N.M. Admin. Code § 19.10.14.1424

Current through Register Vol. 35, No. 23, December 10, 2024

Section 19.10.14.1424 - INTERVENTION

A. Any person may intervene as a matter of right or by permission of the Commission pursuant to the criteria set forth in Rule 1-024, NMRA 1998. Any agency represented on the Mining Commission pursuant to NMSA 1978, Section 69-36-6(A) (1993) shall be permitted to intervene as a matter of right by following the procedures set forth in this Section.

B. A person seeking to intervene must file and serve upon each party a motion to intervene at least 10 days before the hearing. The motion shall include the following information:

(1) The name of the person seeking to intervene;

(2) A pleading setting forth the objections to or support for the Director's action which is the subject of the appeal and for which intervention is sought;

(3) Unless the person is an agency that may intervene as a matter of right, an explanation of why intervention should be allowed based upon the criteria set forth in Rule 1-024, NMRA 1998;

(4) The name of each witness to be called at the hearing;

(5) An estimate of the length of the direct testimony of each witness;

(6) A summary or outline of the anticipated direct testimony of each witness and, if the testimony includes expert opinions, a list of documents or other information that provides the basis for those opinions; and

(7) A list of exhibits, if any, to be offered into evidence at the hearing.

C. Any party shall have 5 days after service of a motion to intervene to file a response.

D. The motion shall be decided pursuant to Paragraph F of 19.10.14.1421 NMAC.

N.M. Admin. Code § 19.10.14.1424

6-30-99; 19.10.14.1424 NMAC - Rn, 19 NMAC 10.2.14.1424, 05-15-2001