New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL
Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD
Section 20.1.2.112 - GENERAL PROVISIONS - DOCUMENTS: FILING, SERVICE, FORM AND EXAMINATION

Universal Citation: 20 NM Admin Code 20.1.2.112

Current through Register Vol. 35, No. 18, September 24, 2024

A. As used in this section, "document" means any pleading, motion, response, memorandum, decision, order or other written material filed in a proceeding under this part, but does not include a cover letter accompanying a document transmitted for filing.

B. Filing of documents: Except as otherwise provided, a party filing documents shall file the originals and eight (8) copies with the board administrator and shall serve copies thereof upon the hearing officer, the board legal counsel, and all other parties. If there is no hearing officer the party shall serve the document upon the board chair. All documents shall be filed at least fifteen (15) days before the hearing at which the board will consider the matter. A certificate of service, as shown in Appendix A, (20.1.2.600 NMAC) shall accompany each filed document.

C. Service of documents: Except as otherwise provided, all documents may be served personally, by express or first class mail, or, if the person agrees, by facsimile or by electronic transmission.

D. Form of documents: Unless otherwise provided by this part or by order of the hearing officer, all documents, except exhibits, shall be prepared on 8 1/2 x 11-inch white paper, printed double-sided, if possible, and where appropriate, the first page of every document shall contain a heading and caption as illustrated in Appendix A, (20.1.2.600 NMAC).

E. Documents issued by board or hearing officer: All original documents issued by the board or hearing officer shall be filed with the board administrator. The board administrator shall promptly serve copies of the documents upon all parties and interested participants.

F. Examination of documents filed:

(1) Examination allowed: Subject to the provisions of law restricting the public disclosure of confidential information, any person may, during normal business hours, inspect and copy any document filed in any proceeding. Inspection shall be permitted in accordance with the Inspection of Public Records Act, NMSA 1978, Sections 14-2-1 through 14-2-12, and may be limited by the Environmental Improvement Act, NMSA 1978, Section 74-2-11. Documents subject to inspection shall be made available by the board administrator, as appropriate.

(2) Cost of duplication: Unless waived by the department, the cost of duplicating documents or tapes filed in any proceeding shall be borne by the person seeking the copies.

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