2023 New Mexico Statutes › Chapter 65 - Motor Carriers › Article 2A - Motor Carrier Act › Section 65-2A-36 - Fees. (Effective July 1, 2024.)

A. The department shall establish in rule reasonable fees:
(1) for filing an application for a certificate or an application for an amendment of a certificate, or for any protest or permissive intervention in regard to such application;
(2) for filing an application for a warrant;
(3) for filing an application or motion for temporary authority;
(4) for filing an application for a change in a tariff for a tariffed service carrier;
(5) for filing an application for lease or transfer of a certificate, or for any protest or permissive intervention in regard to such application;
(6) for filing an application for reinstatement of a certificate following voluntary or involuntary suspension;
(7) for filing an application for voluntary suspension of a certificate;
(8) for filing an application for a single trip ticket;
(9) for filing a change in the legal name of any holder of an operating authority, or a change of business trade name or the addition or deletion of a business trade name of any holder or lessee of an operating authority;
(10) for filing an equipment lease;
(11) for a miscellaneous filing;
(12) for certifying copies of a record, order or operating authority, the charge per page provided by law for governmental agencies;
(13) for copies of written department documents or records, the charge per page provided by law for governmental agencies, in addition to any applicable certification charge; and
(14) for copies of other department records, including electronic media, an amount set by the department, in addition to any applicable certification charge.
B. The fees established by the department pursuant to Subsection A of this section shall not exceed the actual cost of processing the application or providing the administrative service.
C. The secretary of state shall charge and collect a fee of four dollars ($4.00) for each process from a court served upon the secretary of state as the designated agent for service of process by operation of law.
D. The "motor transportation fee fund" is created in the state treasury. The department shall collect all fees at the time an application is filed or service is provided, and shall remit them to the state treasurer, who shall deposit them in the fund. At the end of each month, the state treasurer shall transfer the unencumbered balance in the fund to the state road fund.
E. If a fee has been erroneously paid, the person having paid the fee may apply for a refund in writing to the department no later than sixty days after the erroneous payment. Upon approval of the application by the department, the amount erroneously paid shall be refunded from the motor transportation fee fund to the person who made the payment.
F. An application shall be fully completed within sixty days or the fee submitted with the application shall be forfeited to the state. If the applicant renews the application, the applicant shall pay the applicable fee.
History:
Laws 2003, ch. 359, § 36; 2013, ch. 73, § 30; 2013, ch. 77, § 30; 2023, ch. 100, § 62.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, removed references to the public regulation commission due to the transfer of certain powers and duties to the department of transportation, removed specified fees and directed the department of transportation to determine fee amounts by rule, and provided that the fees established by the department of transportation shall not exceed the actual cost of processing the application or providing the administrative service; changed each occurrence of "commission" to "department" throughout the section; in Subsection A, in the introductory clause, after "shall", deleted "charge and collect the following" and added "establish in rule reasonable", in Paragraph A(1), after "such application", deleted "two hundred fifty dollars ($250.00)", deleted former Paragraph A(2) and redesignated former Paragraphs A(3) through A(15) as Paragraphs A(2) through A(14), respectively, in Paragraph A(2), after "warrant", deleted "twenty-five dollars ($25.00)", in Paragraph A(3), after "authority", deleted "one hundred dollars ($100.00)", in Paragraph A(4), after "service carrier", deleted "two hundred dollars ($200.00)", in Paragraph A(5), after "application", deleted "two hundred dollars ($200.00)", in Paragraph A(6), after "suspension", deleted "one hundred dollars ($100.00)", in Paragraph A(7), after "certificate", deleted "fifteen dollars ($15.00)", in Paragraph A(8), after "ticket", deleted "five dollars ($5.00) per vehicle trip", in Paragraph A(9), after "authority", deleted "ten dollars ($10.00)", in Paragraph A(10), after "lease", deleted "five dollars ($5.00) per vehicle leased", and in Paragraph A(11), after "filing", deleted "five dollars ($5.00) per document"; and added a new Subsection B and redesignated former Subsections B through E as Subsections C through F, respectively.