New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL
Part 4 - PERMIT PROCEDURES - ENVIRONMENT DEPARTMENT
Section 20.1.4.600 - ALTERNATE RESOLUTION
Universal Citation: 20 NM Admin Code 20.1.4.600
Current through Register Vol. 35, No. 18, September 24, 2024
A. Withdrawal: No later than the beginning of the hearing, the Applicant or Petitioner may file a Motion for Withdrawal. The Secretary shall grant or deny the Motion for Withdrawal. [12-1-97 ]
B. Summary Procedures:
(1) Use of Summary Procedures: The Secretary
may issue a final order after an expedited hearing on a motion by a party if
not inconsistent with the law:
(a) to dismiss
the Application or Petition for a jurisdictional defect; or
(b) to decide the merits of the Application
or Petition on legal arguments presented in writing or oral argument.
(2) Expedited Hearing: If the
Hearing Officer determines that the relief requested is likely to be granted,
the Hearing Clerk shall prepare and file a Notice of Hearing as set forth in
this Part. The hearing shall be conducted and post hearing procedures shall be
followed as set forth in this Part. The final order of the Secretary on any
expedited hearing under this Section may remand the matter to the Hearing
Officer for a full hearing under this Part.
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