N.M. Admin. Code § 20.11.81.20 - ALTERNATE RESOLUTION
A.
Summary procedures:
(1) Use of summary
procedures: The board may dispose of a petition after an expedited public
hearing if a party makes a written request that the board decide the merits of
the petition solely on legal arguments presented in written briefs and oral
arguments.
(2) Expedited hearing:
If the hearing officer determines that the request has a likelihood of success
and could fairly expedite the resolution of the proceeding, the hearing officer
may allow the parties and interested participants to brief the issue and
present oral arguments at an expedited public hearing, and then present the
issue to the board for a decision. If an expedited hearing is conducted, the
hearing officer shall:
(a) assure that public
notice is given in accordance with Subsection G of
20.11.81.14 NMAC, and include in
the public notice instructions for persons other than parties who wish to
participate in the oral argument to submit a statement of intent equivalent to
the statement provided in Paragraph (2) of Subsection H of
20.11.81.14 NMAC; and
(b) allow the public to attend the expedited
hearing but may limit presentations at the hearing to oral arguments by parties
and interested participants regarding the specific issue before the
board .
(3) Decision:
After an expedited hearing, the board may either decide the matter and issue a
final order, or, if the board decides not to dispose of the matter, the board
shall proceed with a full hearing as provided by
20.11.81.16 NMAC.
B. Withdrawal:
(1) Notice of withdrawal: At any time before
a final decision is made by the board , the petitioner may withdraw the petition
or the department may withdraw the permitting action that is the subject of the
proceeding. Withdrawal may be accomplished by filing a notice of withdrawal
with the board and serving a copy of the notice on all other parties and
interested participants. Within five days (for a 30-day hearing procedure ) or
10 days (for a 60-day hearing procedure ) after receipt of the notice of
withdrawal, a party or interested participant may file a written objection to
the notice of withdrawal. If an objection is filed, the hearing officer or the
board , depending on the stage of the hearing, shall rule on the notice of
withdrawal.
(2) Effect of
withdrawal: The result of a notice of withdrawal that is not opposed or has
been approved by the board is that:
(a) when a
petitioner withdraws a petition for a hearing on the merits, the permitting
action becomes final; and
(b) when
the department withdraws a permitting action, the petition is vacated and the
agency must issue a new permitting action within 60 days unless either the
board approves a different deadline or the applicant withdraws its application.
When a new permitting action occurs, a new right to file a petition for hearing
on the merits is available pursuant to 20.11.81 NMAC.
C. Settlement: The board
encourages the settlement of a proceeding at any time if the settlement is
consistent with the provisions and objectives of the act and the regulations .
The parties may ask the board to stay a proceeding authorized by 20.11.81 NMAC
while settlement negotiations are being held. The board may approve a
settlement that modifies a permitting action only after evidence supporting
such modification is presented at a public hearing. The department , however,
may withdraw a disputed permitting action and take another permitting action,
which will give rise to a new right to file a petition for hearing on the
merits pursuant to 20.11.81 NMAC.
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