A. The director shall adopt procedural regulations to govern the procedures to be followed in hearings on adjudicatory actions of the director. No adjudicatory actions under the Solid Waste Act shall be taken until these regulations are adopted. As a minimum, the procedural regulations shall provide:

Terms Used In New Mexico Statutes 74-9-29

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(1)     for hearings to be public;

(2)     requirements for prior notice of the variance or exemption request hearings and the methods for giving that notice, which shall be designed to inform interested and affected persons of the nature of the action to be considered and the date, time and place of the hearing;

(3)     for maintenance of a list of persons that desire to have notice of variance request hearings and provisions for giving notice to those persons;

(4)     a reasonable opportunity for all persons desiring to be heard on a variance or exemption request or a permit action to be heard without making the hearing process unreasonably lengthy or cumbersome or burdening the record with unnecessary repetition;

(5)     procedures for discovery;

(6)     assurance that procedural due process requirements are satisfied;

(7)     for the director to designate a hearing officer to conduct a hearing and make a report and recommendation to the director;

(8)     for the maintenance of a record of the hearing proceedings and assessment of the costs of any transcription of testimony that is required for judicial review purposes; and

(9)     for the place of the hearing to be in Santa Fe, and at other places the board may prescribe, for hearings on actions of general statewide application, for hearings on actions of limited local application to be held at a place in the area affected, and for enforcement actions to be heard in Santa Fe.

B. Actions taken by the director following a hearing on adjudicatory actions shall be: (1)     written and shall state the reasons for the action;

(2)     made public when taken;

(3)     communicated to all persons that have made a written request for notification of the action taken; and

(4)     taken within not more than thirty days after the closing of the hearing or the date of submission of a report by a hearing officer.

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