New Mexico Administrative Code

If any part or application of this rule is held to be invalid, the remainder or its application to other situations or persons shall not be affected. Any section of this rule legally severed shall not interfere with the remaining protections and duties provided by this rule.

This rule applies to all persons licensed or seeking to be licensed to produce, manufacture, and sell cannabis pursuant to the Cannabis Regulation Act.

The requirements set forth herein are promulgated by the cannabis control division pursuant to the authority granted under the Cannabis Regulation Act, and the Lynn and Erin Compassionate Use Act.

Permanent.

August 24, 2021, unless a different date is cited at the end of a section.

The objective of Part 8 is to establish the limit of mature cannabis plants a licensee is authorized to cultivate pursuant to the Cannabis Regulation Act.

Unless otherwise defined in Title 16, Chapter 8, Part 1, terms used in Title 16, Chapter 8, have the same meanings as set forth in the Cannabis Regulation Act and the licensing authority under the Lynn and Erin Compassionate Use Act.

A. Cannabis plant growth cycle: For purposes of this rule, the cannabis plant growth cycle is based on the following four stages: (1) germination stage includes a seed sprouting to form a seedling; (2) seedling stage includes a shoot emerging from the soil surface, eventually for…

A. Initial license designation: For the purpose of determining the number of mature cannabis plants a licensee may be allocated to cultivate, all cannabis producer and vertically integrated cannabis establishment licenses issued on or after August 15, 2021, will be designated by …

New Mexico Public Service Commission [New Mexico Public Regulation Commission.

In the event the Commission decides to take additional comments at a hearing, rulemaking hearings shall be conducted as follows: A. The rules of civil procedure and the rules of evidence shall not apply. B. Unless the circumstances otherwise justify the order of appearance will b…

The Commission may appoint a Hearing Examiner to conduct the hearing and receive evidence. The Hearing Examiner will be authorized to make all rulings in the conduct of the proceedings and in the receipt of statements and supporting data. All utilities affected by the action of t…

A. A record shall be made at each proceeding, the cost of which shall be borne by the Commission. Transcript costs shall be paid by those persons requesting transcripts. The cost of providing transcripts to the Commission shall be borne by the Commission. B. The record shall be c…

At the conclusion of the hearing the Commission or Hearing Examiner may request participants to submit prepared findings of fact, conclusions of law, briefs, or other pertinent supporting information.

For purposes of developing proposed rules and regulations under NMPSC Rule 120 [17.1.120 NMAC], the Commission may order utilities under its jurisdiction to submit specific information reasonably required and pertinent to the rulemaking, may request attendance at informal meeting…

Each rule, amendment, or repeal thereof adopted by the Commission shall be filed with the State Records Center in accordance with NMSA 1978, Section 14-4-3 and with the New Mexico Register in accordance with NMSA 1978, Section 14-4-7.1.

Codified by NMPSC Case No. 2086, order dated June 30, 1988, unless otherwise noted. Formerly NMPSC General Order No. 29, superseded for purposes of rule reorganization and codification; Amended by NMPSC Case No. 2311, order dated April 16, 1990.

NMPSC Rule 120 [17.1.120 NMAC] shall apply to all rulemaking proceedings pursuant to the Public Utility Act.

The purpose of NMPSC Rule 120 [17.1.120 NMAC] is to establish a rulemaking procedure which will enable the New Mexico Public Service Commission [New Mexico Public Regulation Commission] to secure the views and statements of all interested persons concerning rules and regulations …

When used in NMPSC Rule 120 [17.1.120 NMAC] unless otherwise specified the following definitions shall apply. A. "Commission" means the New Mexico Public Service Commission [New Mexico Public Regulation Commission]. B. "Rule" or "Regulation" means the whole or any part of every C…

A. Preamble [17.1.120.6 NMAC] B. Applicability [17.1.120.2 NMAC] C. Definitions [17.1.120.7 NMAC] D. Rulemaking Prerequisites [17.1.120.9 NMAC] E. Rulemaking Hearings [17.1.120.10 NMAC] F. Hearing Examiner [17.1.120.11 NMAC] G. Record of the Rulemaking Hearing [17.1.120.12 NMAC] …

A. Prior to the adoption, amendment, or repeal of any rule the Commission shall publish notice of its proposed action in the New Mexico Register and at least forty-five (45) days prior to its proposed action: (1) Publish notice of its proposed action in newspapers of general circ…

Public Regulation Commission.

A. General: This section applies to all filings seeking new rates, except as otherwise provided by statute or by commission rule or order. B. Filings seeking new rates: (1) Proceedings involving new rates shall be initiated by advice notice notifying the commission of the utility…

This rule applies to applications for approval of certificates of public convenience and necessity, securities, and new rates filed by utilities pursuant to the Public Utility Act, Chapter 62, Articles 1 to 6 and 8 to 13 NMSA 1978.

Section 8-8-4 NMSA 1978 and Section 62-8-3 NMSA 1978.

Permanent.

September 1, 2008, unless a later date is cited at the end of a section.

To establish procedures for filing applications for certificates of public convenience and necessity, new rates, and securities pursuant to the Public Utility Act.

As used in this rule: A. advice notice means a listing by a utility of proposed changes in tariff schedules and proposed effective dates issued to the public and filed with the commission; and B. newrates means either a change in an existing rate or rates or the institution of a …

A. Annual informational financing filing: (1) For purposes of this section, the term "utility" shall include each person subject to Subsection B of Section 62-6-4 NMSA 1978 and each electric, gas, or combination utility subject to the jurisdiction of the commission. (2) Each rura…

A. Applications for certificates: Applications for certificates of public convenience and necessity shall conform to the requirements of this rule regarding pleadings and shall include in written form all direct testimony and supporting exhibits intended to be introduced into evi…

New Mexico Public Service Commission [New Mexico Public Regulation Commission].

A. Table of Contents--Rates: A complete list shall be maintained of all rates, charges, and NMPSC Rule 570 [17.9.570 NMAC] buy-back rates filed in the rate subsection of the schedule of Rates, Rules, and Forms. This list shall be tabulated by rate number. B. Rate Pages: Rate page…

A. New and Cancelled Rates, Rules, and Forms--How Shown: (1) When any change is made in a Rate, Rule, or Form, or any part thereof, a new Rate, Rule, or Form shall be filed and attention shall be directed to the changes on the revised Rate, Rule, or Form by placing an "X" at the …

A. Public Inspection of Rates, Rules, or Forms--Posting Notice: Each public utility shall maintain a notice posted in a conspicuous location at each of its New Mexico business offices stating that its complete schedules are open to public inspection at its main and outlying busin…

NMPSC Case No. 2086, order dated June 30, 1988, unless otherwise noted. Formerly NMPSC Second Revised General Order No. 2, superseded for purposes of rule reorganization and codification.

NMPSC Rule 210 [17.1.210 NMAC] is designed to provide for: A. The general form and arrangement of Rates, Rules, and Forms showing in a uniform and convenient manner all rates, classifications of service, service rules, privileges, or conditions relating to rates and service, form…

A. Permanent Schedule of Rates, Rules and Forms [17.1.210.9 NMAC] (1) General Application and Purpose [17.1.210.6 NMAC] (2) Time of Filing (3) Schedule of Rates, Rules, and Forms (4) Separate Schedule of Rates, Rules, and Forms for Separate Utility Services (5) Uniform Size Pages…