§ 154.077  TYPE C PROCEDURE (COMMISSION).
   (A)   Generally.  The following procedure shall be used when county ordinance requires Type C review of an application.
   (B)   Pre-application conference.  Prior to or at the time of filing an application, a pre-application conference shall be conducted in which the applicant or the applicant's authorized representative shall meet with the Department or an authorized member of the department to review requirements and general concerns about the applicant's request.
   (C)   Application and fee submittal.  The applicant shall submit an application to the Department of P&Z on a form prescribed by the Department.
   (D)   Schedule public hearing before P&Z.  The Department shall schedule a public hearing before the P&Z, or hearing officer as may be requested by the P&Z.
   (E)   Notice of public hearing before P&Z or hearing officer.
      (1)   The Department shall provide individualized notice of the public hearing, of a summary of the substance of the application, and of an adequate description of the property at issue, to those affected by the application as provided by NMSA § 3-21-6(B), as the same may be from time to time amended.
      (2)   The Department shall have the right to provide written notice to additional other persons as deemed appropriate.
   (F)   Conduct of public hearing before P&Z.  The P&Z shall conduct its public hearing according to a resolution it may adopt for that purpose.  At the public hearing the county staff, the applicant and other interested parties may present information relevant to the proposal, and may give reasons why the application should or should not be recommended for approval.  The provisions for ex parte contact, continuation of a hearing, and testimony and evidence provided for in the Type B application procedure shall apply to P&Z hearings in this Type C application procedure as well.
   (G)   Deadline for hearing and recommendation. Within 60 days of receipt of a completed application, or a longer period mutually agreed to by both the Department and the applicant, the P&Z shall have held its hearing and recommend the application be approved or denied by the Commission based on an evaluation of the proposal and applicable criteria as set forth in this chapter.
   (H)   Written recommendation of decision.  Upon issuing a final recommendation of decision to the Commission, the P&Z shall promptly prepare a written recommendation that includes an order recommending grant or denial of the requested relief and a statement of the factual and legal basis for the recommendation, shall file the written decision with the official public records of the P&Z, and serve upon all with standing a document that includes a copy of the written recommendation and the procedure to follow before the Commission.
   (I)   Schedule public hearing before Commission. Promptly after service of the P&Z's written recommendation, the Department shall schedule a public hearing before the Commission, or hearing officer as may be requested by the Commission.  The record and recommendation from the P&Z on the matter shall be transmitted to the Commission at or prior to the Commission's public hearing, and shall be made a part of the Commissions record on the matter.
   (J)   Notice of public hearing before commission or hearing officer.
      (1)   The Department shall provide individualized notice of the public hearing, of a summary of the substance of the application, and of an adequate description of the property at issue, to those affected by the application as provided by NMSA § 3-21-6 (B), as the same may be from time to time amended.
      (2)   The Department shall have the right to provide written notice to additional other persons as deemed appropriate.
   (K)   Conduct of public hearing before Commission.
      (1)   Generally.  The Commission shall conduct its public hearing according to a resolution it may adopt for that purpose.  At the public hearing the county staff, the applicant, and other interested parties may present information relevant to the proposal, and may give reasons why the application should or should not be recommended for approval.
      (2)   Continuance of hearing.  A public hearing may be continued as is necessary to gather additional information on the application or for other good reason and no additional notice need be given if the hearing is adjourned to a time and a date certain, unless otherwise ordered by the Commission.
      (3)   Ex parte contact.
         (a)   In any land use application subject to a quasi-judicial hearing process, applicants, their agents or representatives, interested parties and the general public shall limit their contact with the Commission or any member of the Commission to relevant matters before the Commission.
         (b)   The Commission or any member of the Commission in which the contact has been made, shall refrain from any decision under this chapter until the matter is presented to the full Commission at a public hearing in which all parties have the opportunity to be heard;
         (c)   Staff memoranda, reports and other materials prepared by county staff in connection with the particular matter shall be provided to all parties within a reasonable time before any public meeting on the matter.
      (4)   Testimony and evidence.
         (a)   Testimony and evidence presented at hearings shall be pertinent and based upon sound reasoning, and shall be incorporated into the record unless the chair rules the information to be excluded from the record as immaterial, or of questionable fact, intent or merit, based upon objection raised by the Commission members or other parties having standing in the hearing.
         (b)   All testimony and evidence not excluded shall become a part of the hearing record, and in addition to verbal testimony, may be presented in written form or incorporated by reference.
         (c)   In ascertaining whether or not the party providing testimony or evidence has standing, the chair may ask that the party identify and/or document the basis of standing, or may question the source of the information, or the interest or qualifications of the party submitting testimony or evidence, or question how the party giving testimony might be beneficially or adversely affected by the action under consideration.
         (d)   In the event that it is determined that a party does not have standing because the party will not be beneficially or adversely affected by the action under consideration, the chair may direct that any prior testimony or evidence by that party be stricken from the record, and that further testimony from the party be prohibited.
         (e)   The chair may set reasonable and fair time limits for oral presentation of testimony and evidence.
         (f)   1.   Minutes of the meeting shall be accepted as the official hearing record.
            2.   A verbatim transcript is not required.
         (g)   The rules of evidence shall not apply.
   (L)   Written decision.  Upon issuing a final decision, the Commission shall promptly prepare a written decision that includes an order granting or denying the requested relief and a statement of the factual and legal basis for the order, file the written decision with the County Clerk, and serve a document that includes a copy of the written decision and the requirements for filing an appeal of the final decision on all those with standing and those who have requested the service, in accordance with NMSA § 39-3-1.1(B), as the same may be from time to time amended.
   (M)   Effective date of decision.  The effective date of decision is the date of recording of the final order or, if the decision is that no order is to be filed, the effective date of decision is the date of the letter notifying the applicant of the decision.
   (N)   Re-application.  If an application under the Type C process is denied, and upon an exhaustion of remedies, no new application for the same or substantially similar action shall be filed for at least 1 year from the effective date of decision.
   (O)   Judicial review and/or appeals of commission decisions.  A person with standing aggrieved by a decision of the Commission may appeal its decision pursuant to NMSA § 3-21-9, as the same may be from time to time amended, or seek judicial review pursuant to NMSA, § 3-21-25, as the same may be from time to time amended; provided, that the person file these petition for review or appeal within 30 days after the effective date of the decision from which appeal or petition for review is taken.
(Ord. 2004-05, passed 9-15-2004)