A. An applicant for issuance, renewal, or modification of a permit, or remedy selection shall be required to pay the following hearing fees if the secretary determines that a public hearing shall be held on the application.

1. (1) Hearing fee: The applicant shall be invoiced a hearing fee of $25,000 within 30 days of notification by the secretary that a hearing will be scheduled.
2. (2) Administrative record preparation fee: The applicant shall pay an administrative record preparation fee equal to the actual cost of copying the administrative record for the public hearing process.
3. (3) Facility fee: The applicant shall pay a facility fee equal to the actual cost of providing the public facility, including security and other ancillary costs, necessary to conduct the public hearing.
4. (4) Recording and Transcription service fee: The applicant shall pay a recording and transcription service fee equal to the actual cost of providing recording and transcription services for the public hearing and providing three copies of the hearing transcript to NMED.
5. (5) Translation service fee: If the secretary determines that translation services are required for the public hearing, the applicant shall pay a translation service fee equal to the actual cost of providing translation services necessary to conduct the public hearing.

6. (6) The applicant shall be invoiced for the total cost of the hearing within 90 days after the secretary’s final decision under Subsection A of 20.4.2.203 NMAC. The hearing fee required under Paragraph (1) of Subsection A of 20.4.2.203 NMAC will be credited against the total cost of the hearing, or if the fee is more than the total cost of the hearing it shall be credited for future actions.

   [12/31/1998; 20.4.2.203 NMAC - Rn, 20 NMAC 4.2.II.201.8 & 203 & A, 8/18/2006; A, 3/5/2020]