N.M. Admin. Code § 18.1.4.12
Current through Register Vol. 35, No. 24, December 23, 2024
Section 18.1.4.12 - STATE-INITIATED PROJECTS-REQUIRED NOTICEA. The STA has independent authority, exclusive of the TDDs, to conduct research to determine where transportation systems are most needed in the state and for what purposes, and to conduct research to ascertain the most feasible routes for transportation systems in the state. Accordingly, the STA has the authority to commission its own research studies to provide such needed information. Funding of such STA-initiated research shall be based upon a justified application. If the STA finds, through this research, that a transportation system is needed in an area of the state, it shall give notice of its finding to all entities eligible to form transportation development districts which the STA, in its sole discretion, believes have an interest in the need. The STA shall also give notice to all persons it finds, in its sole discretion, to be interested or affected by the transportation or development of the resource or people giving rise to the need.B. The notice, both to the governmental entities (interested Indian tribes and pueblos, municipalities and counties) and to affected persons, shall be in the form of a letter detailing the transportation needs. The letters shall be sent by registered mail, return receipt requested.C. If, after six months from the latest receipt date of these notice letters, the STA finds any of the following conditions exist notwithstanding the notice, it has the option of exercising those powers listed in Section 73-23-4 G and proceeding under Sections 73-23-9 through 73-23-13 NMSA 1978 as amended:(1) the transportation need still exists;(2) persons capable of meeting the need have not acted or proposed to act in a manner capable of meeting the need;(3) no entities (affected Indian tribes and pueblos consistent with their sovereign powers, municipalities and counties) have acted;(4) the entities that acted do not have the capability to meet the transportation need.N.M. Admin. Code § 18.1.4.12