N.M. Stat. » Chapter 69 — Mines
New Mexico Statutes

N.M. Stat. § 69-36-15 (2026)

Administrative review

✓ current as of May 2026
Find cases: SyfertCases citing this section NM-LEGnmonesource.com JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

A. Any order, penalty assessment or issuance or denial of a permit by the director pursuant to the New Mexico Mining Act shall become final unless a person who is or may be adversely affected by the order, penalty assessment or issuance or denial of a permit files, within sixty days from the date of notice of the order, penalty assessment or issuance or denial of a permit, a written petition to the commission for review of the order, penalty assessment or issuance or denial of a permit by the director.

B. The commission shall set a hearing no sooner than thirty days and no later than sixty days from the date of receipt of the petition.

C. Evidence in support of, or to challenge, the action of the director shall be heard by the commission or by a hearing officer appointed by the commission.

D. A verbatim record of the hearing shall be made and preserved by the commission or the hearing officer.

E. A recommendation based on the record shall be made by the hearing officer and presented to the commission. The commission shall issue findings of fact and a final decision in the proceedings.

F. The chairman of the commission may issue subpoenas to compel attendance of witnesses and for documents relevant to the action to be heard before the commission. The Rules of Civil Procedure for the District Courts shall govern discovery procedures in commission hearings.

History: Laws 1993, ch. 315, § 15.

ANNOTATIONS

Administrative review. — A challenge to the issuance of a permit must pursue an administrative review under this section before proceeding with a "citizen suit" under 69- 36-14 NMSA 1978. Pueblo of Picuris v. N.M. Energy, Minerals & Natural Res. Dep't, 2001-NMCA-084, 131 N.M. 166, 33 P.3d 916, cert. denied, 131 N.M. 221, 34 P.3d 610 (2002).

Notes of Decisions
Cited in 4 cases, 1995–2002 · leading case: Rio Grande Chapter of the Sierra Club v. New Mexico Mining Comm'n, 61 P.3d 806 (N.M. 2002).
Sort: Relevance Newest Treatment
Rio Grande Chapter of the Sierra Club v. New Mexico Mining Comm'n, 61 P.3d 806 (N.M. 2002). · cites it 4× “FACTS AND PROCEDURAL BACKGROUND {2} On May 4, 1998, Sierra Club petitioned the Commission to review the Director's decision pursuant to NMSA 1978, § 69-36-15(A) (1993). In those proceedings, Sierra Club argued that the Director acted contrary to the Mining Act by expanding the…”
Pueblo of Picuris v. New Mexico Energy, Minerals & Nat. Resources Dep't, 33 P.3d 916 (N.M. Ct. App. 2001). · cites it 4× “Compare § 69-36-15 with § 69-25A-29(G). Under the Surface Mining Act, an appeal to the surface coal mining commission (similar in structure to the Commission in the Mining Act) is permissive only.”
Old Abe Co. v. New Mexico Mining Comm'n, 908 P.2d 776 (N.M. Ct. App. 1995). · cites it 2× “See § 69-36-15(A) (administrative review by the Commission); § 69-36-16 (judicial review).”
Rio Grande Chapter of the Sierra Club v. New Mexico Mining Comm'n, 27 P.3d 984 (N.M. Ct. App. 2001). · cites it 2× “See NMSA 1978, §§ 69-36-15(A) & -16 (1993). {21} Although the legislature has not expressed a specific intent with regard to expanding an existing permit area, we conclude the legislature implicitly delegated authority for these decisions to MMD and the Commission.”
N.M. Stat. § 69-36-15(A): 4 cases
Rio Grande Chapter of the Sierra Club v. New Mexico Mining Comm'n, 61 P.3d 806 (N.M. 2002). “FACTS AND PROCEDURAL BACKGROUND {2} On May 4, 1998, Sierra Club petitioned the Commission to review the Director's decision pursuant to NMSA 1978, § 69-36-15(A) (1993). In those proceedings, Sierra Club argued that the Director acted contrary to the Mining Act by expanding the…”
Pueblo of Picuris v. New Mexico Energy, Minerals & Nat. Resources Dep't, 33 P.3d 916 (N.M. Ct. App. 2001). “Compare § 69-36-15 with § 69-25A-29(G). Under the Surface Mining Act, an appeal to the surface coal mining commission (similar in structure to the Commission in the Mining Act) is permissive only.”
Old Abe Co. v. New Mexico Mining Comm'n, 908 P.2d 776 (N.M. Ct. App. 1995). “See § 69-36-15(A) (administrative review by the Commission); § 69-36-16 (judicial review).”
Rio Grande Chapter of the Sierra Club v. New Mexico Mining Comm'n, 27 P.3d 984 (N.M. Ct. App. 2001). “See NMSA 1978, §§ 69-36-15(A) & -16 (1993). {21} Although the legislature has not expressed a specific intent with regard to expanding an existing permit area, we conclude the legislature implicitly delegated authority for these decisions to MMD and the Commission.”
N.M. Stat. § 69-36-15(B): 1 case
Old Abe Co. v. New Mexico Mining Comm'n, 908 P.2d 776 (N.M. Ct. App. 1995). “See § 69-36-15(A) (administrative review by the Commission); § 69-36-16 (judicial review).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.