New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 10 - NON-COAL MINING
Part 14 - MINING COMMISSION ADJUDICATORY REVIEW
Section 19.10.14.1407 - OTHER REQUESTS FOR STAY

A. Any request for stay other than requests to stay new activities shall be filed with the Commission at or after the time of filing a petition. The request for stay must be served on all other parties and must meet the requirements of Subsection C, Paragraph 2 of 19.10.14.1406 NMAC.

B. Any other party shall have 10 days after service to file a response. The party filing the request for stay may submit a reply to any response within 5 days of service of the response.

C. The Commission may grant a request to stay under this Section only if, after a hearing, it makes the findings required under Subsection G, Paragraph 3 of 19.10.14.1406 NMAC.

D. Any party opposing a request for stay under this Section may request that financial assurance be provided if the stay is granted. If a stay is granted, the Commission shall determine whether the financial assurance is to be provided and set the other terms for it, including the form and amount of the financial assurance and the conditions for forfeiture or release of the financial assurance. In the event the appeal is ultimately denied by the Commission, the Commission's final action shall include a determination of what portion of any financial assurance that was provided shall be paid over to the party who requested that financial assurance be provided, and shall state what portion, if any, is to be released back to the provider of the financial assurance.