NM Stat § 62-19-9 (2021)
2021 New Mexico Statutes|Chapter 62 - Electric, Gas and Water Utilities|Article 19 - Public Regulation Commission|Section 62-19-9 - Commission; general powers and duties. (Effective January 1, 2023.)

A. The commission shall administer and enforce the laws with which it is charged and has every power conferred by law. B. The commission may: (1) subject to legislative appropriation, appoint and employ such professional, technical and clerical assistance as it deems necessary to assist it in performing its powers and duties; (2) delegate authority to subordinates as it deems necessary and appropriate, clearly delineating such delegated authority and any limitations; (3) retain competent attorneys to handle the legal matters of the commission and give advice and counsel in regard to any matter connected with the duties of the commission and, in the discretion of the commission, to represent the commission in any legal proceeding; (4) organize into organizational units as necessary to enable it to function most efficiently, subject to provisions of law requiring or establishing specific organizational units; (5) take administrative action by issuing orders not inconsistent with law to assure implementation of and compliance with the provisions of law for which the commission is responsible and to enforce those orders by appropriate administrative action and court proceedings; (6) conduct research and studies to improve the commission's operations or the provision of services to the citizens of New Mexico; (7) conduct investigations as necessary to carry out the commission's responsibilities; (8) apply for and accept grants and donations in the name of the state to carry out its powers and duties; (9) enter into contracts to carry out its powers and duties; (10) adopt such reasonable administrative, regulatory and procedural rules as may be necessary or appropriate to carry out its powers and duties; (11) cooperate with tribal and pueblo governments on topics over which the commission and the other governments have jurisdiction and conduct joint investigations, hold joint hearings and issue joint or concurrent orders as appropriate; and (12) apply to the district court for injunctions to prevent violations of any laws that it administers or rules or orders adopted pursuant to those laws. C. The commission shall: (1) prepare an annual budget for submission to the legislature; (2) provide for surety bond coverage for all employees of the commission as provided in the Surety Bond Act [10-2-13 to 10-2-16 NMSA 1978] and pay the costs of such bonds; (3) adopt rules to streamline the resolution of cases before it when appropriate by: (a) the use of hearing examiners; (b) the taking of evidence with the least delay practicable; (c) limiting repetitious testimony; and (d) adopting procedures for resolving cases in ways other than by trial-type hearings when appropriate, including consent calendars, conferences, settlements, mediation, arbitration and other alternative dispute resolution methods and the use of staff decisions; and (4) provide a toll-free telephone number and publish it and the commission's general telephone number in local telephone directories. D. A majority of the commission constitutes a quorum for the transaction of business; provided, however, that a majority vote of the commission is needed for a final decision of the commission. History: Laws 1998, ch. 108, § 4; § 8-8-4, recompiled as § 62-19-9 by Laws 2020, ch. 9, § 59. ANNOTATIONSCompiler's notes. — Laws 2020, ch. 9, § 15 recompiled former 8-8-4 NMSA 1978 as part of Chapter 62, Article 19 NMSA 1978, effective January 1, 2023, contingent upon the adoption of Laws 2019, SJC/SRC/SJR Nos. 1 and 4, Constitutional Amendment 1, at the general election held on November 3, 2020. Constitutional Amendment 1 was adopted by a vote of 445,655 for and 355,471 against. The section number was assigned by the compiler.Hearings. — Where the PRC does not delegate its authority to a hearing examiner, but rather, conducts an evidentiary hearing before a full complement of commissioners, unexplained absences by commissioners should be the exception rather than the rule. The commissioners of the PRC have a constitutional and statutory obligation to participate actively and fully in the proceedings before them. Albuquerque Bernalillo County Water Util. Auth. v. N.M. Pub. Regulation Comm'n, 2010-NMSC-013, 148 N.M. 21, 229 P.3d 494. Scope of commission's enforcement authority. — Although the PRC may seek injunctions and impose an administrative fine on a telecommunications provider for any act or omission that the provider knew or should have known was a violation of any applicable law or rule or order of the PRC, the PRC's regulatory authority is not limited to those remedies since the legislature gave it discretion to enforce its orders by appropriate administrative action and court proceedings, which includes discretion to issue an order requiring a telecommunications provider to provide consumer credit or refunds in order to prevent violations of the New Mexico Telecommunications Act. Qwest Corp. v. N.M. Public Regulation Comm'n, 2006-NMSC-042, 140 N.M. 440, 143 P.3d 478.