reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 8 - Duties and Restrictions Imposed Upon Public Utilities › Section 62-8-10 - Utility service; seriously ill individuals.

Utility service shall not be discontinued to any residence where a seriously or chronically ill person is residing if the person responsible for the utility service charges does not have the financial resources to pay the charges and if a licensed physician, physician assistant, osteopathic physician, osteopathic physician's assistant or certified nurse practitioner certifies that discontinuance of service might endanger that person's health or life and the certificate is delivered to a manager or officer of the provider of the utility service at least two days prior to the due date of a billing for service. The commission shall provide by rule the procedure necessary to carry out this section.
History:
1978 Comp., § 62-8-10, enacted by Laws 2000, ch. 88, § 2.
ANNOTATIONS
Repeals and reenactments.
— Laws 2000, ch. 88, § 2 repealed former 62-8-10 NMSA 1978, as amended by Laws 1993, ch. 282, § 34, relating to the discontinuance of utility service to seriously ill persons, and enacted a new section, effective March 7, 2000.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Liability of electric utility to nonpatron for interruption or failure of power, 54 A.L.R.4th 667.
Debtor's protection under 11 USCS § 366 against utility service cutoff, 83 A.L.R. Fed. 207.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 8 - Duties and Restrictions Imposed Upon Public Utilities › Section 62-8-11 - Consumer information; disclosure prohibited.

A. A public utility, as defined pursuant to Section 62-3-3 NMSA 1978, or its employees or agents shall not sell or disclose consumers' nonpublic personal information without the customer's permission or unless it is in accordance with standardized credit reporting practices, pursuant to the provisions of Chapter 56, Article 3 NMSA 1978 or the federal Fair Credit Reporting Act or other reporting requirements imposed on the public utility.
B. Exempted from the provisions of this section are:
(1) the public regulation commission pursuant to the Public Utility Act [Chapter 62, Articles 1 to 6 and 8 to 13 NMSA 1978] and the Public Regulation Commission Act [Chapter 8, Article 8 NMSA 1978] and rules adopted pursuant to those acts; or
(2) an action by a government agency or an officer, employee or agent of an agency acting on behalf of the agency to obtain telephone records in connection with the performance of the official duties of the agency.
History:
Laws 2007, ch. 90, § 1.
ANNOTATIONS
Cross references.
— For the federal Fair Credit Reporting Act,
see
15 U.S.C. § 1681 et seq.
Effective dates.
— Laws 2007, ch. 90, § 2 made Laws 2007, ch. 90, § 1 effective July 1, 2007.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 9 - The Utility Franchise › Section 62-9-3.1 - Limited regulation of certain jointly owned generation facilities.

No municipality or H class county shall hereafter begin construction or operation of any jointly owned generating facility within this state without first obtaining from the commission a certificate that public convenience and necessity require or will require such construction or operation; provided, however, that the commission's regulation shall be limited to such determination unless the municipality or H class county has elected to come under the general supervision of the commission as provided by law.
History:
Laws 1979, ch. 260, § 18.
ANNOTATIONS
Compiler's notes.
— Laws 1979, ch. 260, § 19, provided that the act shall be liberally construed to carry out its purposes.
Sections 62-9-1 to 62-9-7 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
Severability.
— Laws 1979, ch. 260, § 20, provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 9 - The Utility Franchise › Section 62-9-4 - Authority exercised.

A certificate of convenience and necessity shall remain in full force and effect for the period designated by the commission unless such authority is modified or becomes void because the authority has not been exercised within such period.
History:
1978 Comp., § 62-9-4, enacted by Laws 1980, ch. 20, § 19.
ANNOTATIONS
Repeals and reenactments.
— Laws 1980, ch. 20, § 19, repealed former 62-9-4 NMSA 1978, relating to the time in which a certificate of convenience may be acted on, and enacted a new section.
Compiler's notes.
— Sections 62-9-1 to 62-9-7 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
Law reviews.
— For article, "Cost of Service Indexing: An Analysis of New Mexico's Experiment in Public Utility Regulation," see 9 N.M.L. Rev. 287 (1979).
For article, "Survey of New Mexico Law, 1979-80: Property," see 11 N.M.L. Rev. 203 (1981).
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 9 - The Utility Franchise › Section 62-9-7 - Legislative declaration; voluntary service agreements.

A. The legislature declares that the existing scheme of public utility regulation is adequate to exempt voluntary service agreements, as approved and regulated pursuant to the Public Utility Act [Chapter 62, Articles 1 to 6 and 8 to 13 NMSA 1978], from the antitrust laws.
B. In exercising its authority pursuant to Chapter 62, Article 9 NMSA 1978, the commission may, after public hearing upon at least twenty days notice, approve voluntary service agreements between utilities providing similar service proposing the delineation between themselves of one or more service areas in which each shall be entitled to furnish service, if the commission first determines that the proposed delineation of service areas is consistent with the public convenience and necessity and otherwise conforms to the Public Utility Act.
C. Voluntary service agreements that the commission, after public notice and hearing, has previously approved are deemed to comply with Subsection A of this section and to have the same effect as if approved pursuant to Subsection B of this section.
D. Approval of a voluntary service agreement shall not affect the duties and restrictions imposed upon a public utility pursuant to Chapter 62, Article 8 NMSA 1978.
History:
Laws 1991, ch. 121, § 1.
ANNOTATIONS
Compiler's notes.
— Sections 62-9-1 to 62-9-7 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 10 - Hearings Before the Commission › Section 62-10-2 - Other hearings by commission.

The commission may in addition to the hearings specifically provided by this act, conduct such other hearings as may be required in the administration of the powers and duties conferred upon it by this act, after notice as hereafter provided shall be given to the persons interested therein.
History:
Laws 1941, ch. 84, § 51; 1941 Comp., § 72-802; 1953 Comp., § 68-8-2.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this act",
see
62-13-1 NMSA 1978 and notes thereto.
Sections 62-10-1 to 62-10-6, 62-10-8 to 62-10-14 and 62-10-16 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 10 - Hearings Before the Commission › Section 62-10-3 - Complaint to be filed and become commission record.

Whenever any complaint shall be made as herein provided, the same shall be filed and shall become a part of the permanent records of said commission; and whenever the commission without complaint shall determine that a hearing or investigation is necessary or appropriate, it shall make written specifications of the matters to be considered upon such hearing or investigation, and the same shall be filed and become a part of the permanent records of said commission.
History:
Laws 1941, ch. 84, § 52; 1941 Comp., § 72-803; 1953 Comp., § 68-8-3.
ANNOTATIONS
Compiler's notes.
— Sections 62-10-1 to 62-10-6, 62-10-8 to 62-10-14 and 62-10-16 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 64 Am. Jur. 2d Public Utilities § 267.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 10 - Hearings Before the Commission › Section 62-10-4 - Complaint and specifications, served on utility.

Whenever the commission shall determine to hold a hearing or conduct an investigation upon a complaint made and filed as in this article provided, it shall fix a time and place for public hearings thereupon; and whenever the commission shall determine to conduct a hearing or investigation upon specifications filed by it, it shall fix a time for public hearings of the matter [matters] under investigation; and a copy of the complaint or a copy of the specifications filed by the commission as basis for said hearings shall be served upon the person or utility interested. All hearings shall be held at the offices of the commission in Santa Fe, or at such place in the state as the commission may designate.
History:
Laws 1941, ch. 84, § 53; 1941 Comp., § 72-804; 1953 Comp., § 68-8-4.
ANNOTATIONS
Bracketed material.
— The bracketed material in this section was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this article" refer to Laws 1941, ch. 84, §§ 50 to 65, compiled as 62-10-1 to 62-10-16 NMSA 1978.
Sections 62-10-1 to 62-10-6, 62-10-8 to 62-10-14 and 62-10-16 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 10 - Hearings Before the Commission › Section 62-10-5 - Hearings to be public and notice of hearing to be given.

All hearings, and investigations, held or made by the commission, shall be public; and before proceeding to hold any such hearing or make any such investigation, the commission shall give the utility and the complainant at least twenty days' notice of the time and place when and where such matters will be considered and determined, and all parties shall be entitled to be heard, through themselves or their counsel, and shall have process to enforce the attendance of witnesses. At the hearing held pursuant to such notice, the commission may take such testimony as may be offered or as it may desire.
History:
Laws 1941, ch. 84, § 54; 1941 Comp., § 72-805; 1953 Comp., § 68-8-5.
ANNOTATIONS
Compiler's notes.
— Sections 62-10-1 to 62-10-6, 62-10-8 to 62-10-14 and 62-10-16 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
Notice requirement only applies to complaint proceedings.
— The notice requirement under this section has application only when a proceeding is initiated by a complaint; otherwise, the only notice necessary is such as is required by the commission. 1948 Op. Att'y Gen. No. 48-5138.
Law reviews.
— For note, "On Building Better Laws for New Mexico's Environment," see 4 N.M.L. Rev. 105 (1973).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 73B C.J.S. Public Utilities § 80.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 10 - Hearings Before the Commission › Section 62-10-6 - Separate hearings of several complaints.

When complaint is made of more than one matter or thing, the commission may, when convenience so requires, order separate hearings thereon, and may thereupon hear and determine the several matters complained of separately and at such times as it may prescribe. In any hearing, proceeding or investigation conducted by the commission, any party may be heard in person or by attorney.
History:
Laws 1941, ch. 84, § 55; 1941 Comp., § 72-806; 1953 Comp., § 68-8-6.
ANNOTATIONS
Compiler's notes.
— Sections 62-10-1 to 62-10-6, 62-10-8 to 62-10-14 and 62-10-16 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 10 - Hearings Before the Commission › Section 62-10-7 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998, ch. 108, § 81 repealed 62-10-7 NMSA 1978, as amended by Laws 1985, ch. 116, § 1, relating to hearings, effective January 1, 1999. For provisions of former section,
see
the 1997 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 10 - Hearings Before the Commission › Section 62-10-8 - Process.

The commission, and each commissioner, may issue subpoenas, subpoenas duces tecum and all necessary process in proceedings pending before it, and such processes shall extend to all parts of the state and may be served by any person authorized to serve process out of the district courts of New Mexico.
History:
Laws 1941, ch. 84, § 57; 1941 Comp., § 72-808; 1953 Comp., § 68-8-8.
ANNOTATIONS
Compiler's notes.
— Sections 62-10-1 to 62-10-6, 62-10-8 to 62-10-14 and 62-10-16 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
Law reviews.
— For note, "On Building Better Laws for New Mexico's Environment," see 4 N.M.L. Rev. 105 (1973).
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 10 - Hearings Before the Commission › Section 62-10-9 - Witnesses.

The commission and each of the commissioners, for the purposes mentioned in this act, may administer oaths, examine witnesses at any hearing and certify official acts. In case of failure on the part of any person or persons to comply with any lawful order of the commission, or with any subpoena or subpoena duces tecum, or in the case of the refusal of any witness to testify concerning any matter on which he may be interrogated lawfully, any court of record of general jurisdiction or a judge thereof, may on application of the commission or of a commissioner compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such a court or a refusal to testify therein.
History:
Laws 1941, ch. 84, § 58; 1941 Comp., § 72-809; 1953 Comp., § 68-8-9.
ANNOTATIONS
Cross references.
— For contempt proceedings,
see
34-1-1 to 34-1-4 NMSA 1978.
Compiler's notes.
— For the meaning of "this act",
see
62-13-1 NMSA 1978 and notes thereto.
Sections 62-10-1 to 62-10-6, 62-10-8 to 62-10-14 and 62-10-16 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
Law reviews.
— For note, "On Building Better Laws for New Mexico's Environment," see 4 N.M.L. Rev. 105 (1973).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 64 Am. Jur. 2d Public Utilities § 232.
73B C.J.S. Public Utilities §§ 80, 87.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 10 - Hearings Before the Commission › Section 62-10-10 - Depositions.

The commission or any commissioner or any party to the proceedings may, in any investigation or hearing before the commission, cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for taking depositions in civil actions, and any party as provided by law in civil actions may be required to answer written interrogatories propounded by the commission or any commissioner or any other party to the proceedings.
History:
Laws 1941, ch. 84, § 59; 1941 Comp., § 72-810; 1953 Comp., § 68-8-10; Laws 1965, ch. 289, § 12.
ANNOTATIONS
Compiler's notes.
— Sections 62-10-1 to 62-10-6, 62-10-8 to 62-10-14 and 62-10-16 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
Cross references.
— For taking depositions,
see
Rules 1-026 and 1-032 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 73B C.J.S. Public Utilities § 80.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 10 - Hearings Before the Commission › Section 62-10-11 - Certified copies; evidence.

Copies of official documents and orders filed or deposited according to law in the office of the commission, certified by a commissioner or by the secretary under the official seal of the commission to be true copies of the original shall be evidence in like manner as the originals, in all matters before the commission and in the courts of this state.
History:
Laws 1941, ch. 84, § 60; 1941 Comp., § 72-811; 1953 Comp., § 68-8-11.
ANNOTATIONS
Compiler's notes.
— Sections 62-10-1 to 62-10-6, 62-10-8 to 62-10-14 and 62-10-16 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 64 Am. Jur. 2d Public Utilities § 269.
73B C.J.S. Public Utilities §§ 82 to 85.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 10 - Hearings Before the Commission › Section 62-10-12 - Recording orders.

Every order, finding, authorization or certificate issued or approved by the commission under any provisions of this act shall be in writing and entered on the records of the commission. A certificate under the seal of the commission that any such order, finding, authorization or certificate has not been stayed, suspended or revoked shall be received as evidence in any proceedings as to the facts therein stated.
History:
Laws 1941, ch. 84, § 61; 1941 Comp., § 72-812; 1953 Comp., § 68-8-12.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this act",
see
62-5-9 NMSA 1978 and notes thereto.
Sections 62-10-1 to 62-10-6, 62-10-8 to 62-10-14 and 62-10-16 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
Law reviews.
— For note, "The Public Service Commission: A Legal Analysis of an Administrative System," see 3 N.M.L. Rev. 184 (1973).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 64 Am. Jur. 2d Public Utilities § 274.
73B C.J.S. Public Utilities §§ 89 to 92.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 10 - Hearings Before the Commission › Section 62-10-13 - Fees.

Witnesses who are summoned before the commission shall be paid the same fees and mileage as are paid to witnesses in the courts of record of general jurisdiction. Witnesses whose depositions are taken pursuant to the provisions of this act, and the officer taking the same, shall be entitled to the same fees as are paid for like services in such courts.
History:
Laws 1941, ch. 84, § 62; 1941 Comp., § 72-813; 1953 Comp., § 68-8-13.
ANNOTATIONS
Compiler's notes.
— Sections 62-10-1 to 62-10-6, 62-10-8 to 62-10-14 and 62-10-16 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
Cross references.
— For fees and mileage as paid to witnesses in district courts,
see
38-6-4 NMSA 1978.
For fees for taking depositions,
see
14-12-19B, 39-2-8 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Constitutionality and construction of statute imposing upon public service corporation expense of investigation of its affairs, 101 A.L.R. 197.
73B C.J.S. Public Utilities § 80.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 10 - Hearings Before the Commission › Section 62-10-15 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998, ch. 108, § 81 repealed 62-10-15 NMSA 1978, as enacted by Laws 1941, ch. 84, § 64, relating to record of proceedings, effective January 1, 1999. For provisions of former section,
see
the 1997 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 10 - Hearings Before the Commission › Section 62-10-16 - Rehearing.

After an order or decision has been made by the commission, any party to the proceedings, may within thirty days after the entry of the order or decision apply for a rehearing in respect of any matters determined in said proceedings and specified in the application for rehearing, and the commission may grant and hold such rehearing on said matters. The commission shall either grant or refuse an application for rehearing within twenty days after the application therefor is filed in the office of the commission; and a failure by the commission to act upon such application within that period shall be deemed a refusal thereof. If the application be granted, the commission's order shall be deemed vacated, and the commission shall enter a new order after the rehearing shall have been concluded.
History:
Laws 1941, ch. 84, § 65; 1941 Comp., § 72-816; 1953 Comp., § 68-8-16.
ANNOTATIONS
Compiler's notes.
— Sections 62-10-1 to 62-10-6, 62-10-8 to 62-10-14 and 62-10-16 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
Motion for rehearing not acted upon is deemed refused.
— A timely motion for rehearing, filed in accordance with this section but not acted upon by the commission within 20 days, is deemed refused.
N.M. Elec. Serv. Co. v. Lea Cnty. Elec. Coop.
, 1966-NMSC-046, 76 N.M. 434, 415 P.2d 556, cert. denied, 385 U.S. 969, 87 S. Ct. 506, 17 L. Ed. 2d 433.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Right of public service corporation to judicial relief from contract rates which have become inadequate, 10 A.L.R. 1335.
73B C.J.S. Public Utilities § 96.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 11 - Review of Commission Orders › Section 62-11-2 - Notice to the commission.

Upon the filing of a notice of appeal, the appellant shall cause a copy thereof to be served upon the commission and parties of record in the proceeding before the commission in the manner prescribed by the Rules of Appellate Procedure for Civil Cases. Within thirty days after service of the notice of appeal or such further time as the supreme court for good cause may specify, the commission shall certify to the supreme court the record of the testimony taken before the commission and all exhibits offered or received in evidence at the hearing before the commission, and all pleadings, findings, conclusions, orders and opinions, or certified copies thereof, made and entered in, or in connection with, the hearing before the commission; provided, however, that the parties and the commission may stipulate that a specified portion only of the testimony taken at the hearing before the commission shall be certified to the supreme court for review on appeal.
History:
Laws 1941, ch. 84, § 67; 1941 Comp., § 72-902; 1953 Comp., § 68-9-2; Laws 1965, ch. 289, § 15; 1982, ch. 109, § 12.
ANNOTATIONS
Compiler's notes.
— Sections 62-11-1 to 62-11-6 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
Cross references.
— For service of process,
see
Rule 1-004 NMRA.
For Rules of Appellate Procedure,
see
Rule 12-101 NMRA et seq.
Law reviews.
— For annual survey of New Mexico law relating to administrative law, see 12 N.M.L. Rev. 1 (1982).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 73B C.J.S. Public Utilities §§ 101 to 117.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 11 - Review of Commission Orders › Section 62-11-3 - Appeal on the record.

The appeal shall be heard on the record made before the commission, and the supreme court shall not permit the introduction of new evidence addressed to any of the issues presented at the hearing before the commission.
History:
Laws 1941, ch. 84, § 68; 1941 Comp., § 72-903; 1953 Comp., § 68-9-3; Laws 1965, ch. 289, § 16; 1982, ch. 109, § 13.
ANNOTATIONS
Compiler's notes.
— Sections 62-11-1 to 62-11-6 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
Administrative decisions.
— In review of administrative orders, additional evidence cannot be introduced.
Llano, Inc. v. Southern Union Gas Co.
, 1964-NMSC-257, 75 N.M. 7, 399 P.2d 646.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 73B C.J.S. Public Utilities §§ 126 to 138.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 11 - Review of Commission Orders › Section 62-11-7 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1982, ch. 109, § 16, repealed 62-11-7 NMSA 1978, relating to appeals to the supreme court. For present provisions,
see
62-11-1 to 62-11-6 NMSA 1978.
Laws 1982, ch. 109, contained no effective date provision, but was enacted at the session which adjourned on February 18, 1982.
See
N.M. Const., art. IV, § 23.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 12 - Enforcement of Orders and Duties › Section 62-12-3 - Actions preferred.

All actions and proceedings under this act, and all actions or proceedings to which the commission or the state of New Mexico may be a party, and in which any question arises under this act, or under or concerning any order or decision of the commission, may be preferred over all other civil causes except election causes, irrespective of position on the calendar.
History:
Laws 1941, ch. 84, § 75; 1941 Comp., § 72-1003; 1953 Comp., § 68-10-3.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this act",
see
62-13-1 NMSA 1978 and notes thereto.
Sections 62-12-1 to 62-12-7 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 12 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
Cross references.
— For assignment of cases for trial,
see
Rule 1-040 NMRA.
Law reviews.
— For note, "The Public Service Commission: A Legal Analysis of an Administrative System," see 3 N.M.L. Rev. 184 (1973).
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 12 - Enforcement of Orders and Duties › Section 62-12-4 - Violation of orders.

Any person or corporation which violates any provision of the Public Utility Act [Chapter 62, Articles 1 to 6 and 8 to 13 NMSA 1978] or which fails, omits or neglects to obey, observe or comply with any lawful order, or any part or provision thereof, of the commission is subject to a penalty of not less than one hundred dollars ($100) nor more than one hundred thousand dollars ($100,000) for each offense.
History:
Laws 1941, ch. 84, § 76; 1941 Comp., § 72-1004; 1953 Comp., § 68-10-4; Laws 1983, ch. 250, § 5; 1993, ch. 220, § 2.
ANNOTATIONS
Compiler's notes.
— Sections 62-12-1 to 62-12-7 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 12 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
Cross references.
— For definition of "commission,"
see
62-3-3 NMSA 1978.
The 1993 amendment,
effective June 18, 1993, substituted "the Public Utility Act" for "this act" near the beginning and "one hundred thousand dollars ($100,000)" for "ten thousand dollars ($10,000)" near the end of the section.
The 1983 amendment
substituted "ten thousand dollars ($10,000)" for "one thousand dollars."
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Imprisonment for overcharge by public utility, 40 A.L.R. 82.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 12 - Enforcement of Orders and Duties › Section 62-12-5 - Separate offenses.

Every violation of the provisions of this act or of any lawful order of the commission, or any part or portion thereof by any corporation or person is a separate and distinct offense, and in case of a continuing violation after a first conviction each day's continuance thereof shall be deemed to be a separate and distinct offense.
History:
Laws 1941, ch. 84, § 77; 1941 Comp., § 72-1005; 1953 Comp., § 68-10-5.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this act",
see
62-13-1 NMSA 1978 and notes thereto.
Sections 62-12-1 to 62-12-7 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 12 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 12 - Enforcement of Orders and Duties › Section 62-12-6 - Penalties cumulative.

All penalties accruing under this act shall be cumulative, and a suit for the recovery of one penalty shall not be a bar to or affect the recovery of any other penalty or forfeiture or be a bar to any criminal prosecution against any public utility or any officer, director, agent or employee thereof or any other corporation or person.
History:
Laws 1941, ch. 84, § 78; 1941 Comp., § 72-1006; 1953 Comp., § 68-10-6.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this act",
see
62-13-1 NMSA 1978 and notes thereto.
Sections 62-12-1 to 62-12-7 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 12 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
Law reviews.
— For note, "The Public Service Commission: A Legal Analysis of an Administrative System," see 3 N.M.L. Rev. 184 (1973).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 73B C.J.S. Public Utilities § 59.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 12 - Enforcement of Orders and Duties › Section 62-12-7 - Action to recover penalties.

Actions to recover penalties under this act shall be brought in the name of the state of New Mexico in the district court of Santa Fe county.
History:
Laws 1941, ch. 84, § 79; 1941 Comp., § 72-1007; 1953 Comp., § 68-10-7.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this act",
see
62-13-1 NMSA 1978 and notes thereto.
Sections 62-12-1 to 62-12-7 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 12 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
Law reviews.
— For article, "Cost of Service Indexing: An Analysis of New Mexico's Experiment in Public Utility Regulation," see 9 N.M.L. Rev. 287 (1979).
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 13 - Public Utility Act Miscellaneous Provisions › Section 62-13-1 - Short title.

Articles 1 through 6 and 8 through 13 of Chapter 62 NMSA 1978 may be cited as the "Public Utility Act".
History:
Laws 1941, ch. 84, § 80; 1941 Comp., § 72-1101; 1953 Comp., § 68-11-1; 1993, ch. 220, § 1; 1993, ch. 282, § 39; 1993, ch. 351, § 1.
ANNOTATIONS
Compiler's notes.
— Chapter 62, Article 3A, the Electric Utility industry Restructuring Act of 1999, enacted by Laws 1999, ch. 294, was not enacted as a part of the Public Utility Law. Presently the Public Utility Act consists of Chapter 62, Articles 1 to 3, 4 to 6, and 8 to 13 NMSA 1978.
Sections 62-13-1 to 62-13-14 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 13 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
1993 amendments.
— Identical amendments to this section were enacted by Laws 1993, ch. 220, § 1, effective June 18, 1993, Laws 1993, ch. 282, § 39, effective June 18, 1993 and Laws 1993, ch. 351, § 1, effective July 1, 1993, which rewrote the section, which read: "This act shall be known, and cited and referred to, as the Public Utility Act". The section is set out as amended by Laws 1993, ch. 351, § 1. See 12-1-8 NMSA 1978.
Law reviews.
— For article, "Cost of Service Indexing: An Analysis of New Mexico's Experiment in Public Utility Regulation," see 9 N.M.L. Rev. 287 (1979).
For note, "Preemption - Atomic Energy," see 24 Nat. Res. J. 761 (1984).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 64 Am. Jur. 2d Public Utilities § 13.
73B C.J.S. Public Utilities § 63.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 13 - Public Utility Act Miscellaneous Provisions › Section 62-13-2 - Fees.

The commission shall collect the following fees, which shall be remitted to the state treasurer not later than the day following receipt:
A. for filing any rate schedule, service rule or regulation or sample form, or amendment thereto, one dollar ($1.00);
B. for filing each application, petition or complaint, twenty-five dollars ($25.00);
C. for copies of papers, testimony and records, the reasonable cost of such copies as the commission may provide from time to time by rule; and
D. for certifying any copy of any paper, testimony or record, two dollars ($2.00).
History:
1953 Comp., § 68-11-2.1, enacted by Laws 1957, ch. 25, § 2; 1965, ch. 289, § 19; 1993, ch. 282, § 40.
ANNOTATIONS
Compiler's notes.
— Sections 62-13-1 to 62-13-14 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 13 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective.
See
Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
The 1993 amendment,
effective June 18, 1993, in the introductory language, deleted "New Mexico public service" preceding "commission" and made stylistic changes; added the subsection designations; and added "; and" at the end of Subsection C.
Fee payable for each schedule, not each instrument.
— The fee provided for is payable for each rate schedule filed even though all schedules filed under rules of the commission may be included in one instrument. 1941 Op. Att'y Gen. No. 41-3939 (rendered under former statute).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Constitutionality and construction of statute imposing upon public service corporation expense of investigation of its affairs, 101 A.L.R. 197.
73B C.J.S. Public Utilities § 65.
2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 13 - Public Utility Act Miscellaneous Provisions › Section 62-13-2.1 - Refund of fees.

If the commission dismisses a complaint for lack of probable cause, the commission may refund a fee paid pursuant to Subsection B of Section 62-13-2 NMSA 1978 if the commission determines that the dismissed complaint was filed in good faith.
History:
Laws 2007, ch. 223, § 1.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 223 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.