New Mexico Administrative Code

At any time during the pendency of a contest proceeding, the parties or the commissioner may, by agreement, and upon providing written notice of the agreement to the hearing officer, elect to use any form of alternative dispute resolution. Upon receipt of such notice, the hearing…

A. At the conclusion of the hearing, all parties and the commissioner shall leave with the hearing officer such items of evidence as the hearing officer requires. B. At the conclusion of the hearing, the hearing officer may require such post-hearing pleadings and submissions as t…

A. Appeal of the commissioner's decision in a contest shall be as provided in Section 39-3-1.1 NMSA 1978. In such an appeal, the appealing party shall be named as appellant, and the commissioner and other parties shall be named as appellees. The style of such appeal shall be, for…

This part pertains to the conduct of all adjudicatory administrative proceedings before the commissioner of public lands arising from agency determinations and show cause orders, as defined herein. Contested matters arising under Section 19-10-24 NMSA 1978, and Sections 19-7-60 a…

The commissioner's authority to manage the trust lands or resources is found in N.M. Const., Art. XIII, 2, and in Section 19-1-1 NMSA 1978. The commissioner's authority relative to contest proceedings is found in Sections 19-7-64 through 68 NMSA 1978 and Section 9-3-1.1 NMSA 1978…

Permanent.

June 30, 2004, unless a later date is cited at the end of a section.

The objective of this Part 15 is to provide a clear, mandatory, administrative remedy for persons aggrieved by an agency determination or show cause order, as defined herein, and to provide rules to govern the conduct of the adjudicatory administrative proceedings, all within the…

A. "Agency determination" means a written determination, by the commissioner or the commissioner's designee, regarding a final action or decision taken by the commissioner through a state land office department or division, which action adversely and materially affects a person's…

A. A contest will not be initiated by petition without the petitioner first having received an agency determination. In the case of a contest initiated by the commissioner's show cause order, the order itself is the agency determination, and no petition is necessary. B. An agency…

A. Right to contest. Subject to Subsection B of 19.2.15.9 NMAC below, any persons or entities aggrieved by an agency determination shall have the right to a contest pursuant to this Part 15. Such proceedings are a mandatory administrative remedy and must be completed before recou…

Commissioner of Public Lands - New Mexico State Land Office - 310 Old Santa Fe Trail - P. O. Box 1148 - Santa Fe, New Mexico 87501.

Notice that the commissioner intends to promulgate, amend, or repeal a rule shall be given by publication in the New Mexico Register, by publication in at least one newspaper of general circulation in the state, and by posting on a website controlled or authorized by the commissi…

In the commissioner's discretion or as may be required by law, the commissioner may set a public hearing to allow comments on a proposed rule. Notice of such hearing shall be made as provided in 19.2.16.10 NMAC and shall be published and posted no less than 30 days prior to the d…

After the close of the comment period, the commissioner shall consider the contents of the rulemaking record. If the commissioner adopts a rule, the commissioner shall, prior to the effective date of the rule, enter an order. The order shall include a concise statement of the com…

Upon promulgation of a rule by the commissioner, the rule shall be posted in the state land office for the period required by law, if any, and filed as required by the State Rules Act. A rule shall be effective upon publication in the New Mexico Register, unless a later date is s…

If the commissioner determines that an emergency exists which requires immediate action, the commissioner may promulgate, amend, or repeal a rule and post the rule in the state land office for any minimum statutory period and thereafter file the rule as required by the State Rule…

This rule governs the promulgation, amendment, and repeal of rules for the administration of the lands, resources, and assets held in trust by the Commissioner of Public Lands under the terms of the Enabling Act and subsequent legislation. If any provision of this rule is inconsi…

N. M. Const., art. XIII, section 2, and in Section 19-1-1 et seq. NMSA 1978.

Permanent.

July 31, 2002.

The objective of this rule is to provide for the orderly and lawful promulgation, amendment, and repeal of rules for the administration of state trust lands.

As used in this rule. A. "commissioner" means the commissioner of public lands. The commissioner is the executive officer of the state land office and may delegate to state land office staff the performance of duties required of the commissioner under this rule; B. "rule" means a…

Any interested person may request in writing that the commissioner promulgate, amend, or repeal a rule. Within 120 days of receipt of the written request, the commissioner shall either initiate formal proceedings to consider the proposed rule or issue to the individual making the…

No rule shall be adopted by the commissioner until after the commissioner provides public notice and a period for public comment of not less than thirty days, except as provided in this rule for emergency rules.

Commissioner of Public Lands - New Mexico State Land Office 310 Old Santa Fe Trail - P.O. Box 1148 - Santa Fe, New Mexico 87501.

A. Applicants for a geophysical exploration permit must contact the oil, gas and minerals division of the state land office in Santa Fe to verify that the trust lands of interest are available to permit. Interested applicants shall then submit a complete application for permit on…

A. If the commissioner approves an application and determines that a permit will be in the best interest of the trust, a geophysical exploration permit will be issued. The application documents will be incorporated into the permit by reference and the provisions of the approved a…

A. The permit shall be valid for 90 days from the date of its approval by the commissioner; provided, that an extension may be approved by the commissioner upon a showing by the permittee that reasonable work delays occurred because of conditions beyond the permittee's control. B…

Any person who enters upon trust lands for purposes of geophysical exploration shall take all steps necessary to preserve and protect the natural environmental conditions of such lands. The permittee shall remove all stakes, markers, cables, ropes, wires or debris from disturbed …

A. Improvements; Waivers. Before commencement of geophysical exploration activity, the permittee shall execute and provide financial assurance to secure payment for potential injuries to tangible improvements upon the permitted area that may result from a permittee's activity. Th…

A. Fees paid to the commissioner pursuant to this part for permits to conduct geophysical exploration on lands in which the surface is held in trust are consideration for access to use the surface for reasonable geophysical activity. State land office surface lessees are not enti…

Future geophysical exploration permits of state trust lands, excluding exploration for minerals which may be leased under 19.2.17 NMAC. This part does not apply to geophysical exploration related to oil and gas operations on trust lands that are currently under an oil and gas lea…

N. M. Const. Art. XIII; NMSA 1978 Section 19-10-1.

Permanent.

September 14, 2000, unless a later date is cited at the end of a section.

The objective of this part is to provide the general terms and conditions for the geophysical exploration of state trust lands.

A. "Commissioner" means the New Mexico commissioner of public lands, and the commissioner's appointees under Section 19-1-7 NMSA 1978 acting within the scope of their authority. Except for the decision to cancel or otherwise terminate a lease, the commissioner may delegate to sta…

Notwithstanding the issuance of a geophysical exploration permit, no person shall conduct any geophysical activity or associated surveys on trust lands unless the activity is conducted in conformity with all applicable local, state, and federal laws and regulations, and all neces…

Geophysical exploration permits are required on all trust lands on which there is no valid existing oil and gas lease, specifically: A. On all trust lands in which both the surface and mineral estate are held in trust, even if other surface leases are in existence. B. On all trus…

Commissioner of Public Lands, New Mexico State Land Office, 310 Old Santa Fe Trail, P. O. Box 1148, Santa Fe, New Mexico 87501, Phone: (505) 827-5713

A. The commissioner shall assist the board with a secretary. The secretary shall keep minutes of all board meetings, retain custody of board records, and carry out such further duties customary of the office of secretary. B. The commissioner shall provide written notice of regula…

This rule pertains to the working relationship between the commissioner of public lands and the state land trusts advisory board.

The commissioner's authority to manage the state trust lands is found in Article 13, Section 2 of the constitution of New Mexico, and in 19-1-1 NMSA 1978. The authority to promulgate this rule is found in 19-1-2 NMSA 1978. Provisions authorizing the state land trust advisory boar…

Permanent.

June 30, 2016, unless a later date is cited at the end of a section.

The objective of 19.2.18 NMAC is to provide for the orderly and productive working relationship between the commissioner of public lands and the state land trusts advisory board.