New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 10 - NON-COAL MINING
Part 15 - MINING COMMISSION RULEMAKING
Section 19.10.15.19 - MOTIONS

A. General. Any person who has filed an entry of appearance may file a motion. All motions, except those made orally during a hearing, shall be in writing, specify the grounds for the motion and state the relief sought. Each motion shall be accompanied by an affidavit, certificate or other evidence relied upon and shall be served as provided by 19.10.15.14 NMAC.

B. Unopposed motions. An unopposed motion shall state that the concurrence of all other parties was obtained. The moving party shall submit a proposed order approved by all parties for the hearing officer's review.

C. Opposed motions. Any opposed motion shall state either that concurrence was sought and denied, or why concurrence was not sought. A memorandum brief in support of such motion may be filed with the motion.

D. Response to motions. Any party upon whom an opposed motion is served shall have 15 days after service of the motion to file a response. A non-moving party failing to file a timely response shall be deemed to have waived any objection to granting the motion.

E. Reply to response. The moving party may, but is not required to, submit a reply to any response within 10 days after the response is served.

F. Decision. The hearing officer shall decide all motions without a hearing, unless otherwise ordered by the hearing officer sua sponte or upon any party's written request. The hearing officer shall refer any motion that would effectively dispose of the matter, and may refer any other motion to the commission for a decision. A procedural motion may be ruled upon prior to the expiration of the time for response; any response received thereafter shall be treated as a request for reconsideration of the ruling. The hearing officer shall file all original documents with the commission administrator.