N.M. Admin. Code § 20.11.7.14 - PETITIONER, DIRECTOR AND BOARD DEADLINES AND ACTIONS
A. When the board receives the director's
written recommendation, if the director recommends that the board grant a
variance in whole or in part, then the board shall hold a public variance
hearing. The board shall meet and decide whether to appoint a board hearing
officer for the evidentiary phase of the board variance hearing, whether any
hearing officer shall provide the board with proposed findings of fact and
conclusions of law and a recommended decision, and the date, time and place the
board will make a final decision regarding the variance petition. The board
shall make a final decision regarding the variance petition no sooner than 20
consecutive days after the petitioner receives the director's recommendation
required by
20.11.7.13 NMAC, and no later than
65 consecutive days after the board receives the director's recommendation that
the board grant a variance in whole or in part.
B. Within 10 consecutive days after the board
makes the procedural decisions required by Subsection A of
20.11.7.14 NMAC, the board shall
send notice by certified mail to the petitioner regarding the date, time and
place of the evidentiary phase of the hearing, and the date, time and place the
board will make a final decision regarding the variance petition. Within the
same 10-day period, the board shall deliver a copy of the notice to the
division manager. The board may also deliver a second copy of the hearing
notice to the petitioner by facsimile or hand delivery.
C. When the board receives the director's
written recommendation, if the director is opposed to the board granting the
variance as requested by the petitioner , the board shall only hold a public
variance hearing if the board receives a timely written request for hearing
from the petitioner . The petitioner shall deliver a written request for a board
variance hearing to the director and the division manager within 15 consecutive
days after the petitioner receives the director's recommendation that the board
deny the variance. If the petitioner delivers a timely written request for a
board variance hearing to the director and the division manager, the board
shall meet and decide whether to appoint a board hearing officer for the
evidentiary phase of the board variance hearing, whether any hearing officer
shall provide the board with proposed findings of fact and conclusions of law
and a recommended decision, and the date, time and place the board will make a
final decision regarding the variance petition. The board shall make a final
decision regarding the variance petition no sooner than 20 consecutive days
after the petitioner delivers a timely written request for a board variance
hearing as required by Subsection C of
20.11.7.14 NMAC, and no later than
80 consecutive days after the board receives the director's recommendation that
the board not grant the variance.
D. Within 10 consecutive days after the board
makes the procedural decisions required by Subsection C of
20.11.7.14 NMAC, the board shall
send notice by certified mail to the petitioner regarding the date, time and
place of the evidentiary phase of the hearing, and the date, time and place the
board will make a final decision regarding the variance petition. Within the
same 10-day period, the board shall deliver a copy of the notice to the
division manager. The board may also deliver a second copy of the hearing
notice to the petitioner by facsimile or hand delivery.
E. If the petitioner fails to deliver a
timely request for a board variance hearing as required by Subsection C of
20.11.7.14 NMAC, the petition
shall be deemed denied, with prejudice.
Notes
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