1. A. Use of summary procedures: The board may dispose of a petition after an expedited hearing if a party requests that the merits of the petition be decided solely on legal arguments presented in written briefs and oral arguments.

2. B. Expedited hearing: If the hearing officer determines that the request has a likelihood of success and could fairly expedite the resolution of the proceeding, the hearing officer may allow the parties and interested participants to brief the issue and present oral arguments at an expedited hearing, and then present the issue to the board for a decision. If an expedited hearing is conducted, the hearing officer shall:

   (1) assure that public notice is given in accordance with 20.1.2.205 NMAC and include in the public notice instructions for persons other than parties who wish to participate in the oral argument to submit a statement of intent equivalent to the statement provided in 20.1.2.206 NMAC; and

   (2) allow the public to attend the expedited hearing, but may limit presentations at the hearing to oral arguments by parties and interested participants on the specific issue before the board.

3. C. Decision: After an expedited hearing, the board may decide to either dispose of the matter and issue a final order, or decide not to dispose of the matter and proceed with a full hearing under this part.

[20.1.2.500 NMAC - Rp, 20 NMAC 1.2.V.500, 08/27/06]