New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 10 - NON-COAL MINING
Part 14 - MINING COMMISSION ADJUDICATORY REVIEW
Section 19.10.14.1421 - MOTIONS

A. Any application or request by a party to the Commission for an order shall be made by motion in writing except those made orally during a hearing. The party making the motion shall specify the reasons for the motion and state the relief sought. Motions may be accompanied by an affidavit(s), certificate(s), or other evidence relied upon.

B. Motions should be filed within 30 days of when the Petition was filed.

C. Any party upon whom a motion is served shall have 10 days after service of the motion to file a response. A party failing to file a timely response shall be deemed to have waived any objection to the granting of the motion.

D. The party making the motion may, but is not required to, submit a reply to any response within 5 days after service of the response.

E. Motions shall be decided by the Hearing Officer without a hearing unless otherwise ordered by the Hearing Officer or upon written request of any party. The Hearing Officer shall refer any motion that would resolve the matter, and may refer any other motion, to the Commission for a decision. The Hearing Officer may make a recommendation to the Commission on dispositive motions. The Commission may reconsider a motion decided by the Hearing Officer if the reconsideration will not delay the proceeding. A procedural motion may be ruled upon prior to the expiration of the time for response; any response received after the ruling but prior to the expiration of the time for response shall be treated as a request for reconsideration of the ruling.

F. Motions seeking an extension of time may be filed at any time before the deadline for which the extension is sought.