N.M. Admin. Code § 20.11.41.16 - PERMIT DECISION AND AIR BOARD HEARING ON THE MERITS
A. Within 30 days after the department has
received an application for a new permit or permit modification , the department
shall review the application and determine whether it is administratively
complete.
(1) If the application is deemed
administratively complete, the department shall send a letter by certified mail
or electronic mail to the applicant stating the department 's
determination.
(2) If the
application is deemed administratively incomplete or the department determines
a different type of permit application is required, the department shall send a
letter by certified mail or electronic mail to the applicant stating what
additional information or fees are necessary before the department can deem the
application administratively complete. The department may require information
that is necessary to perform a thorough review of the application including:
technical clarifications, emission calculations, emission factor usage,
additional application review fees if any are required by 20.11.2 NMAC and new
or additional air dispersion modeling. The letter shall state a reasonable
deadline for the applicant to deliver the information, fees or air dispersion
modeling. The applicant shall deliver the requested information, fees or air
dispersion modeling by the deadline set by the department . The department may
extend the deadline for good cause as determined by the department . If the
department does not receive the additional information, fees or modeling by the
deadline, the department may deny the application. If the department has ruled
an application administratively incomplete three times, the department shall
deny the permit application and send a letter by certified mail or electronic
mail to the applicant stating that the permit application has been denied. Fees
submitted for processing an application that has been denied shall not be
refunded. If the department has denied the application, the applicant may
submit a new application and the fee required for a new application.
(3) If the department determines the
application is administratively complete but no permit is required, the
department shall send a letter by certified mail or electronic mail to the
applicant informing the applicant of the determination.
B. Within 90 days after the department has
deemed the application administratively complete, the department shall issue
the permit , issue the permit subject to conditions or deny the permit as
authorized by the state act , unless the director grants an extension for not
more than 90 days for good cause, including scheduling a PIH . If an extension
of the 90 day deadline is needed to review and make a decision regarding the
application, then 90 days after the department has deemed the application
administratively complete, the department shall notify the applicant by
certified mail or electronic mail that an extension of time is required. The
notification shall specify in detail the grounds for the extension.
C. The department shall issue the permit ,
issue the permit subject to conditions or deny the requested permit or permit
modification based on information contained in the department 's administrative
record of the permit application. The administrative record shall consist of
the application, all other evidence submitted by the applicant, all evidence or
written comments submitted by interested persons, all other evidence considered
by the department , a statement of matters officially noticed and, if a PIH has
been held, the PIH hearing record. The applicant has the burden of
demonstrating that a permit should be issued.
D. Every person who participated in a
permitting action before the department shall be notified by the department of
the action taken and the reasons for the action. A request to inspect or copy
information contained in the department 's administrative record of the permit
application shall not be considered participation for purposes of Subsection D
of 20.11.41.16 NMAC. The department
shall notify the applicant by certified mail as required by the state act .
Applicants that request expedited receipt of the notification instead of
receiving notice by certified mail may deliver a written request to the
department and have an authorized representative of the applicant pick up the
notification at the department . The authorized representative shall acknowledge
receipt of the notification in writing. The department shall notify all other
participating persons by regular mail sent to the legible address the
participating person has provided to the department . Notification by mail shall
be deemed complete and received three days after mailing postage paid to the
participating person 's address provided to the department .
E. A person who participated in a permitting
action before the department and who is adversely affected by the permitting
action may file a petition for hearing before the board . A request to inspect
or copy shall not be considered participation for the purposes of Subsection E
of 20.11.41.16 NMAC. The petition
shall be in writing and shall be delivered to the board within 30 days from the
date notice is given of the department 's action. The petition shall conform to
the requirements of Subsection B of
20.11.81.14 NMAC. The petitioner
shall certify that a copy of the petition has been mailed or hand delivered to
the applicant if the petitioner is not the applicant. A hearing before the
board shall be conducted as required by 20.11.81 NMAC. Unless a timely request
for a hearing is made, the decision of the department shall be final.
F. If a timely request for a hearing is made,
the board shall hold an adjudicatory hearing on the merits within 60 days of
receipt of the petition as required by the state act at NMSA 1978, Section
74-2-7(I) and
20.11.81 NMAC. In the hearing before the board , the burden of proof shall be on
the petitioner as required by the state act at NMSA 1978, Section
74-2-7(K).
G. Any person adversely affected by an
administrative action taken by the board may appeal in accordance with the
state act at 74-2-9 NMSA 1978.
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.