N.M. Admin. Code § 20.1.9.7

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

Section 20.1.9.7 - DEFINITIONS

As used in this part:

A."department" means the New Mexico environment department;

B."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 is brought to or before the secretary for consideration, but does not include a cover letter accompanying a document transmitted for filing;

C."exhibit" means any document or tangible item submitted for inclusion in the hearing record;

D."general public" includes any person attending a hearing who has not submitted a notice of intent to present technical testimony;

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

F."hearing clerk" means the department employee designated by the secretary as the hearing clerk for the department;

G."hearing officer" means the person designated by the secretary of the department to conduct a hearing under this part; the hearing officer may be an employee of the department;

H."hearing record" means:

(1) the transcript of proceedings; and

(2) the record proper;

I."participant" means any person who participates in a rulemaking proceeding before the secretary;

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

K."person" means an individual or entity, including federal, state, local, and tribal governmental entities, however organized;

L."petitioner" means the person who petitioned the secretary for the regulatory change that is the subject of the rulemaking hearing;

M."provide to the public" means for the secretary to distribute rulemaking information by:

(1) posting it on the department website;

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

(3) making it available at the department's district, field, and regional offices;

(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 secretary's hearing office administrator;

(5) sending it by email to persons who have participated in the rulemaking and who have provided an email address to the secretary's hearing office administrator;

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

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

N."record proper" means all documents related to the hearing and received or generated by the secretary prior to the beginning, or after the conclusions, of the hearing, including but not limited to:

(1) the petition for hearing, including the proposed regulatory change and any response thereto;

(2) the notice of hearing;

(3) affidavits of publication;

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

(5) notices of intent to present technical testimony;

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

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

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

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

(10) 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;

(11) post-hearing submissions, if allowed; and

(12) the secretary's decision and the reasons therefore; and

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

O."regulation" means any regulation, rule, or standard promulgated by the secretary and affecting one or more persons, besides the secretary 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;

P."regulatory change" means the adoption, amendment or repeal of a regulation;

Q."secretary" means the secretary of the New Mexico environment department, the secretary's designee, or any person who properly assumes the role of the secretary in the event of the secretary's recusal or disqualification.

R."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 facsimile or 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 facsimile or electronic transmission is complete upon transmission of the document.

S."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; and

T."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 recording of any motion hearings or prehearing conferences.

N.M. Admin. Code § 20.1.9.7

20.1.9.7 NMAC - N, 12/01/07, Adopted by New Mexico Register, Volume XXIX, Issue 23, December 11, 2018, eff. 12/11/2018