1. A. Any person who is or may be affected by a rule adopted by the board may file a motion with the board seeking a stay of that rule or regulatory change. The motion shall include the reason for, and the legal authority supporting, the granting of a stay. The movant shall file the motion with the board administrator at least 30 days before the meeting at which the board will consider the motion. The movant shall serve the motion for a stay as provided by this part, and shall further serve all parties in the rulemaking proceeding. The board chair will decide at which meeting the stay motion will be heard.
2. B. Unless otherwise provided by governing law, the board may grant a stay pending appeal of any regulatory change promulgated by the board. The board may only grant a stay if good cause is shown after a motion is filed and a hearing is held.

3. C. In determining whether good cause is present for the granting of a stay, the board, upon at least a two-thirds vote of the members voting shall consider:

   1. (1) the likelihood that the movant will prevail on the merits of the appeal;
   2. (2) whether the moving party will suffer irreparable harm if a stay is not granted;
   3. (3) whether substantial harm will result to other interested persons; and
   4. (4) whether harm will ensue to the public interest.

4. D. If no action is taken within 60 days after filing of the motion, the board shall be deemed to have denied the motion for stay.

   HISTORY OF 20.1.1 NMAC:

   Pre-NMAC History: The material in this part was derived from that previously filed with the commission of public records, state records center and archives under:

   EIB 93-1, Rules of Procedure for Environmental Improvement Board Regulation Hearings, filed 1/21/93.

   History of Repealed Material: 20 NMAC 1.1, Rulemaking Procedures - Environmental Improvement Board (filed 10/27/95) repealed 08/27/06.

   20.1.1 NMAC, Rulemaking Procedures - Environmental Improvement Board, filed 08/27/06, repealed 04/14/18.

   Other History:

   EIB 93-1, Rules of Procedure for Environmental Improvement Board Regulation Hearings (filed 1/21/93) was renumbered, reformatted, amended and replaced by 20 NMAC 1.1, Rulemaking Procedures - Environmental Improvement Board, effective 11/30/95.

   20 NMAC 1.1, Rulemaking Procedures - Environmental Improvement Board (filed 10/27/95) was renumbered, reformatted, and replaced by 20.1.1 NMAC, Rulemaking Procedures - Environmental Improvement Board, effective 08/27/06.

[20.1.1.501 NMAC - Rp, 20.1.1.501 NMAC, 04/14/2018]