New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD
Part 7 - VARIANCE PROCEDURE
Section 20.11.7.7 - DEFINITIONS
Current through Register Vol. 35, No. 18, September 24, 2024
In addition to the definitions in 20.11.7.7 NMAC, the definitions 20.11.1 NMAC apply unless there is a conflict between definitions, in which case the definition in 20.11.7 NMAC shall govern.
A. "Division" means the air quality division of the city of Albuquerque environmental health department or its successor agency.
B. "Ex parte contact" means oral or other communication with a board member or the board hearing officer regarding the merits of a pending variance petition if the contact occurs between the date the petition for variance is filed and the conclusion of the variance procedure, and if the contact is intended to or may affect the board member's or hearing officer's opinion regarding the merits of the pending variance petition.
C. "Petitioner" means a person seeking a variance from a limitation of the Air Quality Control Act, the City of Albuquerque Joint Air Quality Control Board ordinance, the Bernalillo County Joint Air Quality Control Board ordinance, a regulation of the Albuquerque-Bernalillo county air quality control board, or a permit condition imposed by the department.
D. "Prima facie case" means evidence submitted by the petitioner during a hearing if the evidence is sufficient on its face to entitle the petitioner to prevail, before adverse evidence is presented at the hearing.
