New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 7 - MINING - GENERAL PROVISIONS
Part 3 - CONSOLIDATION OF MINING PROPERTIES
Section 19.7.3.8 - APPLICATION FOR CONSOLIDATION
Current through Register Vol. 35, No. 18, September 24, 2024
Order adopting rules and regulations for administration of Chapter 33, New Mexico Laws of 1967 concerning consolidation of mining properties. Pursuant to Section 4 of Chapter 33, New Mexico Laws of 1967, the state geologist of New Mexico hereby adopts the following rules and regulations:
A. Filing of application; form. Any person, firm or corporation desiring to make application to the state geologist for consolidation of mining properties under Chapter 33, New Mexico Laws of 1967, shall file three copies of the application, and three copies of all exhibits thereto, with the state geologist, state land office building, Santa Fe, New Mexico. The application shall contain all of the information required by law and may contain any additional information that the applicant deems pertinent.
B. Notice of hearing. Upon receiving an application for consolidation, the state geologist shall set a time and place for hearing and immediately shall notify the applicant thereof. The applicant shall give notice of hearing in accordance with law and shall file with the state geologist an affidavit of publication, and an affidavit of mailing showing in detail the date and manner of giving notice and to whom notice was given. All return receipts from certified mailing of notice of hearing shall be filed with the state geologist.
C. Record: The state geologist shall cause an official record to be made of all proceedings in connection with the application, including a transcript of all testimony and exhibits offered with respect thereto.
D. Order: notice of order: At the conclusion of the hearing on an application, the applicant shall submit a proposed order to the state geologist. Any order of the state geologist shall be made part of the official record, and notice of the order shall be given to the applicant or to the applicant's attorney of record.
E. Procedure upon petition for approval by district court. Upon the filing of a petition in district court for approval of an order of consolidation pursuant to Section 9, Chapter 33, New Mexico Laws of 1967, the state geologist shall certify the record made before him and transmit it to the clerk of the district court.
F. Payment of costs. The expenses of any proceeding on an application for consolidation, including the cost of giving notice of hearing and the fees and expenses in connection with preparation of the record, shall be borne and paid directly by the applicant.
G. DONE at Santa Fe, New Mexico, this 6th day of July, 1967.
