N.M. Code R. § 20.11.7.17 – Effect of Order of Board - Failure to Appear at Hearing

A. An order of the board is a final administrative decision and bars the petitioner from petitioning for the same variance without specific permission from the board. At a public hearing by the board to consider again petitioner’s proposal regarding the same variance, the board may consider, among other things, the development of new information and techniques to be sufficient justification for hearing a second petition.
B. If the petitioner or his authorized representative fails to appear at a public hearing on the variance petition, the board shall proceed with the hearing on the basis of the petition.
[3/24/82. . .12/1/95; 20.11.7.17 NMAC - Rn, 20 NMAC 11.07.II.6, 10/1/02; A, 8/1/04]