New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL
Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD
Section 20.1.2.208 - DISCOVERY

Universal Citation: 20 NM Admin Code 20.1.2.208

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

For a ULA hearing, discovery shall be governed by the provisions of the ULA. For other board adjudicatory proceedings, formal discovery is not a right, and therefore, formal discovery is discouraged and shall only be allowed by order of the hearing officer under the following procedures:

A. Grounds for discovery: Discovery shall only be permitted upon a determination by the hearing officer that:

(1) the type of discovery sought will not unreasonably delay the proceeding and is neither unreasonably burdensome nor unreasonably expensive; and

(2) the information to be obtained is relevant and is not otherwise reasonably obtainable, may be lost, or may become unavailable.

B. Order for discovery: Upon motion for discovery by a party and determination by the hearing officer that such motion should be granted, the hearing officer shall issue an order for the taking of such discovery together with the conditions and terms thereof.

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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.