1. A. Timing and contents: An appeal petition shall:

   (1) be filed with the board within thirty (30) days from the date notice is given of the permitting action;

   (2) identify the petitioner, and certify that the petitioner has standing under the act to file the petition;

   (3) identify the permitting action appealed from, specify the portions of the permitting action to which petitioner objects and generally state the objections; and

   (4) attach a copy of the permitting action.

2. B. Hearing delay: A petitioner may delay a hearing to negotiate with the department by waiving in the petition the right to a hearing within sixty (60) days. The waiver will stay all other deadlines under this part for sixty (60) days; the stay may be extended by a stipulated or unopposed motion. Any such stipulated or unopposed motion must be filed with the board, and served as required by this part, at least fifteen (15) days before the expiration of the sixty (60) day period.

3. C. Response of department: The department shall, within thirty (30) days after receipt of an appeal petition:

   (1) file with the board the administrative record of the permitting action which is the subject of the petition; the department shall serve only the index to the record on other parties; the parties may stipulate that only the relevant portions of the record be filed with the board;

   (2) deliver to the board administrator a list of all persons who have expressed in writing an interest in the facility or the permitting action that is the subject of the petition or who participated in a public hearing on the permitting action; and

   (3) file an answer to the petition responding to each objection in the petition.

[20.1.2.202 NMAC - Rp, 20 NMAC 1.2.II.202, 08/27/06]