N.M. Admin. Code § 19.20.4.13 - ADMINISTRATIVE REVIEW
A. DENIAL OF
PERMITS, REQUEST TO USE ALTERNATE PRACTICES OR PERMIT REVISIONS:
(1) To request review of the denial of a
harvest permit application, use of alternate practices or a harvest permit
revision, an applicant or permittee shall submit a written request for review,
which includes the reasons for requesting review, to the state forester within
15 calendar days after the issuance and provide written notice to the district
office that denied the harvest permit application, use of alternate practices
or harvest permit revision. If the applicant submitted additional information
or revisions to the harvest permit application pursuant to Paragraph (2) of
Subsection E of
19.20.4.8 NMAC the time period
starts with the last denial.
(2)
The applicant or permittee and the district office shall submit written
statements to the state forester within 10 working days after the applicant or
permittee submits the request for review.
(3) The state forester shall base the review
decision on the written statements unless the applicant or permittee or the
district office requests the opportunity to call witnesses or make oral
arguments within 10 working days after the applicant or permittee submits the
request for review. A request for a hearing shall explain the need for witness
testimony or oral argument. If the applicant or permittee or the district
office asks to make oral arguments or call witnesses, the state forester may
set a hearing to be held within 10 working days after receiving that request
and provide notice of the hearing date, time and location to the applicant or
permittee and the district office. Oral testimony shall be made under oath. The
division shall make a tape or stenographic record of oral argument or witness
testimony.
(4) The state forester
shall issue a written final decision, including findings of fact and
conclusions of law, within 10 working days after the date for submission of
written statements, or a hearing, if any, and send copies to the applicant or
permittee and the district office.
B. NOTICE OF DEFICIENT CONDITION:
(1) To request review of the issuance of a
notice of deficient condition the permittee or responsible person or entity
shall submit a written request for a hearing, which specifically states the
reasons for the review, to the district forester within 10 working days after
the notice's receipt. If the district forester issued the notice of deficient
condition, then the district forester from another district shall conduct the
hearing.
(a) The district forester shall
consult with the permittee or responsible person or entity to set a hearing to
be held within three working days after the request's receipt.
(b) The district forester shall issue a
written decision within five working days after the hearing.
(c) The permittee or responsible person or
entity may appeal the district forester's decision to the state forester by
submitting a written request for review to the state forester within 10 working
days after the decision and providing written notice to the district
forester.
(2) The
permittee or responsible person or entity and the district forester shall
submit written statements to the state forester within 10 working days after
the permittee or responsible person or entity submits the request for review.
(a) The state forester shall base the review
decision on the written statements unless the permittee or responsible person
or entity or the district forester requests the opportunity to call witnesses
or make oral arguments within 10 working days after the permittee or
responsible person or entity submits the request for review. A request for a
hearing shall explain the need for witness testimony or oral
argument.
(b) If the permittee or
responsible person or entity or the district forester asks to make oral
arguments or call witnesses, the state forester may set a hearing to be held
within 10 working days after receiving that request and provide notice of the
hearing date, time and location to the permittee, responsible person or entity
and the district forester. Oral testimony shall be made under oath. The
division shall make a tape or stenographic record of oral argument or witness
testimony.
(c) The state forester
shall issue a written final decision, including findings of fact and
conclusions of law, within 10 working days after the date for submission of
written statements, or a hearing, if any, and send copies to the permittee,
responsible person or entity and the district forester.
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