New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 10 - NON-COAL MINING
Part 14 - MINING COMMISSION ADJUDICATORY REVIEW
Section 19.10.14.1408 - POWERS AND DUTIES OF THE COMMISSION
Current through Register Vol. 35, No. 18, September 24, 2024
The Commission shall exercise all powers and duties as prescribed under the Act, the Regulations and this Part and not otherwise delegated to the Hearing Officer or the Hearing Clerk.
A. The Commission may issue procedural orders that either impose additional procedural duties or simplify the procedures provided in this Part. The Commission shall not eliminate any procedural requirements of the Act or regulations.
B. The Commission may appoint one or more of its members as Hearing Officers to perform the functions described in 19.10.14.1407 NMAC. From the date a petition is received by the Commission, the chairperson of the Commission shall serve as Hearing Officer until the Commission appoints another hearing officer.
C. No Commissioner with any financial interest affected or potentially affected by the outcome of an adjudicatory proceeding may serve as a Hearing Officer in that proceeding or otherwise participate in the proceeding.
D. The evidentiary hearings conducted under this Part shall take place at meetings of the Commission, unless the Commission specifically delegates, for good cause, the taking of evidence by the Hearing Officer.
E. The Commission may adopt, modify or set aside the Director's actions and can remand the matter to the Director for further action.
