N.M. Admin. Code § 19.30.5.12

Current through Register Vol. 35, No. 18, September 24, 2024

Section 19.30.5.12 - LANDOWNER RIGHT TO REVIEW

A. Landowners or ARCs for participating ranches shall have the right to request a review of the following:

(1) The number of deeded acres.

(2) The elk contribution rating assigned to the ranch.

(3) The ranch score.

(4) A decision by the department that a ranch does not meet the minimum requirements to participate.

(5) Other inactivation provisions within 19.30.5 NMAC.

B. Requests to review deeded acres, ranch score, or the elk contribution rating shall be submitted on the annual agreement.

C. ARCs for newly applying ranches or existing ranches that the department determines do not meet the minimum requirements to participate per commission approved guidelines will be given the opportunity to request a review of the department's finding.

D. All review requests will be submitted to the EPLUS manager and handled in accordance below:

(1) All ranches that the department determines do not meet the minimum participation requirements or have been inactivated for other provisions within 19.30.5 NMAC will be sent a letter explaining the determination along with an objection form explaining documentation requirements.

(2) ARCs who wish to request a review of the department's determination must complete and return the objection form along with all requested documentation within 30 days of the date on the department's letter.

(3) Upon receipt of the requested documentation the department will assign staff to re-evaluate the ranch in question. The department shall have 45 days to complete this evaluation.

(4) If the second evaluation shows the ranch meets the minimum participation requirements or if the inactivation was not warranted the ARC will be sent a follow up letter and the ranch will be allowed to participate in the program.

(5) If, after a second evaluation, it is determined that the ranch still does not meet participation requirements the ARC will be sent a follow up letter explaining the determination.

(6) The ARC may submit a letter to the EPLUS manager requesting a division evaluation should they feel the second decision is in error. The ARC may submit any additional documents or a written statement along with the request for the evaluation. This request and any additional documents must be received by the department within 30 days of the date on the department's second evaluation letter.

(7) A division evaluation will be conducted by the division chief of the wildlife management division or his or her designee(s) and will be designed to ensure that commission approved guidelines and the intent of this rule have been appropriately applied to the ranch in question. A recommendation as to ranch's participation eligibility will be sent to the director.

(8) The ARC will be notified in writing of the determination made by the director within 45 days of the submission of the ARC letter.

(9) The ARC may submit a letter within 30 days of the date on the department's letter regarding the directors decision to the EPLUS manager requesting a commission evaluation should they feel the director's decision is in error.

(10) The commission shall review the director's determination during a scheduled commission meeting. Within 20 days after the commission's decision is rendered and signed by the chairperson of the commission, the department shall provide the ARC with the written determination which will stand as the final decision of the department.

N.M. Admin. Code § 19.30.5.12

19.30.5.12 NMAC - N, 10-17-2005; A, 2-13-2009, Adopted by New Mexico Register, Volume XXIX, Issue 24, December 27, 2018, eff. 4/1/2019