New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 10 - NON-COAL MINING
Part 15 - MINING COMMISSION RULEMAKING
Section 19.10.15.16 - PREHEARING PROCEDURES - PETITION FOR RULE CHANGE
Current through Register Vol. 35, No. 6, March 26, 2024
A. Any person, may file a petition with the commission to adopt, amend or repeal any rule within the commission's jurisdiction.
B. The petition shall be in writing and shall include a statement of the reasons for the rule change. The petition shall cite the relevant statutes that authorize the commission to adopt the proposed rules and shall estimate the time that will be needed to conduct the rules hearing, if possible. A copy of the entire rule, including the proposed rule change, indicating any language proposed to be added or deleted, shall be attached to the petition. The entire rule and its proposed changes shall be submitted to the commission in redline fashion, and shall include line numbers. Any document that does not include all the items required to be in a petition shall be returned to the petitioner along with a copy of these rules and a check-off list of required items, and the petitioner will be asked to resubmit his or her petition in the form 19.10.15 NMAC requires.
C. The commission shall determine at a public meeting within 60 days of submission of a petition for rule change whether to hold a hearing on the petition. Any person may respond to the petition for rule change either in writing prior to the public meeting or in person at the public meeting. If the commission determines not to hold a hearing, the commission's determination shall be subject to review as contemplated by Section 69-36-16 NMSA 1978.
D. If the commission determines to hold a public hearing on the petition, it may issue such orders specifying procedures for conduct of the hearing, in addition to those provided by 19.10.15 NMAC, as may be necessary and appropriate to fully inform the commission of the matters at issue in the hearing or control the conduct of the hearing. Such orders may include requirements for giving additional public notice, holding pre-hearing conferences, filing direct written testimony prior to the hearing or limiting testimony or cross-examination.
