New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 10 - NON-COAL MINING
Part 15 - MINING COMMISSION RULEMAKING
Section 19.10.15.29 - DELIBERATION AND DECISION

A. If a quorum of the commission attended at the hearing, and if the hearing notice indicated that a decision might be made at the hearing's conclusion, the commission may immediately deliberate and decide on the proposed rule.

B. If the commission does not reach a decision at the hearing's conclusion, the commission administrator, following receipt of the transcript, will promptly furnish a copy of the transcript to each member that did not attend the hearing and, if necessary, to other members, commission counsel and the hearing officer. Exhibits provided to those persons at the time of the hearing need not be supplied again.

C. The commission shall reach its decision on the proposed rule within 60 days following the close of the record or the date the hearing officer's report is filed, whichever is later.

D. If the commission determines during its deliberations that additional testimony or documentary evidence is necessary for a proper decision on the proposed rule change, the commission may, consistent with the requirements of due process, reopen the hearing for such additional evidence only.

E. The commission shall issue its decision on the proposed rule change in a suitable format, which shall include its reasons for the action taken.

F. The commission's written decision is the official version of the commission's action, and the reasons for that action. Other written or oral statements by commission members are not recognized as part of the commission's official decision or reasons.

G. The adoption of the commission's written decision shall constitute the adoption of the rule. Within 15 days after adoption of the written decision, the commission shall file the rule and the written decision in accordance with the State Rules Act.