N.M. Admin. Code § 19.8.36.16 - REVIEW OF DIRECTOR'S DECISIONS
A. Any person who is or may be aggrieved by
the decision of the director may appeal the director's decision by filing a
notice of appeal with the chairman of the commission within 30 days of the date
of the director's decision. The notice of appeal shall include a short concise
statement of the decision appealed from and the reason for appeal.
B. Upon receipt of the notice of appeal, the
chairman of the commission shall call a meeting of the commission within 30
days of the date the notice of appeal is filed to conduct a hearing on the
appeal. The appealing party shall be given notice by the commission of the time
and place of the hearing at least 20 days in advance of the
convening.
C. The hearing shall be
held by the commission at the time and place specified in the notice to the
appealing party. At the hearing, the matter involved in the director's decision
from which the appeal has been taken will be heard in accordance with the
procedures set forth in Section 8 [now
19.8.36.15 NMAC], except as
inconsistent with Section 29 of the Surface Mining Act.
D. The commission's decision may affirm, set
aside, amend reverse, or remand the director's decision for further proceedings
or may compel action unlawfully withheld or unreasonably
delayed.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.