Introduction to the Albuquerque-Bernalillo County Air Quality Control Board

III.[4]: Adjudication Rules

• 20.11.81 NMAC applies to adjudicatory hearings.
• Ex parte contact is prohibited – applies from time petition “expected to be filed” to final decision or withdrawal.
• Rules of evidence and civil procedure may be used as guidance.
• “The board shall exercise all powers and duties authorized and required by the act, 20.11.81 NMAC and any other board regulation if the powers and duties are not otherwise delegated by 20.11.81 NMAC to a board staff member, a hearing officer or the hearing clerk.”
• “From the date a proceeding is initiated . . . the chair or acting chair of the board shall serve as hearing officer until another hearing officer is appointed or authorized by the board and is secured by the hearing clerk.”
• Hearing Officer broadly empowered to conduct fair and impartial hearing, elicit facts, avoid delay.
• may decide all motions except dispositive ones (e.g., motion for summary judgment), which must be decided by the Board.
• may provide recommended decision if directed by the Board.
• Transcript to be provided to any member not in attendance who is not disqualified to vote on decision.
• Deliberation must be in open meeting, unless an exception applies under the Open Meetings Act. Final decision must be in open meeting.

III.[4]: Adjudication – Public Interest, Conflicts of Interest, and Related Concepts.

• Under CAA § 128, SIPs must provide that:
• (1) at least a majority of Board members must represent the public interest and not derive any significant portion of their income from persons subject to permits, and
• (2) any potential conflicts of interest by Board members be adequately disclosed.

Board Composition

• City: § 9-5-1-3 (B)(4)(a); County: 30-32(b)(4)(a):
• At least a majority of the membership of the board shall be individuals who represent the public interest and meet the requirements of the state and federal guidelines set forth in the New Mexico Air Quality Control Act, as amended, and the federal Clean Air Act, 42 U.S.C.A. Section 7401, et seq., as amended.
• Further, to the extent that the requirement does not conflict with this [subsection], board members will be selected for their concerns about, and commitment to, the local ambient air quality. Therefore, selections may be made from a broad range of persons representing the public interest and who are experienced or trained in disciplines including natural sciences, humanities, social studies, finance, medicine and health, engineering or physics, law, law enforcement, education, business and industry.