N.M. Admin. Code § 19.15.36.10 - COMMENTS AND HEARING ON APPLICATION
A. A person who wishes to comment or request
a hearing shall file comments or request a hearing on the proposed approval of
an application with the division clerk within 90 days after the date of the
newspaper publication provided in Subsection C of
19.15.36.9 NMAC. A request for a
hearing shall be in writing and shall state specifically the reasons why a
hearing should be held. The director may deny a request for hearing if the
director determines the person requesting the hearing lacks standing.
B. If the division denies an application
pursuant to Paragraphs (3) or (4) of Subsection B of
19.15.39.9 NMAC, the applicant may
request a hearing within 30 days of the receipt of the notice of denial and the
division shall schedule a hearing.
C. In addition to the requests for hearing
provided in Subsections A and B of
19.15.36.10 NMAC, the division
shall schedule a hearing on the application if:
(1) the division's proposed decision to
approve the application includes conditions not expressly required by rule, and
the applicant requests a hearing within 90 days of receipt of the notice of
proposed approval;
(2) the director
determines that there is significant public interest in the
application;
(3) the director
determines that comments have raised objections that have probable technical
merit; or
(4) approval of the
application requires that the division make a finding, pursuant to Paragraph
(3) of Subsection F of
19.15.2.7 NMAC, whether a water
source has a present or reasonably foreseeable beneficial use that
contamination would impair.
Notes
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