New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL
Part 3 - ADJUDICATORY PROCEDURES - WATER QUALITY CONTROL COMMISSION
Section 20.1.3.22 - ALTERNATE RESOLUTION

Universal Citation: 20 NM Admin Code 20.1.3.22

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

A. Summary procedures:

(1) Use of summary procedures: The commission may dispose of a abatement plan petition, variance petition or request for compliance order hearing after an expedited hearing if a party requests that the matter be decided solely on legal arguments presented in written briefs and oral arguments.

(2) Expedited hearing: If the hearing officer determines that the motion or request has a likelihood of success and could fairly expedite the resolution of the proceeding, the hearing officer may submit a recommended decision to the commission based on briefs and oral arguments presented at an expedited hearing. If an expedited hearing is conducted, public notice shall be given in accordance with Subsection C of 20.1.3.17 NMAC, Subsection C of 20.1.3.18 NMAC or Subsection C of 20.1.3.19 NMAC. For abatement plan or variance hearings, the hearing officer shall also:
(a) include in the public notice instructions for persons other than parties who wish to participate in the oral argument to submit a statement of intent equivalent to the statement provided in Subsection E of 20.1.3.17 NMAC; and

(b) allow the public to attend the expedited hearing but may limit presentations at the hearing to oral arguments by parties on the specific issue before the commission.

(3) Commission: Upon a referral of a recommended expedited decision, the commission may either reach a final decision and issue a final order or remand to the hearing officer to proceed with a full hearing under this part.

B. Settlement: The commission encourages the settlement of a proceeding at any time if the settlement is consistent with the provisions and objectives of the act and regulations.

(1) Compliance order hearing: The commission may approve a stipulated final order signed by all parties. The stipulated final order shall include all the terms and conditions agreed to by the parties, and shall state that, for the purpose of this proceeding, the respondent admits the jurisdictional allegations of the compliance order and consents to the relief specified, including the assessment of the stated civil penalty, if any.

(2) Permit reviews: The commission may approve a settlement that modifies a permitting action only after evidence supporting such modification is presented at a hearing. The department, however, may withdraw and reissue a modified permitting action under Subsection C of 20.1.3.22 NMAC.

(3) Disapproval of settlement: If the commission disapproves the settlement or stipulated final order, the matter shall proceed as if there had been no settlement or stipulated final order.

C. Withdrawal:

(1) Notice of withdrawal: A petitioner or respondent may withdraw a petition or request for compliance order hearing, or the department may withdraw the compliance order or the permitting action or abatement plan action which is the subject of the proceeding, at any time prior to a decision by the commission by filing a notice of withdrawal with the commission and serving the notice on all other parties. A party may file a written objection to the notice within 10 days after receipt. If an objection is filed, the commission shall rule on the notice.

(2) Effect of withdrawal: An effective notice of withdrawal under this section results in the following:
(a) when a petitioner withdraws an permit review petition, the permitting action becomes final;

(b) when a petitioner withdraws an abatement plan appeal petition, the abatement plan action becomes final;

(c) when a petitioner withdraws a variance petition, the petitioner is barred from petitioning for the same variance without permission from the commission;

(d) when a respondent withdraws a request for compliance order hearing, the compliance order becomes final;

(e) when the department withdraws a compliance order, the request for compliance order hearing is vacated; and

(f) when the department withdraws a permitting action or an abatement plan action, the petition is vacated and the department must issue a new permitting action or an abatement plan action within 60 days unless either the commission approves a different time period, the applicant withdraws its application, or the department determines that a permitting action or abatement plan action is no longer required. Upon issuance of a new permitting action or abatement plan action, the right to file a new petition under the act, Section 74-6-5(O), or regulations, 20.6.2.4114 NMAC, is available.

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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