N.M. Admin. Code § 19.8.35.10

Current through Register Vol. 36, No. 1, January 14, 2025

Section 19.8.35.10 - INITIAL REVIEW OF A VER REQUEST

A. The director must conduct an initial review to determine whether a VER request includes all applicable components of the submission requirements of 19.8.35.9 NMAC. This review pertains only to the completeness of the request, not the legal or technical adequacy of the materials submitted.

B. If a request does not include all applicable components of the submission requirements of 19.8.35.9 NMAC, the director must notify the applicant and establish a reasonable time for submission of the missing information.

C. When a request includes all applicable components of the submission requirements of 19.8.35.9 NMAC, the director must implement the notice and comment requirements of 19.8.35.11 NMAC.

D. If the person making the VER does not provide information that the director requests under Subsection B of 19.8.35.10 NMAC within the time specified or as subsequently extended, the director must issue a determination that the requester has not demonstrated valid existing rights, as provided in Subsection D of 19.8.35.12 NMAC.

N.M. Admin. Code § 19.8.35.10

19.8.35.10 NMAC - N, 1-15-2002