N.M. Code R. § 19.10.9.904 – Opportunity for Public Hearing

A. Any interested person may request that the Director conduct a public hearing on the application. Such request must be made within 30 days of the date of the newspaper publication of the notice of application unless the Director determines a longer period in which to make the request is appropriate and such period is specified in the published notice. If a hearing is timely requested, the Director shall set a hearing unless the request is clearly frivolous. The Director may hold a public hearing absent any request.
B. The date, time and location of the public hearing shall be advertised by the Director in a newspaper of general circulation in the locality of the operation. The advertisement shall also identify the applicant, the operation, the purpose of the hearing, and how to contact the Division for additional information. All persons who have submitted written requests in advance to receive notices of hearing to the Director or who have provided comments on the application to the Director shall be mailed notice at least 30 days prior to the hearing.
C. The nearest community to the mining or exploration operation with adequate and accessible public facilities will be the site for any public hearing.
D. All interested persons may submit written comments regarding the application to the Director. Written comments must be received by the Director prior to the close of the hearing record following any public hearing that is held. If no public hearing is held, written comments will be considered only if they are received by the Director within 60 days after the newspaper publication of the notice of the application or within 60 days after the person filling the comment received notice of the application, whichever is later.
E. An additional opportunity for a public hearing may be provided if the applicant makes substantial changes in the proposed action, if there are significant new circumstances or information bearing on the proposed action or if the applicant proposes to substantially increase the scale or substantially change the nature of the proposed action and there is public interest and a request for a public hearing.
[7-12-94, 2-15-96, 7-31-97; 19.10.9.904 NMAC - Rn, 19 NMAC 10.2.9.904, 05-15-2001]