N.M. Code R. § 20.2.35.114 – Hearings -- Actions by the Board

A. Upon receipt by the board of a petition for review pursuant to subsections E and I of 20.2.35.113 NMAC, the Secretary shall mail notice of hearing to the petitioner, all persons who have submitted written comments on the application, and all persons who have requested notice of hearings held pursuant to this subsection.
B. At least seven days prior to the hearing date, the Secretary shall publish notice of the date, time, place, and subject of the hearing in a newspaper of general circulation in the county in which the facility is located and in a newspaper of general circulation in the state.
C. Public hearings shall be held before the board not less than fifteen days and no more than forty-five days from the date the Secretary mails the notice of the hearing to the petitioner.
D. Public hearings shall be held in Santa Fe unless the board and the petitioner agree upon another site in the state.
E. The board may designate a hearing officer to take evidence at the hearing.
F. A record shall be made at each hearing, the cost of which shall be borne by the Department. Transcript costs shall be paid by those persons requesting transcripts. The cost of providing transcripts to the board members shall be borne by the Department.
G. In the hearing, the technical rules of evidence and the rules of civil procedure shall not apply, but the hearings shall be conducted so that all relevant views are amply and fairly presented without undue repetition. The board may require reasonable substantiation of statements or records tendered and may require any view to be stated in writing when the circumstances justify.
H. The board shall allow all persons a reasonable opportunity at a hearing to submit written and oral evidence and arguments, introduce exhibits, and cross-examine persons who testify.
I. A petitioner may represent himself at the hearing or be represented by any other individual.
J. The board shall render its decision based upon the transcript of the hearing as soon as possible following the preparation of the transcript.
K. The owner or operator of any plant whose certification as a "declining emission natural gas processing plant" has been revoked shall comply with the requirements of the applicable subsections of this section [sections of this Part] within twelve months after the revocation of certification becomes final.
L. As used in subsections B, C, F, G, and I of 20.2.35.113 NMAC the sulfur released in plant processes shall include the sulfur content of any gas sent from the plant for further processing.
[11/30/95; 20.2.35.114 NMAC - Rn, 20 NMAC 2.35.114 10/31/02]