N.M. Code R. § 19.8.11.1103

Current through Register Vol. 35, No. 16, August 27, 2024

Section 19.8.11.1103 - HEARINGS AND CONFERENCES

A. Procedure for requests. Any person, whose interests are or may be adversely affected by the issuance, revision or renewal of the permit, or the officer or head of any federal, state, tribal or local government agency or authority may, in writing, request that the director hold an informal conference on any application for a permit. The request shall:

(1) briefly summarize the issues to be raised by the requestor at the conference;

(2) state whether the requestor desires to have the conference conducted in the locality of the proposed mining operations; and

(3) be filed with the director not later than 30 days after the last publication of the newspaper advertisement placed by the applicant under Subsection A of 19.8.11.1100 NMAC.

B. Except as provided in Subsection C of 19.8.11.1103 NMAC, if an informal conference is requested in accordance with Subsection A of 19.8.11.1103 NMAC, or upon the director's own motion, the director shall hold an informal conference within a reasonable time following the receipt of the request. The informal conference shall be conducted according to the following:

(1) if requested under Paragraph (2) of Subsection A of 19.8.11.1103 NMAC, it shall be held in the locality of the proposed mining;

(2) the date, time, and location of the informal conference shall be advertised by the director in a newspaper of general circulation in the county of the proposed surface coal mining and reclamation operations at least two weeks prior to the scheduled conference;

(3) if requested, in writing, by a conference requestor in a reasonable time prior to the conference, the director may arrange with the applicant to grant parties to the conference access to the permit area for the purpose of gathering information relevant to the conference;

(4) the conference shall be conducted by a representative of the director, who may accept oral or written statements and any other relevant information from any party to the conference; an electronic or stenographic record shall be made of the conference proceedings, unless waived by all the parties; the record shall be maintained and shall be accessible to parties of the conference until final release of the applicant's performance bond or other equivalent guarantee pursuant to 19.8.14 NMAC.

C. If all parties requesting the informal conference stipulate agreement before the requested informal conference and withdraw their request, the informal conference need not be held.

D. Informal conferences held in accordance with 19.8.11.1103 NMAC may be used by the director as the public hearing required under Subsection D of 19.8.2.202 NMAC on proposed uses or relocation of public roads.

N.M. Code R. § 19.8.11.1103

11-29-97; 19.8.11.1103 NMAC - Rn, 19 NMAC 8.2.11.1103, 9-29-2000; A, 4-28-2006; A, 12-31-2007