New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL
Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD
Section 20.1.2.501 - WITHDRAWAL
Universal Citation: 20 NM Admin Code 20.1.2.501
Current through Register Vol. 35, No. 18, September 24, 2024
A. Notice of withdrawal: A petitioner may withdraw a petition, or the department may withdraw the permitting action which is the subject of the proceeding, at any time prior to a decision by the board by filing a notice of withdrawal with the board and serving the notice on all other parties and interested participants. A party or interested participant may file a written objection to the notice within ten (10) days after receipt. If an objection is filed, the board shall rule on the notice.
B. Effect of withdrawal: An effective notice of withdrawal under this section results in the following:
(1) when a petitioner withdraws an
appeal petition, the permitting action becomes final;
(2) when a petitioner withdraws a variance
petition, the petitioner is barred from petitioning for the same variance
without permission from the board; and
(3) when the department withdraws a
permitting action, the appeal petition is vacated and the agency must issue a
new permitting action within sixty (60) days, unless either the board approves
a different time period or the applicant withdraws its application; upon
issuance of a new permitting action, the right to file a new appeal petition
under the act is available.
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