N.M. Admin. Code § 20.1.6.7

Current through Register Vol. 35, No. 21, November 5, 2024

Section 20.1.6.7 - DEFINITIONS

As used in this part:

A. "Act" means the Water Quality Act, Sections 74-6-1 through 74-6-17 NMSA 1978.

B. "Commission administrator" means the department employee designated by the secretary of environment to provide staff support to the commission.

C. "Commission" means the water quality control commission.

D. "Constituent agency" means any or all agencies of the state defined as such under the act.

E. "Department" means the New Mexico environment department.

F. "Document" means any paper, exhibit, pleading, motion, response, memorandum, decision, order or other written or tangible item that is filed in a proceeding under this part, or brought to or before the commission for its consideration, but does not include a cover letter accompanying a document transmitted for filing.

G. "Exhibit" means any document or tangible item submitted for inclusion in the hearing record.

H. "General public" means any person attending a hearing who has not submitted a notice of intent to present technical testimony.

I. "Governing law" means the statute, including any applicable case law, which authorizes and governs the decision on the proposed regulatory change.

J. "Hearing officer" means the person designated by the commission to conduct a hearing under this part.

K. "Hearing record" means:

(1) the transcript of proceedings; and

(2) the record proper.

L. "Participant" means any person who participates in a rulemaking proceeding before the commission.

M. "Party" means the petitioner, any person filing a notice of intent to present technical testimony, and any person filing an entry of appearance.

N. "Person" means an individual or any entity, including federal, state and local governmental entities, however organized.

O. "Petitioner" means the person who petitioned the commission for the regulatory change that is the subject of the hearing.

P. "Provide to the public" means for the commission to distribute rulemaking information by:

(1) posting it on the commission's website;

(2) posting it on the New Mexico sunshine portal;

(3) making it available at the applicable constituent agency's district, field, and regional offices, if any;

(4) sending it by email to persons who have made a written request for notice of announcements addressing the subject of the rulemaking proceeding and who have provided an email address to the commission administrator;

(5) sending it by email to persons who have participated in the rulemaking and who have provided an email address to the commission administrator;

(6) sending written notice that includes, at a minimum, an internet and street address where the information may be found to persons who provide a postal address; and

(7) providing it to the New Mexico legislative council for distribution to appropriate interim and standing legislative committees.

Q. "Record proper" means all documents related to the hearing and received or generated by the commission prior to the beginning, or after the conclusion, of the hearing, including, but not limited to:

(1) the petition for hearing and any response thereto;

(2) the minutes (or an appropriate extract of the minutes) of the meeting at which the petition for hearing was considered, and of any subsequent meeting at which the proposed regulatory change was discussed;

(3) the notice of hearing;

(4) affidavits of publication;

(5) a copy of all publications in the New Mexico register relating to the proposed rule;

(6) notices of intent to present technical testimony;

(7) a copy of any technical information that was relied upon in formulating the final rule;

(8) all written pleadings, including motions and responsive pleadings, and orders;

(9) statements for the public record or other relevant materials received by the agency during the public comment period;

(10) the hearing officer's report, if any;

(11) a copy of the full text of the initial proposed rule, the full text of the final adopted rule, and the concise explanatory statement filed with the state records administrator;

(12) post-hearing submissions, if allowed;

(13) the audio recordings (or an appropriate extract of the recordings) of the meeting(s) at which the commission deliberated on the adoption of the proposed regulatory change;

(14) the commission's decision and the reasons therefore; and

(15) any corrections made by the state records administrator pursuant to Section 14-4-3 NMSA 1978.

R. "Regulation" means any rule, regulation or standard promulgated by the commission and affecting one or more persons, besides the commission and the department, except for any order or decision issued in connection with the disposition of any case involving a particular matter as applied to a specific set of facts.

S. "Regulatory change" means the adoption, amendment or repeal of a regulation.

T. "Service" means personally delivering a copy of the document, exhibit or pleading to the person required by this part to be served; mailing it to that person; or, if that person has agreed, sending it by electronic transmission; if a person is represented by an attorney, service of the document shall be made on the attorney; service by mail is complete upon mailing the document; service by electronic transmission is complete upon transmission of the document.

U. "Technical testimony" means scientific, engineering, economic or other specialized testimony, but does not include legal argument, general comments, or statements of policy or position concerning matters at issue in the hearing.

V. "Transcript of proceedings" means the verbatim record (audio recording or stenographic) of the proceedings, testimony and argument in the matter, together with all exhibits proffered at the hearing, whether or not admitted into evidence, including the record of any motion hearings or prehearing conferences.

N.M. Admin. Code § 20.1.6.7

Adopted by New Mexico Register, Volume XXVIII, Issue 07, April 11, 2017, eff. 5/1/2017, Adopted by New Mexico Register, Volume XXIX, Issue 04, February 27, 2018, eff. 3/16/2018