N.M. Code R. § 20.2.99.123

Current through Register Vol. 35, No. 11, June 11, 2024

Section 20.2.99.123 - CONFLICT RESOLUTION AND APPEALS TO THE GOVERNOR

A. Any conflict among state agencies or between state agencies and an MPO shall be escalated to the governor if the conflict cannot be resolved by the heads of the involved agencies. Prior to such escalation, such agencies shall make every effort to resolve any differences, including personal meetings between the heads of such agencies or their policy-level representatives, to the extent possible.

B. The department has fourteen (14) calendar days to appeal a determination of conformity (or other policy decision under this part) to the governor after NMDOT or MPO has notified the department of the resolution of all comments on such determination of conformity or policy decision. Such fourteen-day period shall commence when the MPO or NMDOT has confirmed receipt by the secretary of the department of the resolution of the comments of the department. If the department appeals to the governor, the final conformity determination must have the concurrence of the governor. The department must provide notice of any appeal under this Subsection to the MPO and NMDOT. If the department does not appeal to the governor within fourteen (14) days, the MPO or NMDOT may proceed with the final conformity determination.

C. In the case of any comments with regard to findings of fiscal constraint under 20.2.99.127 NMAC or the air quality effects of any determination of conformity, NMDOT has fourteen (14) calendar days to appeal a determination of conformity (or other policy decision under this part) to the governor after the MPO has notified the department or NMDOT of the resolution of all comments on such determination of conformity or policy decision. Such fourteen-day period shall commence when the MPO has confirmed receipt by the secretary of the department or NMDOT of the resolution of the comments of NMDOT. If NMDOT appeals to the governor, the final conformity determination must have the concurrence of the governor. NMDOT must provide notice of any appeal under this subsection to the MPO and the department. If NMDOT does not appeal to the governor within fourteen days, the MPO may proceed with the final conformity determination.

D. The governor may delegate the role of hearing any such appeal under this Subsection and of deciding whether to concur in the conformity determination to another official or agency within the state, but not to the head or staff of the department or any local air quality agency, NMDOT, a state transportation commission or board, any agency that has responsibility for one of these functions, or an MPO.

N.M. Code R. § 20.2.99.123

12/14/94; 11/23/98; 20.2.99.123 NMAC - Rn, 20 NMAC 2.99.123 10/31/02; A, 10/15/05