New Mexico Statutes Chapter 74. Environmental Improvement § 74-6C-8. Appeals to the commission

A. An interested person who is affected by a permitting action or compliance order may file a petition for review before the commission.  The petition shall:

B. A person who files a timely petition for review may request a stay of the department's action, which the commission may grant in whole or in part after a hearing on the request and a showing of good cause.

C. Unless a timely petition for review is made, the decision of the department shall be final and shall not be subject to judicial review or review by the commission.

D. If a timely petition for review is made, the commission shall consider the petition within ninety days after receipt of the petition at a commission meeting open to the public.  The commission shall notify the petitioner and the applicant or permittee, if other than the petitioner, of the date, time and location of the public commission meeting at which the petition for review will be considered.  If the petitioner is not the applicant or permittee, the applicant or permittee shall be a party to the proceeding.  The commission shall ensure that the public receives notice of the date, time and place of the review.

E. The commission shall review the record compiled before the department, including the transcript of any public hearing held on the permitting action or compliance order, and shall allow any party to submit arguments.

F. The commission may designate a hearing officer to review the record and the arguments of the parties and recommend a decision to the commission.

G. Based on the review of the evidence, the arguments of the parties, if any, and the recommendations of the hearing officer, if one is designated, the commission shall sustain, modify or reverse the action of the department.  The commission shall enter ultimate findings of fact and conclusions of law and keep a record of the review.

H. Prior to the date set for review, if a party shows to the satisfaction of the commission that there was no reasonable opportunity to submit comment or evidence on an issue being challenged, the commission shall order that additional comment or evidence be taken by the department.  Based on the additional evidence, the department may revise the decision and shall promptly file with the commission the additional evidence received and action taken.  The commission shall consider the additional evidence within ninety days after receipt of the additional evidence and shall notify the petitioner and the applicant or permittee, if other than the petitioner, of the date, time and place of the review.

I. The commission shall notify the petitioner and all other participants in the review proceeding of the action taken by the commission and the reasons for that action.