quorum of the board is available.

E. During the course of its deliberations, if the board determines that additional testimony or documentary evidence is necessary for a proper decision on the proposed regulatory change, then, consistent with the requirements of due process, the board may reopen the hearing for necessary additional evidence only. The board or hearing officer may require additional notice as appropriate.

F. The board shall issue its decision on the proposed regulatory change in a suitable format, which shall include its reasons for the action taken.

G. The board's written decision is the official version of the board's action and the reasons for that action. Other written or oral statements by board members are not a part of the board's official decision or reasons.

N.M. Code R. § 20.11.82.32

20.11.82.32 NMAC - N, 8/11/08; 20.11.82.32 NMAC - Rn & A, 20.11.82.31 NMAC, 10/15/12