1. A. Notice of withdrawal: A petitioner may withdraw a petition, or the department may withdraw the permitting action which is the subject of the proceeding, at any time prior to a decision by the board by filing a notice of withdrawal with the board and serving the notice on all other parties and interested participants. A party or interested participant may file a written objection to the notice within ten (10) days after receipt. If an objection is filed, the board shall rule on the notice.

2. B. Effect of withdrawal: An effective notice of withdrawal under this section results in the following:

   (1) when a petitioner withdraws an appeal petition, the permitting action becomes final;

   (2) when a petitioner withdraws a variance petition, the petitioner is barred from petitioning for the same variance without permission from the board; and

   (3) when the department withdraws a permitting action, the appeal petition is vacated and the agency must issue a new permitting action within sixty (60) days, unless either the board approves a different time period or the applicant withdraws its application; upon issuance of a new permitting action, the right to file a new appeal petition under the act is available.

[20.1.2.501 NMAC - Rp, 20 NMAC 1.2.V.501, 08/27/06]