New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD
Part 80 - ADJUDICATORY PROCEDURES - ADMINISTRATIVE ENFORCEMENT HEARINGS BY DIRECTOR
Section 20.11.80.7 - DEFINITIONS

Universal Citation: 20 NM Admin Code 20.11.80.7

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

In addition to the definitions in 20.11.80 NMAC, the definitions in 20.11.1 NMAC apply unless there is a conflict between definitions, in which case the definitions in 20.11.80 NMAC shall govern.

A. "Act" means the Air Quality Control Act, Chapter 74, Article 2 NMSA 1978 and its subsequent amendments and successor provisions.

B. "Air program" means the board program within the municipal limits of Albuquerque and within the boundaries of Bernalillo county with a staff that is authorized to administer and enforce air quality pursuant to the Air Quality Control Act, Chapter 74, Article 2 NMSA 1978.

C. "Board" means the Albuquerque-Bernalillo county air quality control board or its successor board under the act.

D. "Compliance order" means a written administrative compliance order, compliance determination or other administrative order or document that is issued by the manager of the air program or by the department, and which may include any combination of an allegation of violation, demand for penalty payment, or suspension or revocation of all or part of a permit as authorized by the Air Quality Control Act, Section 74-2-12 NMSA 1978.

E. "Complainant" means the manager of the air program, also known as the air program manager, or other person designated by the director of the department to perform the functions of an air program manager.

F. "Days" means consecutive days except as otherwise specified.

G. "Department" means the city of Albuquerque environmental health department or the successor local agency as defined and authorized by the act.

H. "Director" means the administrative head of the department, the director's designee or a person who assumes the role of the director for purposes of 20.11.80 NMAC in the event of the director's disqualification or withdrawal.

I. "Division" means the air quality division of the department or the division's successor organizational unit.

J. "Hearing clerk" means the department employee designated by the director to provide staff support to the hearing officer and the director regarding the proceedings, issue subpoenas, and maintain the official record of the proceeding.

K. "Hearing officer" means the person appointed by the director to conduct a proceeding pursuant to 20.11.80 NMAC.

L. "Party" means the respondent, the air program and any person who is allowed by the hearing officer or director to intervene in the hearing pursuant to Rule 1-024 NMRA of the New Mexico rules of civil procedure for the district courts.

M. "Record proper" or "record" means all documents filed by or with the hearing clerk during the proceeding authorized by 20.11.80 NMAC and includes:

(1) the verbatim record of the hearing in the form of a transcript, tapes or other digital recording, as applicable, and all exhibits offered into evidence at the hearing, whether or not admitted;

(2) the hearing officer's findings of fact and conclusions regarding all material issues of law and discretion and the reasons therefor, the recommended decision and the proposed final order, as required by Subsection C of 20.11.80.16 NMAC; and

(3) the director's final order and reasons, as required by Subsection D of 20.11.80.16 NMAC.

N. "Regulations" means the rules promulgated by the board pursuant to the act.

O. "Request for hearing" means a written request to the department director for review of a compliance order pursuant to Subsection A of 20.11.80.13 NMAC.

P. "Respondent" means the person to whom the air program manager has issued a compliance order.

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