N.M. Code R. § 20.11.7.13 – Action by the Director

A. Within 15 consecutive days after receipt of the variance petition, the director shall promptly investigate and evaluate the petition, deliver a written recommendation to each member of the board, and mail a copy of the recommendation to the petitioner by certified mail. The director may deliver a second copy of the recommendation to the petitioner by facsimile or hand delivery. When the circumstances justify, the director may extend the period of time by which the director must submit the director’s recommendation to the board. The director shall notify the board and the petitioner in writing of the length of the extension and the reason for the extension. Sufficient reasons for an extension shall include failure by the petitioner to provide technical information necessary for the director to determine whether to recommend that the board grant or deny a variance.
B. The director's recommendation shall:
(1) state the date that the recommendation is made;
(2) state the director's recommendation; and
(3) state the director's reason for the recommendation.
[3/24/82. . .12/1/95; 20.11.7.13 NMAC - Rn, 20 NMAC 11.07.II.2, 10/1/02; A, 8/1/04]