N.M. Admin. Code § 1.2.2.40

Current through Register Vol. 35, No. 24, December 23, 2024

Section 1.2.2.40 - VARIANCE

A. An petitioner may request a variance from a requirement of any commission rule or order.

B. A petition for variance shall be supported by an affidavit signed by an officer of the applicant or person with authority to sign for the applicant.

C. Such petition may include a motion that the commission stay the affected portion of the rule or order for the transaction specified in the motion.

D. The commission may, at its discretion, require an informal conference or formal evidentiary public hearing prior to making its determination.

E. A petition for variance shall:

(1) identify the section of the rule or order from which the variance is requested;

(2) describe the situation that necessitates the variance;

(3) describe the effect of complying with the rule or order on the applicant if the variance is not granted;

(4) describe the result the variance will have if granted; and

(5) describe how the proposed alternative will achieve the purpose of the rule, and why it is in the public interest.

N.M. Admin. Code § 1.2.2.40

1.2.2.40 NMAC - Rp, 17 NMAC 1.2.39-Subsection I, 9-1-08