A. The following adjudicatory actions by the division are subject to prior hearing in accordance with the requirements of Section 29 [74-9-29 N.M. Stat. Ann.] of the Solid Waste Act, in addition to any specific hearing requirements and procedures under other provisions of that act:

Terms Used In New Mexico Statutes 74-9-28

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(1)     issuance, refusal to issue or modify and revocation of permits for solid waste facilities;

(2)     administrative enforcement actions; and

(3)     actions on requests for variances and exemptions.

B. In any adjudicatory hearing, the director has and may delegate to the hearing officer the power to issue subpoenas for the attendance and testimony of witnesses and the production of relevant documentary evidence. The subpoenas may be enforced by action brought in the district court for the county in which the hearing is held.

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