New Mexico Administrative Code

This part is promulgated pursuant to the provisions of the Transportation Network Company Services Act, Chapter 65, Article 7 NMSA 1978 and 2023 N.M. Laws, Chapter 100, Section 81.

Permanent.

July 1, 2024, unless a later date is cited at the end of a section.

The purpose of this rule is to set forth rules governing transportation network companies operating in New Mexico.

In addition to the definitions contained in Section 65-7-2 NMSA 1978, as used in this rule: A. "Act" means the Transportation Network Company Services Act. B. "Department" means the New Mexico department of transportation.

A. A transportation network company shall cause every motor vehicle to be inspected prior to initial service and once each calendar year thereafter. B. Inspections must be performed by a mechanic certified by the national institute for automotive service excellence (ASE) or quali…

A. A transportation network company shall apply for a transportation network company permit in writing on the form prescribed by the department at least 30 days prior to the intended date of operations. B. An application for a transportation network company permit shall contain t…

New Mexico Department of Transportation.

A. Representation: Only the person challenging the action or for a business, a bona fide majority owner, or an attorney licensed and authorized to practice in New Mexico may represent a person in a proceeding. B. Entry of appearance: A formal written entry of appearance must be f…

A. Impartiality: A hearing examiner shall disqualify themselves from any case in which they have a personal stake, relationship or prior involvement in the underlying dispute, or when their impartiality is reasonably questioned. B. Fairness: A hearing examiner shall ensure partie…

A. Pre-hearing conference: A hearing examiner may conduct a pre-hearing conference of the parties as necessary to inform and confer on procedural issues and timelines, clarify issues in dispute, address motions or discovery disputes, and support settlement negotiations between th…

A. Force and effect: Prepared written testimony shall be received with the same force and effect as though it were stated orally by the witness. Witnesses must be present at the public hearing and shall adopt, under oath, their prepared written testimony, subject to cross-examina…

A. Formal rules of evidence and civil procedure do not apply: An orderly exchange of relevant information is encouraged with consideration for the legal requirement that any final decision be supported by competent evidence. B. Limited objections to exclude evidence: All evidence…

A. Marking of exhibits: Exhibits shall be paginated and marked numerically in the order of introduction by the moving party. B. Availability: (1) Evidence to be presented as exhibits must be made available to all parties at least ten (10) calendar days prior to the hearing; (2) P…

A. In-person or electronic: The hearing examiner may conduct a conference or hearing in-person or electronically by telephone or videoconference. B. Continuance or reconvening in an alternative format: If at any point in the proceedings the hearing examiner determines that the sc…

A. Opening: The hearing examiner will provide an overview of the hearing process to the participants. Any commenters are provided an opportunity to enter an oral or written statement for the record, but comments shall not be considered or entered as evidence. The parties may offe…

A. Record of proceedings, evidence and testimony: A full and complete record of all proceedings shall be made electronically by recording and taken and transcribed by a certified court reporter. The transcribed record and entered exhibits shall be filed in the docket upon receipt…

A. Final Decision: The secretary (or designee) shall review the record and file a decision to adopt a recommended decision in whole or in part, with specific reference to the parts adopted and rejected. The decision of the secretary (or designee) shall constitute a final decision…

This rule applies to all transportation service providers subject to the jurisdiction of the department of transportation under the Motor Carrier Act, Sections 65-2A-1 to -41 NMSA 1978, the Ambulance Standards Act, Sections 65-6-1 to -6 NMSA 1978, and the Transportation Network C…

Sections 65-2A-4, 65-6-4, 65-7-21 to -22, and 67-3-6.1 NMSA 1978, and 2023 N.M. Laws, Chapter 100, Section 81.

Permanent.

July 1, 2024 unless a later date is cited at the end of a section.

The purpose of this rule is to set forth the administrative hearing procedures applicable to motor carrier and transportation network services in New Mexico.

A. "Applicant" means any party on whose behalf an application is made for approval or authorization of the department. B. "Calendar days" means that the time period shall be counted as follows: the day of the event that triggers the period shall be excluded. all intermediate days…

A. Written request required: Any person seeking a hearing shall timely file a written request for hearing. The request shall be brief and include: (1) the requestor's name, title, business name and telephone number; (2) a short summary of the reason for the hearing request; and (…

A. Electronic filing required: All filings must be submitted electronically in PDF format to the records bureau. The hearing examiner may require that any document filed in PDF be additionally supplied directly to hearings or parties in the document's native format. B. Fees: A pl…

Energy, Minerals and Natural Resources Department.

A. Application acceptance. To apply for a CEED program grant, an applicant shall:(1) obtain the division-developed CEED program application from the division, (2) conform to the application instructions determined by the division, (3) submit the completed application to the divis…

Contingent upon availability of funds and state appropriations, the division will request applications on an annual cycle that aligns with the state government's fiscal year. The division will determine and announce the application due date(s) for each application cycle no less t…

Applications for CEED Program type one project grant funding shall include the following sections: A. Applicant contact information. This section identifies the full legal name and address of the applicant entity, and the name, title, telephone number, and e-mail address for the …

Applications for CEED program type two project grant funding shall include the following sections: A. Applicant contact information. This section identifies the name, title, telephone number, and e-mail address for the person or persons authorized to negotiate a contract on behal…

Applications will be scored by the division based on the following criteria that include but are not limited to: A. Application completeness. The division will review the entire application to see that it contains all application requirements for the specific project type. B. Cap…

Applications will be scored by the division based on the following criteria, that include but are not limited to: A. Application completeness. The division will review the entire application to see that it contains all application requirements for the specific project type. B. Ca…

A. Indian nation, tribe, or pueblo: If applicable based on statute, prior to the division's final approval of an application, an applicant that is an Indian nation, tribe, or pueblo must provide the division with a copy of a resolution enacted by the Indian nation, tribe, or pueb…

Funding for CEED program projects may come from state, federal, other eligible funding sources, or a combination thereof. A. If the funding source requires a set-aside allotment, entity categories shall have a percentage allotment of available funding reserved in any given fiscal…

Successful applicants receiving CEED program grants shall submit progress and expenditure reports, including a final report, in accordance with the requirements of their respective contract or agreement. Reporting requirements may be on a project-specific basis. The division will…

A. Environmental and cultural resources compliance for projects anticipating ground disturbance. Successful applicants receiving CEED program funding shall provide a statement to demonstrate acknowledgement of compliance with all applicable federal, state, and local environmental…

Part 19.1.10 NMAC applies to all eligible entities applying for a grant from the community energy efficiency development (CEED) program.

Written requests for a variance from any of the provisions of this rule shall: A. state the reasons for the variance request; B. identify each of the sections of this rule for which a variance is requested; C. describe the effect the variance will have, if granted, on compliance …

All information obtained regarding the project, including pre-applications, applications for funding, and reports are subject to disclosure, in response to requests received under provisions of the New Mexico Inspection of Public Records Act, Sections 14-2-1 to 14-2-12 NMSA 1978.…

Part 19.1.10 NMAC is authorized pursuant to Subsection B of 62-17A-3 NMSA 1978, and Subsection E of Section 9-1-5 NMSA 1978.

Permanent.

May 16, 2023, unless a later date is cited at the end of a section.

The objective is to establish procedures for administering the program, adopt application requirements and evaluation criteria, and define the purposes and qualifications for which CEED program funding may be utilized.

For additional definitions, refer to Section 62-17A-2 NMSA 1978. A. "Act" means the Community Energy Efficiency Development Block Grant Act, 62-17A NMSA 1978. B. "Affordable housing assessment" means a calculation of rent or a mortgage that is no more than thirty percent of the U…

Community energy efficiency projects are projects that provide improvements to residential buildings in an underserved community that will, in the aggregate, reduce energy consumption, energy-related operating costs, carbon intensity of energy consumption, or a combination thereo…

A. Entity categories. The CEED program will fund entities in the following categories when funds are available:(1) an Indian nation, tribe, or pueblo; (2) a county; (3) a municipality; and (4) the MFA. B. Project location. The CEED program shall only award grants to eligible enti…