N.M. Admin. Code § 20.5.125.2500

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

Section 20.5.125.2500 - INITIATION OF ADMINISTRATIVE REVIEW

A. Except for appeals as provided for in 20.5.123 NMAC for compliance determinations, any aggrieved party may obtain review of the decision by either:

(1) submitting to the department a written request for informal review pursuant to 20.5.125.2501 NMAC; or

(2) submitting to the secretary or the secretary's designee a written request for review on written submittals pursuant to 20.5.125.2502 NMAC.

B. Any request for administrative review initiated pursuant to Subsection A of this section must be postmarked within 15 days of the date of the decision.

C. An aggrieved party may request review on written submittals under 20.5.125.2502 NMAC without first requesting informal review under 20.5.125.2501 NMAC. If, however, an aggrieved party first requests informal review under 20.5.125.2501 NMAC, the aggrieved party thereafter may request review on written submittals under 20.5.125.2502 NMAC of the determination made by the department pursuant to Subsection D of 20.5.125.2501 NMAC, provided that the request for review on written submittals under 20.5.125.2502 NMAC is postmarked within 15 days of the date of the determination made by the department pursuant to Subsection D of 20.5.125.2501 NMAC.

D. Review under this part does not stay the decision being reviewed, unless otherwise ordered by the secretary or secretary's designee, nor does it apply to or affect the secretary's authority to issue compliance orders or otherwise seek enforcement of these regulations, 20.5 NMAC, under the provisions of the Hazardous Waste Act or the Ground Water Protection Act.

N.M. Admin. Code § 20.5.125.2500

Adopted by New Mexico Register, Volume XXIX, Issue 14, July 24, 2018, eff. 7/24/2018