New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 10 - NON-COAL MINING
Part 14 - MINING COMMISSION ADJUDICATORY REVIEW
Section 19.10.14.1441 - FINAL ORDER BY COMMISSION
Current through Register Vol. 35, No. 6, March 26, 2024
A. Following the hearing, the Commission may allow a period for written submittals from the parties and interested participants and comments from the general public. These submittals shall not contain evidence not presented previously. The Commission may ask for proposed findings of fact and conclusions of law from any or all parties and may ask for objections to proposed findings of fact and conclusions of law.
B. If the hearing was not held as part of a Commission meeting, then a recommendation based on the record shall be made by the Hearing Officer and presented to the Commission within 30 days of the hearing or the last day for written submittals and comments. The recommendation will include findings of fact, conclusions regarding all material issues of law and reasons therefor, and a proposed final order. The recommendation shall be sent by the Hearing Clerk to all parties and the Commission. The Commission may allow written comments or oral argument regarding the recommendation.
C. The Commission shall reach a decision at the conclusion of the hearing or at a meeting within 30 days after the final deadline for written submittals by the parties or the Hearing Officer. After the Commission reaches an oral decision, the Commission or Commission counsel shall prepare a final written order. Unless otherwise ordered, the Commission shall approve the written order at a meeting within 30 days after the oral decision. Commission members may attend the meeting by telephone provided the requirements of 19.10.14.1440 NMAC are met. The written order shall include a decision granting or denying relief and the factual and legal basis for the decision, and may include a dissenting opinion.
D. The Hearing Clerk shall file the final order in the official public records of the Commission and within one day send copies of the final order to each party, interested participant and to all other persons who have made written requests for notification of the action taken.
