New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD
Part 20 - FUGITIVE DUST CONTROL
Section 20.11.20.25 - REVIEW MEETING: TIMELY PETITION FOR HEARING BEFORE THE BOARD

Universal Citation: 20 NM Admin Code 20.11.20.25
Current through Register Vol. 35, No. 18, September 24, 2024

If a permit applicant or permittee (requestor) asks the department to meet informally to review and reconsider the department's decision regarding the applicant's permit application in the manner provided by 20.11.20.25 NMAC, the process shall not extend the 30-day deadline for filling a timely petition for a hearing before the board as provided by 20.11.81 NMAC. If a requestor is adversely affected by, or disagrees with the department's decision regarding the requestor's permit application, the requestor may request an informal review meeting to discuss the department's decision. The request shall be in writing or on a form provided by the department. Within five business days after the requestor receives the department's decision regarding the permit application, the requestor shall deliver the written request to a division manager. Within five business days after a division manager receives the request, a division manager or designee shall hold an informal review meeting with the requestor and an additional division representative (e.g. the person assigned to the permit application review) in an attempt to resolve disagreements. Within two business days after the informal review meeting, a division representative shall mail, hand deliver or deliver by facsimile a statement to the requestor stating whether the department has changed its decision regarding the permit application, and, if so, specifying the change and the reason for the change. A person who participated in a 20.11.20 NMAC permitting action before the department and who is adversely affected by the decision made by the department, may follow the procedures described in 20.11.81 NMAC to petition for a hearing before the board.

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