N.M. Code R. § 20.11.82.7

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

Section 20.11.82.7 - DEFINITIONS

As used in 20.11.82 NMAC:

A. "Act" means the Air Quality Control Act, Chapter 74, Article 2 NMSA 1978, and its later amendments and successor provisions.

B. "Board" means the Albuquerque-Bernalillo county air quality control board or its successor board pursuant to the act.

C. "Days" means consecutive days except as otherwise specifically provided.

D. "Department" means the city of Albuquerque environmental health department or its successor agency.

E. "Document" means a pleading or exhibit and any other document including electronically stored information, writings, drawings, graphs, charts, photographs, sound recordings, images and any other data or data compilations that are stored in any medium from which information can be obtained either directly or, if necessary, after translation, into a reasonably usable form.

F. "Environmental justice" means the fair treatment of all residents (in the city of Albuquerque and Bernalillo county), including communities of color and low income communities, and their meaningful involvement in the development, implementation and enforcement of environmental laws, regulations and policies regardless of race, color, ethnicity, religion, income or education level.

G. "Exhibit" means any document or tangible item submitted for inclusion in the record proper.

H. Reserved

I. "General public" means any person attending a rulemaking hearing who has not filed a notice of intent to present technical testimony (NOI) or filed an entry of appearance pursuant to 20.11.82.20 NMAC or 20.11.82.21 NMAC.

J. "Governing law" means the statute, including any applicable case law, which authorizes and governs the decision regarding the proposed regulatory change.

K. "Hearing clerk" means the department employee designated by the director to provide staff support to the board, and is the person designated by the board to maintain the official record of the proceeding.

L. "Hearing officer" means the person who is designated by the board to conduct a hearing pursuant to 20.11.82 NMAC.

M. Reserved

N. "NOI" means a notice of intent to present technical testimony which is described in 20.11.82.20 NMAC.

O. "Non-technical testimony" means testimony that is not scientific, engineering, economic or other specialized testimony. A person who provides only non-technical testimony or a non-technical exhibit is not required to file an NOI or entry of appearance pursuant to 20.11.82.20 NMAC or 20.11.82.21 NMAC.

P. "Participant" means any person who participates in a rulemaking proceeding before the board.

Q. "Party" means:

(1) the petitioner;

(2) any person who filed an NOI pursuant to 20.11.82.20 NMAC; or

(3) any person who filed an entry of appearance pursuant to 20.11.82.21 NMAC.

R. "Person" means an individual or any entity, including federal, state and local governmental entities, however organized.

S. "Petitioner" means the person who petitioned the board for the regulatory change that is the subject of the hearing.

T. "Record proper" or "record" means all documents related to the hearing, including documents received or generated by the board before the beginning, or after the conclusion of the hearing, including, but not limited to:

(1) the petition for hearing and any response thereto;

(2) the minutes (or an appropriate extract of the minutes) of the meeting at which the petition for hearing was considered, and of any meeting thereafter at which the proposed regulatory change was discussed;

(3) the notice of hearing;

(4) proof of publication;

(5) NOI(s);

(6) statements for the public record;

(7) the hearing officer's report, if any;

(8) post-hearing submissions, if allowed;

(9) the stenographic transcription or audio recording of the hearing and the stenographic transcription or audio recording or appropriate extract of the audio recording of the meeting at which the board deliberated on the adoption of the proposed regulatory change; and

(10) the board's decision and the reasons therefor.

U. "Regulation" means a rule, regulation or standard promulgated by the board that affects one or more persons, in addition to the board and the department, except for any order or decision issued in connection with the disposition of any case involving a particular matter as applied to a specific set of facts.

V. "Regulatory change" means the adoption, amendment or repeal of a regulation.

W. "Service" means delivering a copy of a document, including a pleading or exhibit, to a party as required by Subsection C of 20.11.82.16 NMAC.

X. "Technical testimony" means scientific, engineering, economic or other specialized testimony, but does not include legal argument, general comments, or statements of policy or position concerning matters at issue in the hearing.

Y. "Transcript of proceedings" means the verbatim record, audio recording or stenographic transcription of the proceedings, testimony and argument in the matter, together with all exhibits offered at the hearing, whether or not admitted into evidence, and includes the record of any motion hearings or pre-hearing conferences.

N.M. Code R. § 20.11.82.7

20.11.82.7 NMAC - N, 8/11/08; A, 10/15/12