reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 2 - ADMINISTRATIVE PROCEDURES › Part 2 - PUBLIC REGULATION COMMISSION RULES OF PROCEDURE › Section 1.2.2.17 - MEDIATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Designation of
				mediator:
If any of the parties or staff makes a request for mediation,
				or on its own motion, the commission may, in its discretion, designate a
				mediator consistent with Subsection B of 1.2.2.17 NMAC.
B.
Requirements:
(1) The mediator may be a permanent or
				temporary employee of the commission or another state agency or any other
				individual who is qualified in the matter to be mediated and is acceptable to
				the parties and staff. If the parties request a mediator who is not an employee
				of the commission, the commission shall not approve the request unless the
				parties agree in writing to bear as their own the costs of obtaining the
				mediator's services.
(2) The
				mediator shall not be the hearing examiner who is assigned to the
				case.
(3) The mediator shall have
				no official, financial, or personal conflict of interest with respect to the
				issues in controversy, unless such interest is fully disclosed in writing to
				all parties and staff at the time the mediator is assigned by the commission
				and unless all parties agree that the mediator may serve.
(4) The mediator shall not subsequent to
				serving as a mediator participate in the proceeding as a hearing examiner,
				advisory staff, staff counsel or expert witness, or as an attorney, expert
				witness, or representative of any party to the proceeding.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 2 - ADMINISTRATIVE PROCEDURES › Part 2 - PUBLIC REGULATION COMMISSION RULES OF PROCEDURE › Section 1.2.2.18 - ARBITRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A complainant may
				request arbitration of any dispute. The complainant's request shall be in
				writing to the commission and shall include a concise statement of the grounds
				for the complaint, the remedy sought, and an acknowledgment that the
				complainant has read 1.2.2.19 NMAC and agrees to be bound by its
				terms.
B. A utility or
				telecommunications provider shall not discontinue service to a customer or
				issue a notice of discontinuance relating to the matter in dispute once the
				matter is in arbitration, except as otherwise authorized by law or commission
				rule. Charges which are not in dispute must continue to be paid on time and in
				full by the complainant or be subject to other applicable commission rules
				regarding disconnection or discontinuance of service.
C. The commission or its authorized
				representative shall forward the request for arbitration to the respondent
				together with a copy of Subsection A of 1.2.2.13 NMAC and 1.2.2.15 NMAC and
				require that the respondent submit a written response within ten (10) days of
				the date of the commission's letter forwarding the request.
D. If the respondent agrees to arbitration of
				the dispute, the respondent shall include in the response to the complainant's
				request a concise statement of respondent's position with regard to the merits
				of the complaint and an acknowledgment that the respondent has read 1.2.2.19
				NMAC and agrees to be bound by its terms. If the respondent will not agree to
				arbitration, the respondent shall so state in the response.
E. If the respondent either fails to respond
				to a request for arbitration or does not agree to arbitration, the complainant
				retains the right to proceed with a formal complaint.
F.
Requirements:
If both the
				complainant and the respondent agree to arbitration, the commission shall
				designate an arbitrator.
(1) The arbitrator
				may be a permanent or temporary employee of the commission or another state
				agency or any other individual who is qualified in the subject matter to be
				arbitrated and is acceptable to the parties to the complaint.
(2) The designated arbitrator shall have no
				official, financial or personal conflict of interest with respect to the issues
				in controversy, unless such interest is fully disclosed in writing to all
				parties at the time of the commission's designation and all parties agree that
				the arbitrator may serve.
(3) The
				parties shall be required to indicate their consent in writing to the
				designated arbitrator within ten (10) days of the date of the commission's
				letter of designation.
(4) If the
				parties request an arbitrator who is not an employee of the commission, the
				commission shall not approve the request unless the parties agree in writing to
				bear the costs as their own pursuant to Section
				8-8-4.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 2 - ADMINISTRATIVE PROCEDURES › Part 2 - PUBLIC REGULATION COMMISSION RULES OF PROCEDURE › Section 1.2.2.19 - ARBITRATION PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Timeline for resolution:
(1)
				Once designated and approved by the parties, the arbitrator shall proceed to
				render a decision in the arbitration proceeding within a reasonable period of
				time, not to exceed ninety (90) days, unless otherwise ordered by the
				commission or presiding officer.
(2) If the arbitrator at any time determines
				that it is unlikely that the dispute can be resolved without substantially
				affecting the interests of other ratepayers or the public, the arbitrator may
				so inform the parties and staff and terminate the proceeding without prejudice
				to the complainant's right to file a formal complaint.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 2 - ADMINISTRATIVE PROCEDURES › Part 2 - PUBLIC REGULATION COMMISSION RULES OF PROCEDURE › Section 1.2.2.20 - FORMAL STIPULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The commission recognizes that the parties to a proceeding
				  and staff may reach compromises and settle some or all issues. Settlement
				  stipulations shall be binding only if approved by the commission.
A.
Uncontested stipulations:
(1) If the staff and all parties enter into a
				stipulation settling some or all of the issues in a proceeding, the stipulation
				shall be filed and a copy presented to the presiding officer. If the proceeding
				is before the commission
en banc
, the commission may in its
				discretion assign a hearing examiner to preside over any public hearing to be
				conducted on the stipulation.
(2)
				When filed and presented, the stipulation must be accompanied in rate cases by
				a reconciliation statement showing the dollar impact of the settlement and the
				resulting rates. This statement shall contain the information listed in
				Subsection F of 1.2.2.36 NMAC.
(3)
				Upon receipt of a stipulation which would settle substantive issues, the
				commission or presiding officer shall conduct a public hearing to determine
				whether the stipulation should be approved by the commission, provided that in
				extraordinary cases, for good cause shown, the commission or presiding officer
				may forego a public hearing. The proponents of the stipulation have the burden
				of supporting the stipulation with sufficient evidence and legal argument to
				allow the commission to approve it.
(4) In the event the parties and staff enter
				into a settlement of one or more issues but not of the entire case, the
				commission or presiding officer may in their discretion combine the public
				hearing on the settlement stipulation with the public hearing on the contested
				issues.
(5) In cases heard by a
				hearing examiner rather than the commission, the hearing examiner may:
(a) decide that the settlement stipulation
				should not be certified to the commission at all, in which event the hearing
				examiner may indicate to the parties and staff whether additional evidence or
				legal argument in support of the stipulation or amendments to the stipulation
				might meet the hearing examiner's reservations about the stipulation;
				or
(b) certify the settlement
				stipulation to the commission for its review; the certification shall include a
				recommended disposition of the stipulation, whether the recommendation be
				positive or negative or otherwise suggest a manner of disposition; exceptions
				to the certification may be filed within ten (10) days after the date the
				settlement stipulation is certified to the commission, unless the commission or
				presiding officer directs otherwise.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 2 - ADMINISTRATIVE PROCEDURES › Part 2 - PUBLIC REGULATION COMMISSION RULES OF PROCEDURE › Section 1.2.2.21 - PETITIONS FOR DECLARATORY ORDERS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Petition:
Any person may
				petition the commission for a declaratory order to terminate a controversy or
				to remove an uncertainty with respect to the applicability to the petitioner of
				any statute or rule administered by the commission or any commission order.
				Petitions for declaratory orders shall comply with the requirements for
				pleadings set forth in this rule and shall further set forth:
(1) the statute, rule, or order of which an
				interpretation is requested;
(2)
				the nature of the controversy or uncertainty which is the subject of the
				petition;
(3) the manner in which
				the controversy or uncertainty affects the petitioner;
(4) a complete statement of the facts and
				grounds prompting the petition; and
(5) the names and addresses of any other
				persons directly involved in the controversy or directly affected by the
				uncertainty.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 2 - ADMINISTRATIVE PROCEDURES › Part 2 - PUBLIC REGULATION COMMISSION RULES OF PROCEDURE › Section 1.2.2.22 - INVESTIGATIONS BY COMMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Investigations by the commission:
The commission may at any time
				investigate any matter within its jurisdiction.
B.
Proceedings filed by the commission
				of its own motion:
Formal proceedings may be initiated by the commission
				to consider any matter within its jurisdiction against any person either by
				notice, order to show cause, order to cease and desist, or other process. In
				such cases the notice, order to show cause, or other appropriate process shall
				contain:
(1) specifications of all the
				matters to be considered and such specifications shall fairly indicate what the
				respondent is to meet;
(2) a demand
				for such information and disclosures as the commission may deem necessary to
				the question under investigation;
(3) notice of the time within which such
				information and disclosures must be filed;
(4) the time and place set for public
				hearing; and
(5) if the commission
				deems necessary, the manner of notice to the public or to ratepayers.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 2 - ADMINISTRATIVE PROCEDURES › Part 2 - PUBLIC REGULATION COMMISSION RULES OF PROCEDURE › Section 1.2.2.23 - INTERVENORS AND COMMENTERS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Intervention:
Any person other than staff and the original
				parties to a proceeding who desires to become a party to the proceeding may
				move in writing for leave to intervene in the proceeding.
(1) The motion for leave to intervene shall
				indicate the nature of the movant's interest in the proceeding.
(2) The motion shall also comply with the
				provisions of this rule governing pleadings except that the motion shall
				indicate the facts relied upon as grounds for intervention.
(3) Motions for leave to intervene shall be
				served on all existing parties and other proposed intervenors of
				record.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 2 - ADMINISTRATIVE PROCEDURES › Part 2 - PUBLIC REGULATION COMMISSION RULES OF PROCEDURE › Section 1.2.2.24 - PROCEDURAL ORDERS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Contents:
In rate cases and in other proceedings as may be appropriate,
				the commission or presiding officer shall issue a procedural order or orders
				setting forth:
(1) any deadlines the
				commission or presiding officer may set for the completion of
				discovery;
(2) deadlines for the
				filing of staff and intervenor testimony;
(3) any requirements for the filing, service,
				or presentation of pleadings, discovery requests, discovery responses,
				testimony, exhibits, or other documents in electronic form; in all instances
				written or electronic submissions shall be filed in accordance with the
				requirements of this rule and other applicable commission rules, unless
				otherwise ordered by the commission or presiding officer;
(4) procedures for the prompt argument and
				disposition of procedural and discovery motions appropriate to the proceeding;
				these procedures may, notwithstanding the provisions of this rule governing
				motions, include a shortened time for written responses to motions, the use of
				oral argument in lieu of written responses, or other mechanisms to expedite the
				decision-making process;
(5) the
				date, time, and place of any pre-hearing conference;
(6) the date, time, and place of the public
				hearing on the merits; and
(7) any
				other relevant dates.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 2 - ADMINISTRATIVE PROCEDURES › Part 2 - PUBLIC REGULATION COMMISSION RULES OF PROCEDURE › Section 1.2.2.25 - DISCOVERY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Commission
				policy:
The commission favors prompt and complete disclosure and
				exchange of information and encourages informal arrangements among the parties
				and staff for this exchange. It is further the commission's policy to encourage
				the timely use of discovery as a means toward effective presentations at public
				hearing and avoidance of the use of cross-examination at public hearing for
				discovery purposes.
B.
Discovery procedures:
Techniques of pre-hearing discovery
				permitted in state civil actions, such as interrogatories, requests for
				admissions, depositions, and requests for production of documents may be
				employed by staff or by any party. Upon experiencing any difficulties in
				obtaining discovery, staff and the parties may seek relief from the commission
				or presiding officer by filing a proper motion. Nothing in this rule shall
				preclude the commission or the presiding officer from obtaining information by
				order or preclude staff from obtaining information in any lawful
				manner.
C.
Applicability of
				rules of civil procedure:
Discovery in commission proceedings shall be
				governed by the New Mexico rules of civil procedure for the district courts
				applicable to discovery, except where such rules are inconsistent with this
				rule. Any references to "the court" in those rules shall be deemed to mean "the
				commission or presiding officer" for purposes of commission
				proceedings.
D.
Depositions:
(1) The commission, the
				presiding officer, staff, and parties shall have the right to take the
				testimony of any witnesses by deposition and compel through the commission's
				subpoena powers the attendance of witnesses and the production of books,
				documents, papers, and accounts.
(2) Depositions may be taken and on-site
				inspections may be performed upon commencement of the proceeding and without
				prior approval of the commission or presiding officer.
(3) Notices or requests for depositions or
				on-site inspections shall be served on staff and on all parties unless the
				commission or presiding officer directs otherwise.
(4) All parties and staff may participate in
				any depositions, or in any on-site inspections requested by a party or staff
				under Subsection F of 1.2.2.25 NMAC, unless the commission or presiding officer
				directs otherwise.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 2 - ADMINISTRATIVE PROCEDURES › Part 2 - PUBLIC REGULATION COMMISSION RULES OF PROCEDURE › Section 1.2.2.26 - PRE-HEARING CONFERENCES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
(1) It is the policy
				of the commission to encourage the use of pre-hearing conferences as a means of
				making more effective use of hearing time and to otherwise aid in the
				disposition of the proceeding or the settlement thereof. Having the issues
				clearly delineated in advance of public hearing and the ground rules for the
				conduct of the public hearing well understood may be particularly beneficial in
				cases heard by the commission
en banc
and in such complex or
				multi-party proceedings as the rate cases of the major utilities, motor
				carriers, and telecommunications providers.
(2) The commission or presiding officer may,
				with reasonable written notice, require that all parties and staff attend one
				or more pre-hearing conferences for the purpose of formulating and simplifying
				the issues in the proceeding or addressing other matters that may expedite
				orderly conduct and disposition of the proceeding. Such matters may include but
				are not limited to:
(a) details of the
				procedural schedule;
(b) the
				necessity or desirability of amendments to the pleadings;
(c) the possibility of obtaining admissions
				of fact and documents which will avoid unnecessary proof;
(d) limitations on the number of witnesses or
				time allocated to particular witnesses or issues at public hearing;
(e) procedures at the public
				hearing;
(f) the distribution of
				written testimony and exhibits to staff and the parties prior to the public
				hearing;
(g) the consideration of
				any outstanding motions; or
(h) the
				status of any settlement negotiations and, if appropriate, identification of
				any interest in and resources to support professional assistance therewith or
				other alternative means of dispute resolution.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 2 - ADMINISTRATIVE PROCEDURES › Part 2 - PUBLIC REGULATION COMMISSION RULES OF PROCEDURE › Section 1.2.2.27 - INTERIM RELIEF

Current through Register Vol. 35, No. 13, July 16, 2024
Requests for interim relief may be included in a complaint,
				  petition, application, or other pleading filed by any party. The title of the
				  pleading must clearly indicate that such relief is requested.
A.
Contents:
Except as provided
				in Sections
				65-2A-11 and
				70-3-16
				NMSA 1978, in addition to the usual contents of a pleading, the pleading must
				allege such extraordinary facts of immediate and irreparable injury as would
				justify the commission's exercise of discretion by granting interim relief
				prior to a final decision.
B.
Affidavits or testimony and exhibits:
Any pleading requesting
				interim relief shall be accompanied by affidavit or testimony in support of the
				request. Any relevant exhibits in the possession of the party making the
				request should be appended to the affidavit or affidavits or
				testimony.
C.
Notice:
Copies of the pleading in which interim relief is requested and the testimony,
				affidavits, and exhibits filed in support thereof shall be served upon staff
				and upon all parties.
D.
Public Hearing:
Except as provided in Section
				70-3-16
				NMSA 1978, requests for interim relief other than interim rate relief may be
				acted upon with or without public hearing.
E.
Bond:
Interim relief may be
				granted subject to refund and conditioned upon a bond or other adequate
				protection.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 2 - ADMINISTRATIVE PROCEDURES › Part 2 - PUBLIC REGULATION COMMISSION RULES OF PROCEDURE › Section 1.2.2.28 - SUBPOENAS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Subpoena for
				witnesses and documents:
(1) Any party
				or staff requiring the attendance of a witness from any place in the state to
				any designated place for the purpose of taking testimony of such witness at a
				deposition or public hearing in a proceeding before the commission shall make
				written application to the commission or presiding officer requesting that a
				subpoena be issued to compel attendance of such witness.
(2) Likewise a written application requesting
				the issuance of a subpoena
duces tecum
to compel production of
				specific books, papers, accounts, or other documents must also be made to the
				commission or presiding officer if production at deposition or public hearing
				is desired.
(3) Such written
				application must set forth reasons supporting the issuance of the subpoena for
				the production of specific books, papers, and other documents as the case may
				be.
(4) All applications for the
				issuance of subpoenas shall be accompanied by the proposed subpoena, a form for
				which is available from the commission upon request.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 2 - ADMINISTRATIVE PROCEDURES › Part 2 - PUBLIC REGULATION COMMISSION RULES OF PROCEDURE › Section 1.2.2.29 - PRESIDING OFFICER

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
The functions of a presiding officer, as the term is used in
				this rule, may be performed by a hearing examiner, who may be a commissioner
				appointed by the commission to hear the case to the same extent as would a
				commission employee appointed as "hearing examiner," unless otherwise provided
				by statute or commission rule or order. Nothing contained in this rule shall be
				deemed a waiver of the commission's power of superintending control over the
				activities or decisions of the hearing examiner.
B.
Designation of hearing
				examiner:
(1) In all proceedings, the
				commission may designate a hearing examiner, including a commissioner, to
				preside over the proceeding. The commission shall designate what cases and to
				what extent the hearing examiner shall preside over such cases, and such
				designation may be made by memorandum from the commission or as otherwise
				directed by the commission.
(2) If,
				after public hearing, the designated hearing examiner becomes unavailable to
				the commission, the commission will designate another qualified hearing
				examiner to report and recommend the decision or will otherwise proceed with
				the case as it may deem appropriate, giving notice to staff and the
				parties.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 2 - ADMINISTRATIVE PROCEDURES › Part 2 - PUBLIC REGULATION COMMISSION RULES OF PROCEDURE › Section 1.2.2.30 - PROCEDURAL AUTHORITY OF A SINGLE COMMISSIONER

Current through Register Vol. 35, No. 13, July 16, 2024
A. The chairman of the commission or any
				other commissioner shall preside at public hearings conducted by more than one
				commissioner.
B. The chairman of
				the commission or any other commissioner may issue any procedural orders prior
				to, during, or after a public hearing, including but not limited to orders or
				notices:
(1) designating a hearing examiner
				to preside in a proceeding;
(2)
				scheduling public hearings;
(3)
				clarifying the issues to be considered during a proceeding;
(4) in the absence of a quorum of
				commissioners and when prompt action is necessary to avoid the effectiveness of
				rate increases for customers of utilities or telecommunications providers by
				operation of law, suspending the operation of a rate increase request, provided
				that such procedural order is consistent with law and does not involve the
				final determination of the proceeding; and
(5) issuing orders temporarily suspending
				operating authorities pursuant to 18.3.2.30 NMAC.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 2 - ADMINISTRATIVE PROCEDURES › Part 2 - PUBLIC REGULATION COMMISSION RULES OF PROCEDURE › Section 1.2.2.31 - INTERLOCUTORY APPEALS FROM RULINGS OF THE PRESIDING OFFICER

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
(1) Rulings of the presiding officer during
				the course of a proceeding may only be appealed as provided in this
				rule.
(2) The commission does not
				favor interlocutory appeals from the rulings of a presiding officer and expects
				that appeals will be taken only in extraordinary circumstances. The movant in
				any such appeal bears the burden of establishing grounds for review and
				reversal of a ruling of the presiding officer made in the course of the
				proceeding.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 2 - ADMINISTRATIVE PROCEDURES › Part 2 - PUBLIC REGULATION COMMISSION RULES OF PROCEDURE › Section 1.2.2.32 - PUBLIC HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Rights of staff, parties, and commenters:
(1) At any public hearing all parties and
				staff shall be entitled to enter an appearance, introduce evidence, examine and
				cross-examine witnesses, make arguments, and generally participate in the
				conduct of the proceeding.
(2)
				Commenters shall be entitled to make an oral or written statement for the
				record but such statement shall not be considered by the commission as
				evidence. Commenters are not parties and shall not have the right to introduce
				evidence or examine or cross-examine witnesses, to receive copies of pleadings
				and documents, to appeal from any decisions or orders, or to otherwise
				participate in the proceeding other than by making their comments.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 2 - ADMINISTRATIVE PROCEDURES › Part 2 - PUBLIC REGULATION COMMISSION RULES OF PROCEDURE › Section 1.2.2.33 - ORDER OF PRESENTATION AND RECEIPT OF EVIDENCE

Current through Register Vol. 35, No. 13, July 16, 2024
Evidence will ordinarily be received in the order prescribed
				  in this section unless otherwise directed by the commission or presiding
				  officer. In hearing several proceedings upon a consolidated record, the
				  presiding officer shall designate the order of presentation.
A.
Investigation on motion of the
				commission:
(1) respondent;
(2) intervenors;
(3) staff; and
(4) rebuttal by respondent.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 2 - ADMINISTRATIVE PROCEDURES › Part 2 - PUBLIC REGULATION COMMISSION RULES OF PROCEDURE › Section 1.2.2.34 - TRANSCRIPTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Record of
				proceedings and testimony:
(1) A full
				and complete record of all proceedings before the commission or presiding
				officer in any formal public hearing and all testimony shall be made by either
				audio recording by a commission employee or shall be taken down and transcribed
				by a certified court reporter at the discretion of the presiding
				officer.
(2) If the commission or
				presiding officer intends to have a transcript made by audio recording they
				will state this in the notice or order of hearing or proceeding.
(3) Upon receiving notice that the commission
				or presiding officer intends to have a transcript made by audio recording, any
				party can file a request to have the hearing or proceeding transcribed by a
				certified court reporter and the commission will arrange a court reporter. A
				party requesting a court reporter for a hearing or proceeding that would
				otherwise be made by audio recording shall be responsible for the full cost of
				the court reporter's fees. A request by any party to have a hearing or
				proceeding transcribed by a certified court reporter shall be filed as soon as
				practicable before the hearing or proceeding. If a request by any party to have
				a hearing or proceeding transcribed by a certified court reporter is not made
				at least seven days prior to the hearing the commission may be unable to
				accommodate the request.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 2 - ADMINISTRATIVE PROCEDURES › Part 2 - PUBLIC REGULATION COMMISSION RULES OF PROCEDURE › Section 1.2.2.35 - RULES OF EVIDENCE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
(1) Subject to the other
				provisions of this rule, all relevant evidence is admissible which, in the
				opinion of the presiding officer, is the best evidence most reasonably
				obtainable, having due regard to its necessity, competence, availability, and
				trustworthiness.
(2) In passing
				upon the admissibility of evidence the presiding officer shall give
				consideration to, but shall not be bound by, the New Mexico rules of evidence
				which govern proceedings in the courts of this state. The presiding officer
				shall also give consideration to the legal requirement that any final decision
				on the merits be supported by competent evidence.
(3) Unless otherwise directed by the
				commission or the presiding officer, documents that require sworn verification
				by notarization under commission rules may be supported by unsworn affirmation
				in compliance with rule of civil procedure 1-011(B) NMRA.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 2 - ADMINISTRATIVE PROCEDURES › Part 2 - PUBLIC REGULATION COMMISSION RULES OF PROCEDURE › Section 1.2.2.36 - PROPOSED FINDINGS AND CONCLUSIONS AND BRIEFS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Proposed findings and
				conclusions:
(1)
Notice:
The presiding officer may require all parties of record and the staff to file
				proposed forms of order, including proposed findings and conclusions, at the
				close of testimony in the proceeding. The presiding officer shall immediately
				fix the time in which the proposed order shall be filed.
(2)
Contents:
(a) The party or staff submitting a proposed
				order shall clearly identify themselves on the first page of the
				order.
(b) Each proposed finding of
				fact and conclusion of law shall be clearly and concisely stated and
				numbered.
(c) Each proposed finding
				of fact shall show specifically, by appropriate transcript reference, the
				evidence which supports the proposed finding unless otherwise permitted by the
				presiding officer.
(d) Proposed
				findings and conclusions should be kept to the minimum needed and may reflect
				the party's or staff's position but shall not be used to argue that
				position.
(3)
Failure to file; dismissal:
The commission may dismiss with or without
				prejudice any proceeding where the staff or the party who initiated such
				proceeding fails to comply with this rule.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 2 - ADMINISTRATIVE PROCEDURES › Part 2 - PUBLIC REGULATION COMMISSION RULES OF PROCEDURE › Section 1.2.2.37 - COMMISSION ORDERS, EXCEPTIONS, AND REHEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Commission orders:
(1) The commission will issue its order in
				writing in every proceeding. The order shall contain separately stated findings
				of fact and, in the commission's discretion, conclusions of law, or combined
				findings and conclusions. The commission may in its discretion issue an oral
				decision prior to the issuance of its written order. The timeliness of
				applications for rehearing and notices of appeal shall be calculated from the
				date the commission issues its written order. The date a written order is
				issued is the date when the written order, signed under the seal of the
				commission, has been filed with the chief clerk or the chief clerk's
				designee.
(2) The commission may
				adopt a hearing examiner's recommended decision. If a recommended decision is
				adopted in its entirety the commission's order shall so state. Where the only
				changes between the commission order and the hearing examiner's decision are
				those to correct grammatical or typographical errors, the commission's order
				shall so state.
(3) The commission
				may issue an order which makes reference to the recommended decision and
				indicate disagreements with the hearing examiner and the commission may make
				further or modified findings and conclusions based on the record.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 2 - ADMINISTRATIVE PROCEDURES › Part 2 - PUBLIC REGULATION COMMISSION RULES OF PROCEDURE › Section 1.2.2.38 - DISQUALIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Disqualification of hearing examiner:
(1) A hearing examiner, other than a
				commissioner, designated by the commission to preside in a proceeding, may,
				upon his or her own motion under Paragraph (2) of Subsection E of 1.2.2.29 NMAC
				or upon written request and approval of the commission, disqualify himself or
				herself.
(2) Any party or staff may
				file a motion to disqualify and remove a hearing examiner other than a
				commissioner. Such motion shall be supported by an affidavit setting forth the
				alleged grounds for disqualification. A copy of the motion and affidavit shall
				be served by the movant on the hearing examiner whose removal is sought and the
				hearing examiner shall respond within ten (10) days from such service. If the
				hearing examiner does not disqualify himself or herself or respond to the
				motion within ten (10) days, then the commission shall promptly determine the
				validity of the grounds alleged and take appropriate action.
(3) A hearing examiner, other than a
				commissioner, may be disqualified for violation of the code of conduct adopted
				by the commission.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 2 - ADMINISTRATIVE PROCEDURES › Part 2 - PUBLIC REGULATION COMMISSION RULES OF PROCEDURE › Section 1.2.2.39 - COMMISSION CODE OF CONDUCT

Current through Register Vol. 35, No. 13, July 16, 2024
The conduct of commissioners and all employees of the
				  commission shall be governed by the code of conduct adopted by the commission
				  pursuant to Section
				  10-16-11 NMSA
				  1978 of the Governmental Conduct Act unless inconsistent with Sections
				  8-8-17,
				  8-8-18
				  and
				  8-8-19
				  NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 2 - ADMINISTRATIVE PROCEDURES › Part 2 - PUBLIC REGULATION COMMISSION RULES OF PROCEDURE › Section 1.2.2.40 - VARIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. An petitioner may
				request a variance from a requirement of any commission rule or
				order.
B. A petition for variance
				shall be supported by an affidavit signed by an officer of the applicant or
				person with authority to sign for the applicant.
C. Such petition may include a motion that
				the commission stay the affected portion of the rule or order for the
				transaction specified in the motion.
D. The commission may, at its discretion,
				require an informal conference or formal evidentiary public hearing prior to
				making its determination.
E. A
				petition for variance shall:
(1) identify the
				section of the rule or order from which the variance is requested;
(2) describe the situation that necessitates
				the variance;
(3) describe the
				effect of complying with the rule or order on the applicant if the variance is
				not granted;
(4) describe the
				result the variance will have if granted; and
(5) describe how the proposed alternative
				will achieve the purpose of the rule, and why it is in the public
				interest.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 2 - ADMINISTRATIVE PROCEDURES › Part 3 - PUBLIC REGULATION COMMISSION EX PARTE COMMUNICATIONS › Section 1.2.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to commissioners, hearing examiners,
				  advisory staff, and any party to a commission proceeding.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 2 - ADMINISTRATIVE PROCEDURES › Part 3 - PUBLIC REGULATION COMMISSION EX PARTE COMMUNICATIONS › Section 1.2.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 15, 2004, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 2 - ADMINISTRATIVE PROCEDURES › Part 3 - PUBLIC REGULATION COMMISSION EX PARTE COMMUNICATIONS › Section 1.2.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to implement NMSA 1978 Section
				  8-8-17 by
				  regulating ex parte communications concerning commission proceedings so as to
				  ensure the fairness and integrity of the commission's decision-making
				  process.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 2 - ADMINISTRATIVE PROCEDURES › Part 3 - PUBLIC REGULATION COMMISSION EX PARTE COMMUNICATIONS › Section 1.2.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this rule:
A.
advisory staff
means a person
				hired by the chief of staff, with the consent of the commission, with expertise
				in regulatory law, engineering, economics or other professional or technical
				disciplines, to advise the commission on any matter before the commission,
				including a member of the commission's office of general counsel or an expert
				or staff hired by the chief of staff on a temporary, term or contract basis for
				a particular case, but not including persons hired by an individual
				commissioner who serve at the pleasure of that commissioner;
B.
ex parte communication
means
				a direct or indirect communication with a party or his representative, outside
				the presence of the other parties, concerning a pending rulemaking after the
				record has been closed or a pending adjudication, that deals with substantive
				matters or issues on the merits of the proceeding, including any attachments to
				a written communication or documents shown in connection with an oral
				presentation that deals with substantive matters or issues on the merits of the
				proceeding;
(1) ex parte communications do not
				include:
(a) statements made by commissioners,
				hearing examiners, or advisory staff that are limited to providing publicly
				available information about a pending adjudication or rulemaking after the
				record has been closed; or
(b)
				inquiries relating solely to the status of a proceeding, including inquiries as
				to the approximate time that action in a proceeding may be taken;
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 2 - ADMINISTRATIVE PROCEDURES › Part 3 - PUBLIC REGULATION COMMISSION EX PARTE COMMUNICATIONS › Section 1.2.3.8 - EX PARTE COMMUNICATIONS PROHIBITED

Current through Register Vol. 35, No. 13, July 16, 2024
A. A commissioner shall not initiate, permit,
				or consider a communication directly or indirectly with a party or his or her
				representative
,
outside the presence of other parties, concerning
				a pending rulemaking after the record has been closed or a pending
				adjudication.
B. A hearing examiner
				shall not initiate, permit or consider a communication directly or indirectly
				with a party or his or her representative, outside thepresence of other
				parties, concerning a pending rulemaking after the record has been closed or a
				pending adjudication.
C. Advisory
				staff shall not initiate, permit, or consider a communication directly or
				indirectly with a party or his or her representative, outside the presence of
				other parties, concerning a pending rulemaking after the record has been closed
				or a pending adjudication.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 2 - ADMINISTRATIVE PROCEDURES › Part 3 - PUBLIC REGULATION COMMISSION EX PARTE COMMUNICATIONS › Section 1.2.3.9 - EX PARTE COMMUNICATIONS PERMITTED

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Procedural or administrative
				purposes.
Where circumstances require, ex parte communications for
				procedural or administrative purposes or emergencies, that do not deal with
				substantive matters or issues on the merits, may be permitted if the
				commissioner, hearing examiner, or advisory staff reasonably believes that no
				party will gain an advantage as a result of the ex parte communication and the
				commissioner, hearing examiner, or advisory staff makes provisions promptly to
				notify all other parties of the substance of the ex parte
				communication.
B.
Uncontested proceedings.
Ex parte communications may be permitted
				concerning pending adjudications in which the matter is ripe for decision and
				no party to the proceeding, including staff, is in opposition to the relief
				requested.
C.
Internal
				commission communications.
Commissioners, hearing examiners and advisory
				staff may consult with each other.
D.
Nonparty expert.
A
				commissioner or hearing examiner may obtain the advice of a nonparty expert on
				an issue raised in the rulemaking or adjudication if the commissioner or
				hearing examiner gives notice to the parties of the person consulted and the
				substance of the advice and affords the parties reasonable opportunity to
				respond.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 2 - ADMINISTRATIVE PROCEDURES › Part 3 - PUBLIC REGULATION COMMISSION EX PARTE COMMUNICATIONS › Section 1.2.3.10 - DISCLOSURE REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
A commissioner, hearing examiner, or advisory staff member
				  who receives, makes, or knowingly causes to be made a communication prohibited
				  by this rule shall disclose it to all parties and give other parties an
				  opportunity to respond. The person to whom the prohibited communication was
				  made shall:
A. disclose the prohibited
				communication by filing a copy of a written communication or a summary of an
				oral communication in the record of the proceeding within five (5) calendar
				days of the communication; and
B.
				serve the disclosure on all parties to the proceeding in accordance with
				Subsection C of 17.1.2.10 NMAC, except in proceedings involving numerous
				parties where the commission or hearing examiner determines that disclosure by
				publication would better serve administrative economy.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 2 - ADMINISTRATIVE PROCEDURES › Part 3 - PUBLIC REGULATION COMMISSION EX PARTE COMMUNICATIONS › Section 1.2.3.11 - SANCTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Upon receipt of a communication knowingly made or caused to
				  be made by a party to a commissioner, hearing examiner, or advisory staff
				  member in violation of NMSA 1978 Section
				  8-8-17 or
				  this rule, the commissioner or hearing examiner may, pursuant to Subsection E
				  of that section, require the party to demonstrate that no unfair advantage was
				  gained from the communication, may permit other parties the opportunity to
				  respond, and may dismiss, deny, disregard, or otherwise take adverse action on
				  the claim or interest in the proceeding.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All executive branch state agencies.
A. Except as otherwise provided in the
				Procurement Code, Sections
				13-1-28
				through
				13-1-199
				NMSA 1978, the code applies to every expenditure by state agencies and local
				public bodies for the procurement of items of tangible personal property,
				services and construction.
B.
				General: Except as otherwise provided in this section, this rule applies to
				every agency and to every transaction to which the Procurement Code applies
				except the following:
(1) procurement of
				highway construction or reconstruction by the department of
				transportation;
(2) procurement by
				the judicial branch of state government;
(3) procurement by the legislative branch of
				state government;
(4) procurement
				by the boards of regents of state educational institutions named in Article 12
				Section 11 of the constitution of New Mexico;
(5) procurement by the state fair commission
				of tangible personal property, services and construction under twenty thousand
				dollars ($20,000);
(6) purchases
				from the instructional material fund;
(7) procurement by all local public
				bodies;
(8) procurement by regional
				education cooperatives;
(9)
				procurement by charter schools;
(10) procurement by each state health care
				institution that provides direct patient care and that is, or a part of which
				is, medicaid certified and participating in the New Mexico medicaid program;
				and
(11) procurement by the public
				school facilities authority.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  9-17-5
				  NMSA 1978, Laws of 1983, Chapter 301, Section 5; and 13-1-95, Laws of 1984,
				  Chapter 65, Section 68 (Repl. Pamp. 1997). Subject to the authority of the
				  secretary of the general services department, Section
				  13-1-95
				  NMSA 1978 designates the state purchasing agent as both the administrator and
				  chief executive of the state purchasing division. The cite further designates
				  the state purchasing agent and purchasing division shall be responsible for the
				  procurement of items of tangible personal property, services and construction
				  for all state agencies except as otherwise provided in the Procurement Code,
				  Sections
				  13-1-28
				  through
				  13-1-199
				  NMSA 1978, and shall administer the code for those state agencies not excluded
				  from the requirement of procurement through the state purchasing agent. Among
				  the statutory duties and responsibilities afforded the state purchasing agent
				  is to recommend procurement regulations to the secretary of the general
				  services department.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Subsection C of Section
				  13-1-29
				  NMSA 1978 states that, the purposes of the Procurement Code are to provide for
				  the fair and equal treatment of all persons involved in public procurement, to
				  maximize the purchasing value of public funds and to provide safeguards for
				  maintaining a procurement system of quality and integrity. The objective of
				  this rule is to have the force and effect of law to implement, interpret or
				  make statute specific as it applies to the Procurement Code, Sections
				  13-1-28
				  through
				  13-1-199
				  NMSA 1978 and the purposes stated therein.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.8 - CENTRALIZATION OF PROCUREMENT ACTIVITY (1.4.1.8 - 1.4.1.13 NMAC)

Current through Register Vol. 35, No. 13, July 16, 2024
A. State purchasing
				agent. All procurement for state agencies shall be performed by the state
				purchasing agent except the following:
(1)
				professional services;
(2) small
				purchases having a value not exceeding one thousand five hundred dollars
				($1,500);
(3) emergency
				procurements; and
(4) the types of
				procurement specified in Subsection B of
				1.4.1.2 NMAC.