New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS
Part 2 - HEARINGS UNIT PROCEDURES
Section 19.25.2.20 - DISMISSAL OR WITHDRAWAL OF PARTY OR ACTION
Current through Register Vol. 35, No. 6, March 26, 2024
A. Dismissal of party or action for failure to participate. If the hearing examiner determines that the applicant has failed to meet his or her obligation to go forward with the application by timely participation in the administrative hearings process, the hearing examiner shall deny a protested application or shall reinstate the action by the WRD on an aggrieved application, and shall dismiss the hearing. If the hearing examiner determines that a protestant has failed to meet his burden of timely participation in the administrative hearings process, the hearing examiner shall dismiss the protestant. In the event that all protestants are dismissed, the hearing examiner may remand the application to the WRD for further action.
B. Withdrawal of request for hearing from aggrieved WRD decision. An aggrieved applicant may file a motion to withdraw the request for a hearing with the hearings unit and shall serve the motion on the ALU attorney of record. If granted, the hearing examiner shall reinstate the original decision or action of WRD. Upon motion by the applicant or the WRD, the hearing examiner may order that the application be withdrawn or remanded to WRD for other action, including but not limited to modification of the original WRD decision or action. The hearing examiner shall not grant the withdrawal of an aggrieved application once a hearing on the merits has concluded.
C. Withdrawal of protested application. A protested application may be withdrawn by the applicant by pleading filed with the hearings unit and served on the ALU attorney of record and all protestants, prior to hearing. The hearing examiner may require that upon withdrawal of a protested application, the applicant shall not file the same or substantially similar application for a specified period of time. Once the hearings unit has concluded a hearing on the merits a protested application may not be withdrawn.
