2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 2A - Motor Carrier Act › Section 65-2A-5 - Applications in general; ministerial grants of authority; when public hearings required.

A. A person shall file an application for any matter for which commission approval is required. An application shall be made in writing, verified and in a form that contains information and is accompanied by proof of service upon interested persons as required by the commission.
B. The commission shall simplify to the extent possible the process for approving applications. The commission may hold a public hearing on its own initiative or specific to an objection that has been filed within the notice period in opposition to or in consideration of an application.
C. The commission shall hold a public hearing on an application whenever a protest is filed concerning the application during the notice period or the transportation division of the commission requests a hearing during the notice period.
D. The commission may approve or deny an application in whole or in part, or allow or require particular terms of service as it may find reasonable and appropriate. If no objection, protest or request for hearing by the transportation division of the commission is filed during the notice period, the commission may grant the application by ministerial action, if the application complies with the provisions of the Motor Carrier Act and the rules of the commission regarding fitness, ability, financial responsibility and safety.
History:
Laws 2003, ch. 359, § 5; 2013, ch. 73, § 4; 2013, ch. 77, § 4.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, authorized the commission to hold hearings on its own initiative; granted the commission ministerial authority to grant applications without a hearing; in the title of the section, added "ministerial grants of authority"; in Subsection A, in the first sentence, after "application", deleted "if" and added "for any matter for which"; and in the second sentence, after "verified", deleted "under oath"; in Subsection B, in the first sentence, after "commission shall", deleted "streamline and"; and in the second sentence, after "public hearing" added "on its own initiative or", after "specific to", deleted "a protest or request" and added "an objection", after "objection that has been", deleted "timely", and after "filed", added "within the notice period"; in Subsection C, after "application whenever", deleted "an interested person protests" and added "a protest is filed concerning"; and in Subsection D, in the first sentence, after "in whole or in part", added the remainder of the sentence and added the second sentence.
Laws 2013, ch. 73, § 4 and Laws 2013, ch. 77, § 4, both effective July 1, 2013, enacted identical amendments to this section. The section was set out as amended by Laws 2013, ch. 77, § 4.
See
12-1-8 NMSA 1978.
A public hearing is required upon the filing of a protest.
— Where a cab company filed an application for a certificate of authority to provide taxi services in an area in which appellants were doing business; appellants filed a protest and motion to intervene; a public regulation commission regulation required that before intervention could be allowed, appellants were required to provide the commission with facts and details that supported their protest; a hearing officer appointed by the commission denied appellants' motion to intervene without a hearing and allowed commission staff to process the application as an uncontested matter; and the commission granted the applicant a certificate of authority without ever holding a public hearing, the commission's regulation imposed a greater burden on interested parties who seek to protest at a public hearing than the burden established by the Motor Carrier Act and the commission acted outside its grant of statutory authority by treating the matter as an uncontested matter because a public hearing must be held upon the filing of a protest, it does not turn on the grant of a party's status as an intervenor.
Albuquerque Cab Co. v. N.M. Pub. Regulation Comm'n
, 2014-NMSC-004.