1. A. The weather control committee shall consider the merits of an application and otherwise determine if the requirements of the Weather Control Act and this rule have been met and may hold a hearing on such application at its discretion or in the event of either:

   (1) written protest of the application by at least five (5) interested parties received in the offices of the commission (address in Paragraph (2) of Subsection A of 19.17.2.18 NMAC herein) within ten (10) days after last publication of the notice of intention; or

   (2) written request by the applicant in accordance with Paragraph (2) of Subsection B of 19.17.2.16 NMAC; commission address for mailing of written protests of any application: Attn: Weather Control Committee, New Mexico Interstate Stream Commission, Post Office Box 25102 Santa Fe, New Mexico 87504-5102.

2. B. All hearings may be held before the weather control committee, at the commission’s sole discretion.
3. C. Notice of hearing. At least twenty (20) days prior to a hearing by the weather control committee or the commission on an application, the commission’s staff shall notify in writing all hearing participants of the hearing date and location. If an applicant requests a hearing after a recommendation of denial by commission staff, the applicant shall first publish the notice of intention in accordance with 19.17.2.17 NMAC of this rule.
4. D. Hearing is optional. At the discretion of the weather control committee, it may elect to provide a weather control committee recommendation in accordance with Subsection H of 19.17.2.19 NMAC of this rule without a hearing.

[19.17.2.18 NMAC - N, 01-15-2005]