New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL
Part 9 - RULEMAKING PROCEDURES - ENVIRONMENT DEPARTMENT
Section 20.1.9.25 - STAYS AND APPEALS OF SECRETARY REGULATIONS

Universal Citation: 20 NM Admin Code 20.1.9.25

Current through Register Vol. 35, No. 18, September 24, 2024

A. Any person who is or may be affected by a rule adopted by the secretary may file a motion with the secretary's hearing administrator seeking a stay of that rule or regulatory change. The motion shall include the reason for, and the legal authority supporting, the granting of a stay. The movant that serve the motion for a say as provided by this part and shall further serve all parties in the rulemaking proceeding. The secretary will decide when the motion will be heard. Unless otherwise ordered by the secretary or otherwise provided by law, the filing of an appeal shall not act as a stay on the regulatory change being appealed.

B. Unless otherwise provided by governing law, the secretary may grant a stay pending appeal of any regulatory change promulgated by the secretary. The secretary may only grant a stay if good cause is shown after a motion is filed and a hearing is held.

C. In determining whether good cause is present for the granting of a stay, the secretary shall consider:

(1) the likelihood that the movant will prevail on the merits of the appeal;

(2) whether the moving party will suffer irreparable harm if a stay is not granted;

(3) whether substantial harm will result to other interested persons; and

(4) whether harm will ensue to the public interest.

D. If no action is taken within 60 days after filing the motion, the secretary shall be deemed to have denied the motion for stay.

E. Appeal of any final decision of the secretary shall be taken in accordance with the governing law.

F. The appellant shall service a copy of the appeal on the secretary and the petitioner.

G. The appellant shall be responsible for preparation of a sufficient number of copies of the hearing record at the appellant's expense.

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.