A. After the commission has adopted the regulations required by the Surface Mining Act , any person may petition the commission to initiate a proceeding for the issuance, amendment or repeal of a rule under that act.
B. Such petitions shall be filed with the chairman of the commission and shall set forth the facts which it is claimed establish that it is necessary to issue, amend or repeal a regulation under the Surface Mining Act.
C. The commission may hold a public hearing or may conduct such investigation or proceeding as the commission deems appropriate in order to determine whether or not such petition should be granted.
D. Within ninety days after the filing of a petition described in Subsection A of this section, the commission shall either grant or deny the petition. If the commission grants such petition, the commission shall promptly commence an appropriate proceeding in accordance with the provisions of the Surface Mining Act. If the commission denies such petition, the commission shall so notify the petitioner in writing setting forth the reasons for such denial.
History: Laws 1979, ch. 291, ยง 7.
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 (Repealed effective July 1, 2026.)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.