New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 15 - OIL AND GAS
Part 3 - RULEMAKING
Section 19.15.3.11 - RULEMAKING HEARING PARTICIPATION
Universal Citation: 19 NM Admin Code 19.15.3.11
Current through Register Vol. 35, No. 18, September 24, 2024
A. Non-technical testimony.
(1) A person may testify or make an un-sworn
statement at the rulemaking hearing. A person does not need to file prior
notification with the commission clerk to present non-technical testimony at
the hearing.
(2) A person may also
offer exhibits with the testimony, so long as the exhibits are relevant to the
proposed rule change and do not unduly repeat the testimony. A person offering
exhibits shall file exhibits prior to the scheduled hearing date or submit them
at the hearing.
(3) Members of the
public who wish to present non-technical testimony should indicate their intent
on a sign-in sheet at the hearing.
B. Technical testimony.
(1) A person, including the division, who
intends to present technical testimony or cross-examine witnesses at the
hearing or to submit modifications to a proposed rule shall, no later than 10
business days before the scheduled hearing date, file six sets of a pre-hearing
statement with the commission clerk. Corporations, partnerships, governmental
agencies, political subdivisions, unincorporated associations and other
collective entities shall appear only through an attorney or through a duly
authorized officer or member.
(2)
The pre-hearing statement shall include the person or entity's name and its
attorney's name; the names of all witnesses the person or entity will call to
testify at the hearing; a concise statement of each witnesses' testimony; all
technical witnesses' qualifications including a description of the witnesses'
education and experience; and the approximate time the person or entity will
need to present its testimony ; and any proposed modifications to the proposed
rule change with reasons for adopting the modifications . The person or entity
shall attach to the pre-hearing statement any exhibits it plans to offer as
evidence at the hearing. A corporation or other entity not represented by an
attorney shall identify in its pre-hearing statement the person who will
conduct its presentation and shall attach a sworn and notarized statement from
the corporation's or entity's governing body or chief executive officer
attesting that it authorizes that person to represent the corporation or
entity.
(3) The commission may
exclude any expert witnesses or technical exhibits not identified in or
attached to the pre-hearing statement unless the testimony or exhibit is
offered solely for rebuttal or the person or entity offering the testimony or
exhibits demonstrates good cause for omitting the witness or exhibit from its
pre-hearing statement.
(4) The
division shall post copies of pre-hearing statements filed with the commission
clerk on the division's website as soon as practicable after they are filed. A
person may review pre-hearing statements filed with the commission clerk at the
division's Santa Fe office.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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