New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL
Part 4 - PERMIT PROCEDURES - ENVIRONMENT DEPARTMENT
Section 20.1.4.300 - PARTICIPATION
Universal Citation: 20 NM Admin Code 20.1.4.300
Current through Register Vol. 35, No. 18, September 24, 2024
A. Participation:
(1) Entry of Appearance: Any person who
wishes to be a party shall file, and serve upon all other parties of record, an
Entry of Appearance, on or before the deadline set forth in the Notice of
Hearing. A timely Statement of Intent to Present Technical Testimony shall be
considered an Entry of Appearance, if the person filing such statement has not
previously filed a separate Entry of Appearance.
(2) Effect of Failure to File: Failure to
file a timely Entry of Appearance shall preclude a person from being a party in
the proceeding, but shall not preclude a person from presenting a general
written or oral statement or non-technical testimony in the
proceeding.
(3) Orders for Conduct
of Proceedings: In proceedings under this Part, the Hearing Officer may conduct
pre-hearing conferences and issue pre-hearing orders that are not inconsistent
with these rules, for purposes including but not limited to expediting the
disposition of the proceeding, discouraging unnecessary, duplicative or
wasteful pre-hearing activities, formulating and simplifying issues, obtaining
stipulations or admissions of fact or law, obtaining advance rulings regarding
the admissibility of evidence, avoiding the presentation of unnecessary or
cumulative evidence or motions and adopting special procedures for managing
proceedings involving difficult or complex issues and/or large numbers of
parties. With respect to proceedings involving large numbers of parties, the
Hearing Officer may require that service of documents under Section 115.B
[Paragraph XX of 20.1.4.100 NMAC] be made on designated representatives of
groups of parties with similar interests and may make such other orders as are
consistent with this Subpart.
B. Procedure for Submittal of Statements and Testimony:
(1) Technical Written Statements
and Oral Testimony: Any person who intends to provide a technical written
statement or oral testimony concerning a Draft Permit, Application or Petition
shall file a Statement of Intent to Present Technical Testimony on or before
the deadline in the Notice of Hearing, but in no event later than fourteen (14)
days prior to the hearing.
(a) Content of
Statement of Intent: The Statement of Intent to Present Technical Testimony
shall
(i) identify the person filing the
statement;
(ii) state whether the
person filing the statement supports or opposes the Draft Permit, Application,
or Petition, or in the case of the Division, the Division's recommended
decision to approve, deny, or approve with conditions the Draft Permit,
Application, or Petition;
(iii)
identify each witness, including name, address, affiliation(s), and educational
and work background;
(iv) estimate
the length of the direct testimony of each witness;
(v) identify all exhibits which are part of
the Record Proper and, for exhibits not part of the Record Proper, attach a
copy;
(vi) list or make available
all technical materials relied upon by each witness in making statement of
technical of fact or opinion contained in his or her direct testimony;
and
(vii) attach a summary of the
testimony of each witness, stating any opinion(s) to be offered by such
witness, and an explanation of the basis for such
opinion(s).
(b) Effect of
Failure to File: Failure to file a timely Statement of Intent to Present
Technical Testimony meeting the requirements of Section 302.A.1 [Paragraph B.
of this Section] shall preclude a person from presenting technical testimony,
and if the person has not filed a timely Entry of Appearance, from being a
party in the proceeding, but shall not preclude a person from presenting a
general written or oral statement or non-technical testimony in the proceeding.
(2) General Written and
Oral Statements; Non-Technical Testimony: Any person may provide a general
written statement concerning the Draft Permit, Application, or Petition at or
before the hearing. Any person may provide a general oral statement or
non-technical testimony concerning the Draft Permit, Application, or Petition
at the hearing.
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.
