New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL
Part 9 - RULEMAKING PROCEDURES - ENVIRONMENT DEPARTMENT
Section 20.1.9.23 - DELIBERATION AND DECISION

A. If the hearing notice indicated that a decision might be made at the conclusion of the hearing, the secretary may immediately make a decision on the proposed regulatory change.

B. The secretary shall reach a decision on the proposed regulatory change within 60 days following close of the record or the date the hearing officer's report is filed, whichever is later.

C. If the secretary determines that additional testimony or documentary evidence is necessary for a proper decision on the proposed regulatory change, the secretary may, consistent with the requirements of due process, reopen the hearing for such additional evidence only.

D. The secretary shall issue a decision on the proposed regulatory change in a suitable format which shall include the secretary's reasons for the action taken.

E. The secretary's written decision is the official version of the secretary's action, and the reasons for that action. Other written or oral statements by the secretary are not recognized as part of the secretary's official decision.

F. If the secretary fails to act on a proposed regulatory change within two years after the notice of proposed rulemaking is published in the New Mexico register, the rulemaking is automatically terminated unless the secretary acts to extend the period for an additional two years by filing a statement of good cause for the extension in the rulemaking record. If the secretary extends the rulemaking period, the secretary shall provide for additional public participation, comments, and hearing(s) prior to adopting the rule.

G. The secretary may terminate a rulemaking at any time by publishing a notice of termination in the New Mexico register. If the secretary terminates a rulemaking in this manner, the secretary shall provide to the public notice of the action.