N.M. Admin. Code § 20.11.41.15 - PUBLIC INFORMATION HEARING (PIH)

A. Before the department makes a final decision regarding a permit application, the department shall hold a PIH if the director determines that there is significant public interest and a significant air quality issue is involved. A PIH is not an adjudicatory hearing on the merits. The PIH shall be held no fewer than 30 days before the deadline for the department to make a final decision regarding the permit application. The hearing officer shall determine whether to require attendees to be sworn before they can ask questions, provide comments or provide information. During the PIH, attendees can ask questions, provide comments and provide information regarding the requested air quality permitting action, but no final decision shall be made by the department at the close of the hearing.

B. The department shall make all arrangements and pay all expenses of the hearing including:

(1) arranging for a location for the PIH, which shall be held near the proposed source if reasonably feasible;

(2) providing an English-Spanish and Spanish-English translator at the PIH if determined to be necessary by the department;

(3) providing a hearing officer; the hearing officer shall preside over the PIH; shall give all attendees present at the hearing a reasonable opportunity to ask questions, provide comments and provide information regarding the requested air quality permitting action and to examine attendees commenting at the hearing; but shall not make a recommendation or a final decision regarding the permit application;

(4) requesting that the applicant present its proposal and to answer questions from attendees at the PIH;

(5) no fewer than 30 days before the PIH, providing a copy of the public notice by certified mail or electronic mail to the applicant, the designated representative(s) of the recognized neighborhood associations and recognized neighborhood coalitions that are within one-half mile of the exterior boundaries of the property on which the source is or is proposed to be located; contact information, if available, shall be obtained from the most current records of the city of Albuquerque office of neighborhood coordination and the county of Bernalillo zoning, building and planning department; the notice shall contain the information required by Paragraphs (1) and (3)-(5) of Subsection C of 20.11.41.13 NMAC, and the name of the contact person, the department and the address to which comments and inquiries may be directed; the notice of the PIH shall be in English and Spanish if the department determines notice in Spanish is necessary; if a PIH notice is returned to the department undelivered, the department shall promptly confirm the address through the appropriate local government entity, and, if an address is available, shall provide a second copy of applicant's PIH notice to the president or vice president of the neighborhood association or neighborhood coalition;

(6) publishing public notice of the PIH in the newspaper with the largest general circulation in Bernalillo county no fewer than 30 days before the PIH; the notice shall include the date, time, and location of the PIH, the number of the proposed permit, and a statement that a final decision has not been made by the department regarding the proposed permit;

(7) mailing notice of the PIH to all interested persons who have submitted written comments or evidence to the department and to all interested persons who have delivered to the department a written request for notice regarding the application; a request to inspect or copy shall not be considered a written comment for the purposes of Paragraph (7) of Subsection B of 20.11.41.15 NMAC;

(8) requiring department staff to attend the PIH; be present during the applicant's requested presentation and the comments and questions by the attendees; and answer questions regarding the application and the permitting process; and

(9) recording the PIH and including the recording in the administrative record for the permit application; the department shall provide a duplicate of the recording to any person who requests a copy; the person requesting shall reimburse the department for the cost of the copy before the department makes the copy; the person making the request for a copy may instead provide the department with recording media that meets the department specifications, and the department will not impose a charge for copying; if a person requests a transcript of the hearing (the requestor), the department shall obtain an estimate of the cost of the transcription and inform the requestor; the requestor shall pay the estimated cost before the department orders the transcription; if the actual cost of the transcription is more than the estimate, the requestor shall pay the additional amount before the department provides the transcription; if the actual cost of the transcription is less than the estimate, the department shall reimburse the difference.

Notes

N.M. Admin. Code § 20.11.41.15

20.11.41.15 NMAC - Rp, 20.11.41.15 NMAC, 1/1/14, Amended by New Mexico Register, Volume XXVIII, Issue 22, November 28, 2017, eff. 12/13/2017