DECISIONS:

1. A. In reaching his decision, the director shall use:

   (1) the information contained in the data base and inventory system;

   (2) information provided by other governmental agencies;

   (3) the detailed statement prepared under Subsection E of 19.8.4.402 NMAC; and

   (4) any other relevant information submitted during the comment period.

2. B. A final written decision shall be issued by the director, including a statement of reasons, within 60 days of completion of the public hearing, or, if no public hearing is held, then within 12 months after receipt of the complete petition. The director shall simultaneously send the decision by certified mail to the petitioner, every other party to the proceeding, and to the regional director of the office of surface mining and reclamation for this region.

3. C. The decision of the director with respect to a petition, or the failure of the director to act within the time limits set forth in 19.8.403 NMAC, shall be subject to administrative and judicial review in accordance with Sections 69-25A-29 and 69-25A-30 NMSA 1978.

   [11-29-97; 19.8.4.403 NMAC - Rn, 19 NMAC 8.2.4.403, 9-29-2000]