New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL
Part 4 - PERMIT PROCEDURES - ENVIRONMENT DEPARTMENT
Section 20.1.4.7 - DEFINITIONS

(1) "Act" means, as the context requires:

(2) "Administrative Record" means all public records used by the Division in evaluating the application or petition, including the application or petition and all supporting data furnished by the applicant or petitioner, all materials cited in the application or petition, public comments, correspondence, and as applicable, the draft permit and statement of basis or fact sheet, and any other material used by the Division to evaluate the application or petition;

(3) "Applicant" means any person whose application for a permit, renewal or modification to a permit, or license is the subject of the proceeding under this Part;

(4) "Application" means an application for a permit, renewal or modification to a permit, or license;

(5) "Completeness Determination" means a determination made by the Secretary that an application under the Solid Waste Act contains all information required by the Act and Regulations;

(6) "Department" means the Environment Department or its successor agency;

(7) "Division" means the appropriate Division within the Environment Department;

(8) "document" means any pleading, motion, response, reply, memorandum, decision, order, entry of appearance, or other writing filed in a proceeding under this Part;

(9) "Draft Permit" means a document prepared by the Division indicating the Division's proposed decision to issue, deny, or modify a permit;

(10) "final order" means the order issued by the Secretary that is dispositive of the matter;

(11) "Hearing Clerk" means the person designated by the Secretary to maintain the Hearing Record;

(12) "Hearing Determination" means a determination made by the Secretary that a public hearing is required under the Act or Regulations;

(13) "Hearing Officer" means the person designated under this Part or appointed by the Secretary to conduct a proceeding under this Part;

(14) "Hearing Record" means the Record Proper and the written transcript or recorded tape of the public hearing, including all exhibits offered into evidence, whether or not admitted;

(15) "license" means a license issued pursuant to the Radiation Protection Act, NMSA 1978, Chapter 74, Article 3;

(16) "party" means the Petitioner, the Applicant, the Division, or a person who files an entry of appearance on or before the deadline set forth in the Notice of Hearing;

(17) "Petition" means a Petition for Variance;

(18) "Petitioner" means a person who timely files a Petition;

(19) "Record Proper" means the Administrative Record and all documents filed by or with the Hearing Clerk;

(20) "Regulations" means any rule adopted pursuant to the Act;

(21) "Secretary" means the Secretary of Environment, the Secretary's designee, or any person who assumes the role of the Secretary for purposes of this Part in the event of the Secretary's recusal or disqualification;

(22) "technical testimony" means scientific, engineering, economic or other specialized testimony, whether oral or written, but does not include legal argument, general comments, or statements of policy or position concerning matters at issue in the hearing;

(23) "technical materials" means all data, studies and tangible materials used to form the basis of opinion(s) held by a witness presenting technical testimony; and

(24) "Variance" means a waiver from one or more substantive regulations under the Solid Waste Act.