New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 17 - WEATHER MODIFICATION
Part 2 - WEATHER CONTROL AND PRECIPITATION ENHANCEMENT
Section 19.17.2.19 - HEARING PROCEDURES

A. Weather control committee chair. The chair of the weather control committee shall preside over hearings on any contested application. The chair, with advice and consent from the other weather control committee members, shall have the power to regulate the hearing; to perform all acts and take all measures necessary to conduct such hearing, including the authority to administer oaths and affirmations; to explain the events and requirements of the hearing process to all hearing participants; to hear all relevant issues during the hearing; to request and receive a proper administrative record and to otherwise regulate the conduct and course of the hearing. The chair may limit testimony to those matters reasonably noticed by the application or by any letter of protest filed pursuant to Paragraph (1) of Subsection A of 19.17.2.18 NMAC of this rule.

B. Pre-hearing discovery. No pre-hearing discovery shall be required by or from any hearing participant. At least ten (10) days prior to the hearing, the weather control committee shall make available to any hearing participant any application to be considered at the hearing, and any protest thereof, previously filed with the commission.

C. Location of hearings. The weather control committee shall hold all hearings in Santa Fe, unless the weather control committee decides in its sole discretion that a hearing should be held elsewhere to facilitate participation.

D. Testimony and evidence. During a hearing, evidence shall be presented only by (1) the applicant, (2) any person filing a letter of protest filed pursuant to Paragraph (1) of Subsection A of 19.17.2.18 NMAC of this rule, and (3) the commission's staff. No other person or entity may give evidence or argument. Any person or entity giving evidence or argument must provide the commission and all other hearing participants with a copy of any document or exhibit submitted as evidence. The New Mexico rules of evidence are not binding on presentation of evidence. The hearing shall be taped or transcribed.

E. Administrative notice. The weather control committee may take administrative notice of all judicially cognizable facts (i.e., all facts that may be noticed by a judge), and of generally recognized technical or scientific facts, published reports of governmental and state agencies and studies and conclusions within the commission's specialized knowledge.

F. Continuance/postponement. At the discretion of the chair, a scheduled hearing may be continued with notice, prior the hearing or may be recessed during the hearing and reconvened at a later date. Any statement of continuance or recess shall be made a part of the record. A hearing participant may request postponement or continuance of a hearing for good cause shown subject to approval by the chair. Grounds for postponement or continuance may include, but are not limited to, the unavailability of witnesses, unfair hardship by a hearing participant or economic use of commission resources.

G. Weather control committee recommendations. Within thirty (30) days after the weather control committee either completes its hearing deliberations or elects not to hold a hearing pursuant to Subsection D of 19.17.2.18 NMAC, it shall deliver to the commission a recommended decision including findings of fact and conclusions of law. The commission's staff shall serve a copy on each hearing participant by U.S. first-class mail, postage prepaid within ten (10) days of issuance thereof.

H. Final decision. At the next regularly scheduled commission meeting occurring at least fifteen (15) days after the weather control committee serves its recommended decision on the hearing participants, the commission shall consider the recommended decision on the hearing participants, the commission shall consider the recommended decision and issue a final decision or remand to the weather control committee for further administrative proceedings.

I. Administrative record. The administrative record shall include or otherwise reflect, at a minimum, all filings with the commission, all staff recommendations, all evidence received or considered, offers of proof and objections and rulings thereon, any recommended decision including findings of fact and conclusions of law submitted by the weather control committee, the transcript or tape of the oral proceedings as well as any decision, opinion or report by the commission.