N.M. Admin. Code § 19.17.2.19 - HEARING PROCEDURES
A. Weather
control committee chair. The chair of the weather control committee shall
preside over hearings on any contested application. The chair, with advice and
consent from the other weather control committee members, shall have the power
to regulate the hearing; to perform all acts and take all measures necessary to
conduct such hearing, including the authority to administer oaths and
affirmations; to explain the events and requirements of the hearing process to
all hearing participants; to hear all relevant issues during the hearing; to
request and receive a proper administrative record and to otherwise regulate
the conduct and course of the hearing. The chair may limit testimony to those
matters reasonably noticed by the application or by any letter of protest filed
pursuant to Paragraph (1) of Subsection A of
19.17.2.18 NMAC of this
rule.
B. Pre-hearing discovery. No
pre-hearing discovery shall be required by or from any hearing participant. At
least ten (10) days prior to the hearing, the weather control committee shall
make available to any hearing participant any application to be considered at
the hearing, and any protest thereof, previously filed with the
commission.
C. Location of hearings.
The weather control committee shall hold all hearings in Santa Fe, unless the
weather control committee decides in its sole discretion that a hearing should
be held elsewhere to facilitate participation.
D. Testimony and evidence. During a hearing,
evidence shall be presented only by (1) the applicant, (2) any person filing a
letter of protest filed pursuant to Paragraph (1) of Subsection A of
19.17.2.18 NMAC of this rule, and
(3) the commission's staff. No other person or entity may give evidence or
argument. Any person or entity giving evidence or argument must provide the
commission and all other hearing participants with a copy of any document or
exhibit submitted as evidence. The New Mexico rules of evidence are not binding
on presentation of evidence. The hearing shall be taped or
transcribed.
E. Administrative
notice. The weather control committee may take administrative notice of all
judicially cognizable facts (i.e., all facts that may be noticed by a judge),
and of generally recognized technical or scientific facts, published reports of
governmental and state agencies and studies and conclusions within the
commission's specialized knowledge.
F. Continuance/postponement. At the
discretion of the chair, a scheduled hearing may be continued with notice,
prior the hearing or may be recessed during the hearing and reconvened at a
later date. Any statement of continuance or recess shall be made a part of the
record. A hearing participant may request postponement or continuance of a
hearing for good cause shown subject to approval by the chair. Grounds for
postponement or continuance may include, but are not limited to, the
unavailability of witnesses, unfair hardship by a hearing participant or
economic use of commission resources.
G. Weather control committee recommendations.
Within thirty (30) days after the weather control committee either completes
its hearing deliberations or elects not to hold a hearing pursuant to
Subsection D of
19.17.2.18 NMAC, it shall deliver
to the commission a recommended decision including findings of fact and
conclusions of law. The commission's staff shall serve a copy on each hearing
participant by U.S. first-class mail, postage prepaid within ten (10) days of
issuance thereof.
H. Final decision.
At the next regularly scheduled commission meeting occurring at least fifteen
(15) days after the weather control committee serves its recommended decision
on the hearing participants, the commission shall consider the recommended
decision on the hearing participants, the commission shall consider the
recommended decision and issue a final decision or remand to the weather
control committee for further administrative proceedings.
I. Administrative record. The administrative
record shall include or otherwise reflect, at a minimum, all filings with the
commission, all staff recommendations, all evidence received or considered,
offers of proof and objections and rulings thereon, any recommended decision
including findings of fact and conclusions of law submitted by the weather
control committee, the transcript or tape of the oral proceedings as well as
any decision, opinion or report by the commission.
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