New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 8 - COAL MINING
Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1]
Section 19.8.36.16 - REVIEW OF DIRECTOR'S DECISIONS
Current through Register Vol. 35, No. 18, September 24, 2024
A. Any person who is or may be aggrieved by the decision of the director may appeal the director's decision by filing a notice of appeal with the chairman of the commission within 30 days of the date of the director's decision. The notice of appeal shall include a short concise statement of the decision appealed from and the reason for appeal.
B. Upon receipt of the notice of appeal, the chairman of the commission shall call a meeting of the commission within 30 days of the date the notice of appeal is filed to conduct a hearing on the appeal. The appealing party shall be given notice by the commission of the time and place of the hearing at least 20 days in advance of the convening.
C. The hearing shall be held by the commission at the time and place specified in the notice to the appealing party. At the hearing, the matter involved in the director's decision from which the appeal has been taken will be heard in accordance with the procedures set forth in Section 8 [now 19.8.36.15 NMAC], except as inconsistent with Section 29 of the Surface Mining Act.
D. The commission's decision may affirm, set aside, amend reverse, or remand the director's decision for further proceedings or may compel action unlawfully withheld or unreasonably delayed.
