The administrative procedures provided in the Surface Mining Act are exclusive. The director and commission, when performing any function under the Surface Mining Act, are exempt from the provisions of the Administrative Procedures Act [12-8-1 to 12-8-25 NMSA 1978].
History: Laws 1979, ch. 291, § 35.
Severability. — Laws 1979, ch. 291, § 39, provided for the severability of the act if any part or application thereof is held invalid.
Compiler's notes. — Laws 1979, ch. 291, § 36, provided that all regulations issued pursuant to any act repealed by the Surface Mining Act shall continue in full force and effect until replaced by regulations issued pursuant to the Surface Mining Act.
Structure New Mexico Statutes
Section 69-25A-1 - Short title.
Section 69-25A-2 - Purpose of act.
Section 69-25A-3 - Definitions.
Section 69-25A-4 - Coal surface mining commission; duties. (Repealed effective July 1, 2026.)
Section 69-25A-5 - Regulations.
Section 69-25A-6 - Procedure for adopting regulations.
Section 69-25A-7 - Petition to initiate regulations.
Section 69-25A-8 - Director; duties.
Section 69-25A-9 - General provisions pertaining to permits.
Section 69-25A-10 - Permit application requirements.
Section 69-25A-11 - Public liability and self-insurance requirements.
Section 69-25A-12 - Reclamation plan requirements.
Section 69-25A-13 - Performance bonds.
Section 69-25A-14 - Permit approval or denial.
Section 69-25A-15 - Revision of permits.
Section 69-25A-16 - Coal exploration.
Section 69-25A-17 - Public notice and public hearings.
Section 69-25A-18 - Decisions of director and appeals.
Section 69-25A-19 - Environmental protection performance standards; surface coal mining operations.
Section 69-25A-21 - Inspection and monitoring.
Section 69-25A-22 - Penalties and sanctions.
Section 69-25A-23 - Release of performance bonds.
Section 69-25A-24 - Citizen suits.
Section 69-25A-25 - Enforcement.
Section 69-25A-26 - Areas unsuitable for surface coal mining; petitions; exclusions.
Section 69-25A-27 - Cooperative agreement between the state of New Mexico and the United States.
Section 69-25A-28 - Applicability to public agencies, public utilities and public corporations.
Section 69-25A-29 - Administrative review.
Section 69-25A-30 - Judicial review.
Section 69-25A-31 - Exclusions.
Section 69-25A-32 - Conflict of interest; penalty; disclosure.
Section 69-25A-33 - Experimental practices or other use.
Section 69-25A-35 - Administrative procedures; applicability.
Section 69-25A-36 - Termination of agency life; delayed repeal.