N.M. Admin. Code § 19.10.14.1420 - SCHEDULING THE HEARING
A. The
Commission or Hearing Officer shall schedule the hearing to begin no earlier
than 30 days and no later than 60 days after the date the Petition was filed,
unless the parties waive the deadline in writing. The notice of waiver must be
filed before the 60-day deadline.
B.
The Hearing Clerk shall, upon direction from the Commission or Hearing Officer,
but no later than 20 days prior to the hearing date, issue and serve upon the
parties a Notice of Hearing with proof of service, setting forth the date,
time, and location of the hearing, a brief description of the petition and
information regarding participation in the hearing. This information shall
include references to the procedures to intervene pursuant to
19.10.14.1424 NMAC, to present
evidence as an interested participant by filing and mailing to the parties a
statement of intent pursuant to Subsection D of
19.10.14.1434 NMAC, and to
participate as a general public participant pursuant to
19.10.14.1434 NMAC.
C. The Hearing Clerk shall mail a copy of the
Notice of Hearing to each person identified in Subsection B of
19.10.14.1418 NMAC at least 30
days prior to the hearing and shall include information regarding participation
by the general public.
D. The
Hearing Clerk shall send copies of the Notice of Hearing, with requests for
publication, to at least one newspaper of general circulation in the state; and
at least one additional newspaper published or distributed at least weekly in
the county where the mining or exploration operation is located to be published
at least 25 days prior to the hearing.
E. The Hearing Clerk shall file in the record
a copy of the Notice of Hearing and any affidavits of publication
attached.
F. A request for
postponement of a hearing shall be granted if all parties agree or if good
cause is shown.
G. Unless otherwise
ordered or allowed by the Commission or Hearing Officer, the hearing shall be
in Santa Fe.
Notes
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