New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL
Part 9 - RULEMAKING PROCEDURES - ENVIRONMENT DEPARTMENT
Section 20.1.9.10 - DOCUMENT REQUIREMENTS - FILING, SERVICE, AND EXAMINATION
Current through Register Vol. 35, No. 18, September 24, 2024
A. The filing of any document as required by this part shall be accomplished by delivering the document to the secretary's hearing office administrator.
B. Any person filing any document shall:
C. The petitioner and any person who has filed a timely notice of intent to present technical testimony under this part may inspect all documents that have been filed in a proceeding in which they are involved as participants. Such inspection shall be permitted in accordance with the Inspection of Public Records Act, Sections 14-2-1 through 14-2-12 NMSA 1978. The secretary's hearing office administrator shall notify the petitioner and all persons who have filed a timely notice of intent to present technical testimony by email whenever any document is filed in a proceeding under this part. Any such person who does not provide an email address shall instead be notified by mail.
D. All documents filed under this part shall be made available to any person for inspection upon request and shall, to the extent required by law, be made available on the department's website and the New Mexico sunshine portal.
E. Examination allowed: Subject to the provisions of law restricting the public disclosure of confidential information, any person may, during normal business hours, inspect and copy any document filed in any rulemaking proceeding before the secretary. Such documents shall be made available by the secretary's hearing office administrator, as appropriate, and shall also be made available on the New Mexico sunshine portal. If the secretary's hearing office administrator determines that any part of the rulemaking record cannot be practicably displayed or is inappropriate for public display on the New Mexico sunshine portal, the secretary's hearing office administrator shall describe that part of the record, shall note on the New Mexico sunshine portal that the part of the record is not displayed, and shall provide instructions for accessing or inspecting that part of the record.
F. Cost of duplication: The cost of duplicating documents shall be borne by the person seeking copies of such documents, but the secretary's hearing office administrator shall not charge a fee for providing the notice of proposed rulemaking in electronic form.