New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 10 - NON-COAL MINING
Part 14 - MINING COMMISSION ADJUDICATORY REVIEW
Section 19.10.14.7 - DEFINITIONS FOR 19.10.14 NMAC
Current through Register Vol. 35, No. 6, March 26, 2024
A. "Applicant" means the person whose application for a permit or variance or revision to a permit is the subject of the permitting action to which a petition applies.
B. "Date of notice" means the date on which the Director initiates service of the notice of a decision by mail or other means. For example, the date of notice of final permitting decisions authorizing new activities shall be the date on which the Director mails notice to participants in the permitting proceeding and others who requested notice.
C. "Document" means, except as used in 19.10.14.1423 NMAC, any motion, response, memorandum, decision, order, comment, other pleading or evidence filed in a proceeding under 19.10.14 NMAC.
D. "Final action" means a written order issued by the Commission that contains findings of fact and the final decision of the Commission.
E. "Hearing Clerk" means the person designated to maintain the official record of the proceeding.
F. "Hearing Officer" means the person designated under 19.10.14 NMAC or appointed by the Commission to conduct a proceeding under 19.10.14 NMAC.
G. "Interested participant" means any person, other than a party, who files a statement of intent to present evidence pursuant to Subsection D of 19.10.14.1434 NMAC.
H. "New activities" means a new mining operation, a new unit of an existing mining operation or a unit expansion that exceeds the design limits specified in a permit for an existing mining operation.
I. "Party" means, the Petitioner, the Applicant, if different from the Petitioner, the Division, or any person who has been permitted to intervene in the particular hearing pursuant to Section 19.10.14.1424 NMAC.
J. "Petition" means a petition for review of an order, penalty assessment or issuance or denial of a permit by the Director pursuant to NMSA 1978, Section 69-36-15(1993).
K. "Petitioner" means any person who files a timely petition.
L. "Record" depending on the context, means all documents filed by or with the Hearing Clerk during a proceeding before the Commission and includes: the audio or stenographic recording of the hearing and all exhibits admitted into evidence at the hearing, or otherwise made a part of the record by the Commission; and the minutes, or an appropriate extract of minutes, of any Commission meeting where the Commission deliberated or acted on any procedural or substantive issue in the proceeding or the Hearing Record for decisions by the Director as described in 19.10.9.906 NMAC.
[Additional Definitions for this Part can be found in 19.10.1.7 NMAC.]
