Current through Register Vol. 35, No. 11, June 11, 2024
Section 4.10.8.24 - PROCEDURES FOR APPEALING A DECISION Any applicant who has been denied a permit by the CPRC, the state archaeologist, or the SHPO or who has been denied for listing on the SHPO directory shall have the right to appeal the decision.
A. All requests for an appeal shall include a statement of the applicant's reason for requesting an appeal and contain any additional information that the applicant believes will support the appeal.B. Upon receipt of a written request for a hearing, the chairman of the CPRC shall convene the CPRC as the hearing panel.C. Within two weeks of receipt of a written request for a hearing, HPD shall inform the applicant in writing of the date, time and place of the hearing at which the appeal will be heard. The notice of public hearing shall be published pursuant to Section 9-4A-6 NMSA 1978 of the Cultural Affairs Department Act. (1) The chairman of the CPRC or his designee shall serve as the chair of the hearing panel. Hearings will be conducted in accordance with the committee's rules of procedure.(2) The state archaeologist and the SHPO may provide testimony at the hearing. A written record shall be kept of the proceedings.D. Decisions of the hearing panel shall be based on a simple majority vote of the members of the panel.E. The chair of the hearing panel shall inform the applicant in writing of the decision of the hearing panel. Decisions of the hearing panel shall be final.4.10.8.24 NMAC - N, 10/01/05, Adopted by New Mexico Register, Volume XXX, Issue 01, January 15, 2019, eff. 1/16/2019