New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 10 - NON-COAL MINING
Part 14 - MINING COMMISSION ADJUDICATORY REVIEW
Section 19.10.14.1420 - SCHEDULING THE HEARING
Current through Register Vol. 35, No. 6, March 26, 2024
A. The Commission or Hearing Officer shall schedule the hearing to begin no earlier than 30 days and no later than 60 days after the date the Petition was filed, unless the parties waive the deadline in writing. The notice of waiver must be filed before the 60-day deadline.
B. The Hearing Clerk shall, upon direction from the Commission or Hearing Officer, but no later than 20 days prior to the hearing date, issue and serve upon the parties a Notice of Hearing with proof of service, setting forth the date, time, and location of the hearing, a brief description of the petition and information regarding participation in the hearing. This information shall include references to the procedures to intervene pursuant to 19.10.14.1424 NMAC, to present evidence as an interested participant by filing and mailing to the parties a statement of intent pursuant to Subsection D of 19.10.14.1434 NMAC, and to participate as a general public participant pursuant to 19.10.14.1434 NMAC.
C. The Hearing Clerk shall mail a copy of the Notice of Hearing to each person identified in Subsection B of 19.10.14.1418 NMAC at least 30 days prior to the hearing and shall include information regarding participation by the general public.
D. The Hearing Clerk shall send copies of the Notice of Hearing, with requests for publication, to at least one newspaper of general circulation in the state; and at least one additional newspaper published or distributed at least weekly in the county where the mining or exploration operation is located to be published at least 25 days prior to the hearing.
E. The Hearing Clerk shall file in the record a copy of the Notice of Hearing and any affidavits of publication attached.
F. A request for postponement of a hearing shall be granted if all parties agree or if good cause is shown.
G. Unless otherwise ordered or allowed by the Commission or Hearing Officer, the hearing shall be in Santa Fe.
