New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL
Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD
Section 20.1.2.201 - VARIANCE PETITION
Current through Register Vol. 35, No. 18, September 24, 2024
A. Contents: A variance petition shall comply with Subsection B of 20.2.1.114 NMAC.
B. Response of the department: The department shall review each variance petition and, within sixty (60) days after receipt of the petition, file a recommendation with the board to grant, grant with conditions or deny the variance request. The recommendation shall include reasons and a copy shall be served on the petitioner by certified mail and on any other party or interested participant.
C. Hearing requirement: If the department recommends granting the variance request, or any part of the variance request, with or without conditions, the board shall hold a hearing on those requests recommended for approval. If the department recommends denial of all or part of the variance request, the board shall only hold a hearing on the variances recommended for denial if the petitioner files a request for hearing within fifteen (15) days after receipt of the department's recommendation. If a timely request for hearing is not filed, the recommended denial shall become a final action of the board and shall not be subject to review.
D. Timing of hearing: If a hearing on a variance petition is required, the hearing shall be held within ninety (90) days after the later of the filing of a department recommendation to grant a variance or the filing of a request for hearing by the petitioner, as applicable.
