N.M. Code R. § 20.1.2.502
The board encourages the settlement of a proceeding at any time if the settlement is consistent with the provisions and objectives of the act and regulations. The parties may request that the board stay a proceeding under this part while settlement negotiations are being held. The board may approve a settlement that modifies a permitting action only after evidence supporting such modification is presented at a hearing. The department, however, may withdraw and reissue a modified permitting action under 20.1.2.501 NMAC.
[20.1.2.502 NMAC - Rp, 20 NMAC 1.2.V.502, 08/27/06]