New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL
Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD
Section 20.1.2.202 - APPEAL PETITION
Universal Citation: 20 NM Admin Code 20.1.2.202
Current through Register Vol. 35, No. 18, September 24, 2024
A. Timing and contents: An appeal petition shall:
(1)
be filed with the board within thirty (30) days from the date notice is given
of the permitting action;
(2)
identify the petitioner, and certify that the petitioner has standing under the
act to file the petition;
(3)
identify the permitting action appealed from, specify the portions of the
permitting action to which petitioner objects and generally state the
objections; and
(4) attach a copy
of the permitting action.
B. Hearing delay: A petitioner may delay a hearing to negotiate with the department by waiving in the petition the right to a hearing within sixty (60) days. The waiver will stay all other deadlines under this part for sixty (60) days; the stay may be extended by a stipulated or unopposed motion. Any such stipulated or unopposed motion must be filed with the board, and served as required by this part, at least fifteen (15) days before the expiration of the sixty (60) day period.
C. Response of department: The department shall, within thirty (30) days after receipt of an appeal petition:
(1) file with the board the administrative
record of the permitting action which is the subject of the petition; the
department shall serve only the index to the record on other parties; the
parties may stipulate that only the relevant portions of the record be filed
with the board;
(2) deliver to the
board administrator a list of all persons who have expressed in writing an
interest in the facility or the permitting action that is the subject of the
petition or who participated in a public hearing on the permitting action;
and
(3) file an answer to the
petition responding to each objection in the petition.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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