New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL
Part 2 - ADJUDICATORY PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD
Section 20.1.2.7 - DEFINITIONS

Universal Citation: 20 NM Admin Code 20.1.2.7

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

GENERAL: As used in this part. Terms defined in act or regulations: Terms defined in the act or regulations and not defined in this part are used consistent with the meanings given in the act or regulations.

A. "Act" means, as the context requires:

(1) the Air Quality Control Act, Chapter 74, Article 2 NMSA 1978, and its subsequent amendments and successor provisions;

(2) the Medical Radiation Health and Safety Act, Chapter 61, Article 14E NMSA 1978, and its subsequent amendments and successor provisions; and

(3) any other statute that includes authority for adjudicatory proceedings before the board when the board applies this part to such proceedings.

B. "Applicant" means the person who is the holder of, or the applicant for, the permit to which an appeal petition applies.

C. "Board" means the environmental improvement board or its successor agency under the act.

D. "Department" means the New Mexico environment department or its successor agency under the act.

E. "Board administrator" means the department employee designated by the secretary of environment to provide staff support to the board, and, further, is the person designated by the board to maintain the official record of the proceeding.

F. "Hearing officer" means the person designated under this part or appointed by the board to conduct a proceeding under this part.

G. "Interested participant" means any person, other than a party, who files an entry of appearance in accordance with Subsection A of 20.1.2.207 NMAC.

H. "Party" means the petitioner, the applicant if different from the petitioner, the department, any person who is entitled, and who timely requests, to be heard under the ULA or any person who is permitted to intervene in the particular hearing pursuant to NMRA 1-024.

I. "Petition" means a variance petition filed pursuant to Section 74-2-8(D) NMSA 1978, or an appeal petition filed pursuant to Section 74-2-7(H) NMSA 1978.

J. "Petitioner" means any person who files a timely petition.

K. "Record proper" means all documents filed by or with the board administrator during the proceeding and also includes:

(1) the verbatim record of the hearing (transcript or tapes, as applicable) and all exhibits offered into evidence at the hearing, whether or not admitted;

(2) for an appeal petition proceeding, the administrative record of the department; and

(3) minutes, or an appropriate extract of minutes, of any board meeting where the board deliberated or acted on any procedural or substantive issue in the proceeding.

L. "Regulations" means any rules promulgated by the board to implement the act.

M. "Service" means personally delivering a copy of the document, exhibit or any pleading to the person required by these rules to be served; mailing it to that person, or, if that person agrees, by sending it by facsimile or electronic transmission. If a person is represented by an attorney, service of the document shall be made on the attorney. Service by mail is complete upon mailing the document; service by facsimile or by electronic transmission is accomplished when the transmission of the document is completed or upon acknowledgement by the recipient.

N. "Technical evidence" means scientific, engineering, economic or other specialized testimony, but does not include legal argument, general comments, or statements of policy or position concerning matters at issue in the hearing.

O. "ULA hearing" means a proceeding conducted by the board under the Uniform Licensing Act, Sections 61-1-1 NMSA 1978 et seq.

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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