New Mexico Administrative Code

The commission recognizes that the parties to a proceeding and staff may reach compromises and settle some or all issues. Settlement stipulations shall be binding only if approved by the commission. A. Uncontested stipulations: (1) If the staff and all parties enter into a stipul…

A. Petition: Any person may petition the commission for a declaratory order to terminate a controversy or to remove an uncertainty with respect to the applicability to the petitioner of any statute or rule administered by the commission or any commission order. Petitions for decl…

A. Investigations by the commission: The commission may at any time investigate any matter within its jurisdiction. B. Proceedings filed by the commission of its own motion: Formal proceedings may be initiated by the commission to consider any matter within its jurisdiction again…

A. Intervention: Any person other than staff and the original parties to a proceeding who desires to become a party to the proceeding may move in writing for leave to intervene in the proceeding. (1) The motion for leave to intervene shall indicate the nature of the movant's inte…

A. Contents: In rate cases and in other proceedings as may be appropriate, the commission or presiding officer shall issue a procedural order or orders setting forth:(1) any deadlines the commission or presiding officer may set for the completion of discovery; (2) deadlines for t…

A. Commission policy: The commission favors prompt and complete disclosure and exchange of information and encourages informal arrangements among the parties and staff for this exchange. It is further the commission's policy to encourage the timely use of discovery as a means tow…

A. General: (1) It is the policy of the commission to encourage the use of pre-hearing conferences as a means of making more effective use of hearing time and to otherwise aid in the disposition of the proceeding or the settlement thereof. Having the issues clearly delineated in …

Requests for interim relief may be included in a complaint, petition, application, or other pleading filed by any party. The title of the pleading must clearly indicate that such relief is requested. A. Contents: Except as provided in Sections 65-2A-11 and 70-3-16 NMSA 1978, in a…

A. Subpoena for witnesses and documents: (1) Any party or staff requiring the attendance of a witness from any place in the state to any designated place for the purpose of taking testimony of such witness at a deposition or public hearing in a proceeding before the commission sh…

A. General: The functions of a presiding officer, as the term is used in this rule, may be performed by a hearing examiner, who may be a commissioner appointed by the commission to hear the case to the same extent as would a commission employee appointed as "hearing examiner," un…

Sections 8-8-4, 8-8-16, 53-18-1, 53-19-66, 59A-52-15, 59A-52-16, 60-2C-3, 62-8-3, 62-13-2, 62-14-9.1, 62-14-10, 63-7-23, 63-9-11, 63-9A-5.1, 63-9A-11, 63-9B-5, 63-9H-10, 65-2A-4, 65-2A-36, 65-6-4, and 70-3-13 NMSA 1978.

A. The chairman of the commission or any other commissioner shall preside at public hearings conducted by more than one commissioner. B. The chairman of the commission or any other commissioner may issue any procedural orders prior to, during, or after a public hearing, including…

A. General: (1) Rulings of the presiding officer during the course of a proceeding may only be appealed as provided in this rule. (2) The commission does not favor interlocutory appeals from the rulings of a presiding officer and expects that appeals will be taken only in extraor…

A. Rights of staff, parties, and commenters: (1) At any public hearing all parties and staff shall be entitled to enter an appearance, introduce evidence, examine and cross-examine witnesses, make arguments, and generally participate in the conduct of the proceeding. (2) Commente…

Evidence will ordinarily be received in the order prescribed in this section unless otherwise directed by the commission or presiding officer. In hearing several proceedings upon a consolidated record, the presiding officer shall designate the order of presentation. A. Investigat…

A. Record of proceedings and testimony: (1) A full and complete record of all proceedings before the commission or presiding officer in any formal public hearing and all testimony shall be made by either audio recording by a commission employee or shall be taken down and transcri…

A. General: (1) Subject to the other provisions of this rule, all relevant evidence is admissible which, in the opinion of the presiding officer, is the best evidence most reasonably obtainable, having due regard to its necessity, competence, availability, and trustworthiness. (2…

A. Proposed findings and conclusions: (1) Notice: The presiding officer may require all parties of record and the staff to file proposed forms of order, including proposed findings and conclusions, at the close of testimony in the proceeding. The presiding officer shall immediate…

A. Commission orders: (1) The commission will issue its order in writing in every proceeding. The order shall contain separately stated findings of fact and, in the commission's discretion, conclusions of law, or combined findings and conclusions. The commission may in its discre…

A. Disqualification of hearing examiner: (1) A hearing examiner, other than a commissioner, designated by the commission to preside in a proceeding, may, upon his or her own motion under Paragraph (2) of Subsection E of 1.2.2.29 NMAC or upon written request and approval of the co…

The conduct of commissioners and all employees of the commission shall be governed by the code of conduct adopted by the commission pursuant to Section 10-16-11 NMSA 1978 of the Governmental Conduct Act unless inconsistent with Sections 8-8-17, 8-8-18 and 8-8-19 NMSA 1978.

Permanent.

A. An petitioner may request a variance from a requirement of any commission rule or order. B. A petition for variance shall be supported by an affidavit signed by an officer of the applicant or person with authority to sign for the applicant. C. Such petition may include a motio…

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

The purpose of this rule is to establish procedures for handling matters before the commission concerning its regulation of utilities, telecommunications providers, motor carriers, railroads, fire marshal-regulated entities, corporations, owners and operators of gas and hazardous…

In addition to the definitions contained in Sections 3-29-2, 8-8-2, 53-4-1, 53-6-3, 53-8-2, 53-11-2, 53-19-2, 53-20-2, 60-2C-2, 62-3-3, 62-14-2, 63-9-2, 63-9A-3, 63-9H-3, 65-2A-3, 65-6-2, and 70-3-12 NMSA 1978, as used in this rule: A. Definitions beginning with "A": (1) advisory…

A. Public records: The commission's policy is to allow full and complete access to public records in accordance with the Inspection of Public Records Act, Section 14-2-1 NMSA 1978 et seq. Except when the commission or presiding officer directs otherwise, all pleadings, orders, co…

(See 18.60.4.11 NMAC for matters involving owners and operators of gas and hazardous liquid pipelines and underground facilities, excavators, and one-call notification systems.) A. An individual may appear as a party in person or by an attorney licensed to practice law in New Mex…

New Mexico Public Regulation Commission.

A commissioner, hearing examiner, or advisory staff member who receives, makes, or knowingly causes to be made a communication prohibited by this rule shall disclose it to all parties and give other parties an opportunity to respond. The person to whom the prohibited communicatio…

Upon receipt of a communication knowingly made or caused to be made by a party to a commissioner, hearing examiner, or advisory staff member in violation of NMSA 1978 Section 8-8-17 or this rule, the commissioner or hearing examiner may, pursuant to Subsection E of that section, …

This rule applies to commissioners, hearing examiners, advisory staff, and any party to a commission proceeding.

NMSA 1978 Section 8-8-17.

Permanent.

July 15, 2004, unless a later date is cited at the end of a section.

The purpose of this rule is to implement NMSA 1978 Section 8-8-17 by regulating ex parte communications concerning commission proceedings so as to ensure the fairness and integrity of the commission's decision-making process.

As used in this rule: A. advisory staff means a person hired by the chief of staff, with the consent of the commission, with expertise in regulatory law, engineering, economics or other professional or technical disciplines, to advise the commission on any matter before the commi…

A. A commissioner shall not initiate, permit, or consider a communication directly or indirectly with a party or his or her representative, outside the presence of other parties, concerning a pending rulemaking after the record has been closed or a pending adjudication. B. A hear…

A. Procedural or administrative purposes. Where circumstances require, ex parte communications for procedural or administrative purposes or emergencies, that do not deal with substantive matters or issues on the merits, may be permitted if the commissioner, hearing examiner, or a…

State Commission of Public Records

A. Category: Administration - general management B. Description: Records related to authorization of personnel or entities to perform specific duties and not identified in other classifications. C. Retention: destroy 10 years from date file closed

A. Category: Administration - general management B. Description: Appointments and schedules and related records. C. Retention: destroy one year from close of calendar year in which created

A. Category: Administration - general management B. Description: Governor's appointments and schedules and related records. C. Retention: permanent, transfer to archives when no longer needed for reference

A. Category: Administration - general management B. Description: Internal and external communications and related records to or from executive level personnel including, but not limited to, directives and not identified in other classifications. C. Retention: permanent, transfer …

A. Category: Administration - general management B. Description: Routine correspondence and related records of day-to-day office administration and not identified in other classifications. C.Retention: destroy one year from close of calendar year in which created

A. Category: Administration - general management B. Description: Records including, but not limited to, applications, complaints or requests which are incomplete, have no merit or have been denied, rejected or withdrawn. C. Retention: destroy two years from date file closed