N.M. Admin. Code § 20.11.82.35

Current through Register Vol. 35, No. 20, October 22, 2024

Section 20.11.82.35 - STAY OF BOARD REGULATIONS

A. Any person who is or may be affected by a regulatory change adopted by the board may file a motion with the board seeking a stay of that rule or regulatory change. The motion shall include the reason for, and the legal authority supporting the granting of a stay. The movant shall serve the motion for a stay as provided by 20.11.82.16 NMAC. The movant shall file the motion at least 15 days before the next regularly scheduled board meeting. At the beginning of the next regularly scheduled board meeting, the board shall appoint a hearing officer. The hearing officer shall preside at the motion hearing, which shall occur before the meeting at which the board makes a final decision regarding the motion.

B. Unless otherwise provided by governing law, the board may grant a stay pending appeal of any regulatory change promulgated by the board. The board may only grant a stay if good cause is shown after a motion is filed and a hearing is held.

C. In determining whether good cause exists for granting a stay, the board shall consider:

(1) the likelihood that the movant will prevail on the merits of the appeal;

(2) whether the moving party will suffer irreparable harm if a stay is not granted;

(3) whether substantial harm will result to another participant; and

(4) whether harm to the public interest will result.

D. If no action is taken within 60 days after filing of the motion, the board shall be deemed to have denied the motion for stay.

N.M. Admin. Code § 20.11.82.35

20.11.82.35 NMAC - Rn & A, 20.11.82.34 NMAC, 10/15/12