New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL
Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD
Section 20.1.2.204 - SCHEDULING THE HEARING

A. Hearing date: The hearing shall be scheduled to begin no later than sixty (60) days after the date an appeal petition was received, or for a variance petition, within the sixty (60) day period set forth in Subsection D of 20.1.2.201 NMAC, unless a stipulated or unopposed motion is filed requesting that the ninety day deadline be waived. The stipulated or unopposed motion must be filed with the board, and served as required by this part, at least fifteen (15) days prior to the expiration of the sixty (60) day deadline.

B. Scheduling order: Unless the sixty (60) day hearing deadline has been waived, the hearing officer shall, no later than forty-five (45) days prior to the hearing deadline, issue a scheduling order setting the date, time and location of the hearing. The order may include other procedural matters. The parties may, jointly or singly, submit to the hearing officer, at least fifteen (15) days prior to the deadline for the issuance of the scheduling order, a request regarding the date and location of the hearing and other procedural matters, such as the assignment of a non-board member hearing officer. The hearing officer may consult with the board on procedural matters at a board meeting.