N.M. Stat. § 67-3-6.1 — NM Code / Chapter 67 / Article 3 / Section 67-3-6.1
§ 67-3-6.1. Department of transportation; powers and duties; common carriers
Status: in_force

A. With respect to common carriers, the department of transportation shall:

(1) fix, determine, supervise, regulate and control all charges and rates of railway, express, sleeping car and other transportation companies and common carriers within the state;

(2) determine any matters of public convenience and necessity with respect to matters subject to its regulatory authority as provided by law;

(3) require railway companies and other common carriers to provide and maintain adequate equipment, depots, stock pens, station buildings, agents and facilities for the accommodation of shippers and passengers and for receiving and delivering freight and express and to provide and maintain necessary crossings, culverts, sidings and other facilities for convenience and safety whenever in the department's judgment the public interest demands;

(4) require railway companies, transportation companies and common carriers to provide such reasonable safety appliances and use such reasonable safety practices as may be necessary and proper for the safety of employees and the public as required by federal or state laws and rules;

(5) change, amend and rescind rates;

(6) enforce its rules through administrative sanctions and in the courts; and

(7) carry out all other duties and have all other powers provided by law.

B. The department of transportation may subpoena witnesses and documents, enforce its subpoenas through any court and, through the court, punish for contempt.

C. The department of transportation has the power, after notice and hearing of record, to determine and decide any question and to issue orders relating to its powers and duties.

D. An interested party may appeal from a final order of the department of transportation by filing a notice of appeal with the supreme court asking for review of the order within thirty days of the final order. The appellant shall pay to the department any costs of preparing and transmitting the record to the court.

E. The pendency of an appeal shall not automatically stay the order appealed from. The appellant may seek to obtain a stay from the department of transportation or the supreme court.

F. The appeal shall be on the record of the hearing before the department of transportation and shall be governed by the appellate rules applicable to administrative appeals. The supreme court shall affirm the department's order unless it is:

(1) arbitrary, capricious or an abuse of discretion;

(2) not supported by substantial evidence in the record; or

(3) otherwise not in accordance with law.

G. In the case of a failure or refusal of a person to comply with an order of the department of transportation within the time prescribed in the order or within thirty days after the order is entered, whichever is later, unless a stay has been granted, the department shall seek enforcement of the order in the district court. The enforcement hearing shall be held on an expedited basis. At the hearing, the sole question shall be whether the person has failed to comply with or violated the order.