1. A. Publication: The board administrator shall, upon direction from the board or hearing officer, prepare a notice of hearing setting forth the date, time and location of the hearing, a brief description of the petition, and information on the requirements for entry of appearance and statement of intent to present evidence, and:

   (1) no later than thirty (30) days prior to the hearing date, send copies, with requests for publication, to at least one newspaper of general circulation in the state, and to at least one additional newspaper published or distributed at least weekly in the county where the facility is located;

   (2) mail a copy to each interested participant who has filed an entry of appearance, and to each person who participated in the department’s permitting proceeding or who has expressed, in writing to the department or the board, an interest in the facility or permitting action that is the subject of the petition; and

   (3) immediately upon receipt of an entry of appearance that is received after the initial mailing, mail a copy to such interested participant and participant in the department’s permitting proceeding.

2. B. Certification: After the notice of hearing has been distributed in accordance with this section, the board administrator shall file an affidavit certifying how and when notice was given with a copy of the notice of hearing and affidavits of publication attached.

[20.1.2.205 NMAC - Rp, 20 NMAC 1.2.II.205, 08/27/06]