N.M. Admin. Code § 20.6.2.3110 - PUBLIC HEARING PARTICIPATION
A. The secretary may appoint an impartial
hearing officer to preside over the hearing. The hearing officer may be a
department employee other than an employee of the bureau evaluating the
application.
B. The hearing shall
be at a place in the area affected by the facility for which the discharge
permit proposal, modification or renewal is sought.
C. Any person who wishes to present technical
evidence at the hearing shall, no later than ten (10) days prior to the
hearing, file with the department , and if filed by a person who is not the
applicant, serve on the applicant, a statement of intent to present evidence. A
person who does not file a statement of intent to present evidence may present
a general non-technical statement in support of or in opposition to the
proposed discharge plan , modification or renewal. The statement of intent to
present technical evidence shall include:
(1)
the name of the person filing the statement;
(2) indication of whether the person filing
the statement supports or opposes the proposed discharge plan proposal,
modification or renewal;
(3) the
name of each witness;
(4) an
estimate of the length of the direct testimony of each witness;
(5) a list of exhibits, if any, to be offered
into evidence at the hearing; and
(6) a summary or outline of the anticipated
direct testimony of each witness.
D. At the hearing, the New Mexico Rules of
Civil Procedure, SCRA 1986, 1-001 to 1-102 and the New Mexico Rules of
Evidence, SCRA 1986, 11-101 to 11-1102 shall not apply. At the discretion of
the hearing officer, the rules may be used as guidance. Any reference to the
Rules of Civil Procedure and the Rules of Evidence shall not be construed to
extend or otherwise modify the authority and jurisdiction of the department
under the Act .
E. The hearing
officer shall conduct a fair and impartial proceeding, assure that the facts
are fully elicited, and avoid delay. The hearing officer shall have authority
to take all measures necessary for the maintenance of order and for the
efficient, fair and impartial adjudication of issues arising in the
proceedings.
F. At the hearing, all
persons shall be given a reasonable chance to submit data, views or arguments
orally or in writing and to examine witnesses testifying at the
hearing.
G. Unless otherwise
allowed by the hearing officer, testimony shall be presented in the following
order:
(1) testimony by and examination of
the applicant or permittee proving the facts relied upon to justify the
proposed discharge plan , renewal or modification and meeting the requirements
of the regulations;
(2) testimony
by and examination of technical witnesses supporting or opposing approval,
approval subject to conditions, or disapproval of the proposed discharge plan ,
renewal or modification, in any reasonable order;
(3) testimony by the general public;
and
(4) rebuttal testimony, if
appropriate.
H. The
secretary may provide translation service at a public hearing conducted in a
locale where the Department can reasonably expect to receive testimony from
non-English speaking people.
I. If
determined useful by the hearing officer, within thirty (30) days after
conclusion of the hearing, or within such time as may be fixed by the hearing
officer, the hearing officer may allow proposed findings of fact and
conclusions of law and closing argument. All such submissions, if allowed,
shall be in writing, shall be served upon the applicant or permittee, the
department and all persons who request copies in advance in writing, and shall
contain adequate references to the record and authorities relied on. No new
evidence shall be presented unless specifically allowed by the hearing
officer.
J. The department shall
make an audio recording of the hearing. If the applicant or permittee, or a
participant requests a written transcript or certified copy of the audio
recording, the requestor shall pay the cost of the transcription or audio
copying.
K. The hearing officer
shall issue a report within thirty (30) days after the close of the hearing
record. The report may include findings of fact, conclusions regarding all
material issues of law or discretion, as well as reasons therefore. The report
shall be served on the applicant or permittee, the department , and all persons
who request copies in advance in writing. The report will be available for
public inspection at the department 's office in Santa Fe and at the field
office closest to the point of the proposed discharge.
L. The secretary shall issue a decision in
the matter no later than thirty (30) days of receipt of the hearing report. The
decision shall be served and made available for inspection pursuant to
Subsection K of this section.
M.
Any person who testifies at the hearing or submits a written statement for the
record will be considered a participant for purposes of Subsection
20.6.2.3113 NMAC and NMSA 1978,
Section 74-6-5.N.
Notes
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