New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 2 - ADMINISTRATIVE PROCEDURES › Part 2 - PUBLIC REGULATION COMMISSION RULES OF PROCEDURE › Section 1.2.2.10 - FILING AND SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Service and contact emails:
all regulated entities shall at all
				times keep a current email on file with the commission's chief clerk or
				designee at which they can receive service of pleadings, process and other
				communication from the commission. All participants in open dockets shall
				provide a current email to the commission's chief clerk or designee at which
				they can receive service of pleadings, process and other communication from the
				commission, unless they do not have access to email.
B.
Service generally:
(1) Except as otherwise provided by this rule
				or order of the commission or presiding officer, all pleadings, orders,
				notices, and documents filed in a proceeding shall be promptly served upon
				those persons described in Paragraph (4) of Subsection B of 1.2.2.10 NMAC by
				the person filing the orders, notices, pleadings, or documents. Service of
				electronic filings shall be made by electronic transmission. If a person does
				not have the ability to serve and be served electronically service on and by
				that person shall be made by depositing the pleading, order, notice, or
				document in the U.S. mail, postage prepaid, using first class or express mail,
				by delivering the pleading, order, notice, or document to a commercial courier
				service for delivery, by hand delivery. The date of service shall be the date
				of deposit in the mail, delivery to a commercial courier service, hand
				delivery, or electronic transmission.
(2) A certificate of service listing, by
				name, each person served and describing the manner and date of service shall be
				attached to the pleading, order, notice, or document being filed and all copies
				served or filed, unless otherwise directed by the commission or presiding
				officer.
(3) Service of pleadings,
				orders, notices, and documents on the staff's or a party's named attorney is
				valid service upon staff or the party for all purposes in the proceeding unless
				the commission or presiding officer directs otherwise.
(4) Service of pleadings, orders, notices,
				and documents shall be made upon all persons included on the official service
				list. The official service list is the most recent service list issued by the
				commission or presiding officer in the proceeding.
(a) A service list shall include parties and
				staff or their counsel of record and shall be issued by the commission or
				presiding officer in all proceedings after the deadline for intervention has
				passed in the proceeding, and may be revised from time to time.
(b) The commission or presiding officer shall
				serve all service lists upon staff and the parties to the proceeding promptly
				upon issuance of the list.
(c)
				Prior to the issuance of an official service list, all pleadings, orders,
				notices, and documents filed in a proceeding shall be served by the person
				filing the orders, notices, pleadings, or documents upon all other parties in
				the proceeding, persons who have pending motions to intervene, staff, and as
				otherwise required by commission rule or order.
(5) Orders or documents issued by the
				commission or presiding officer are effective on the date they are filed unless
				otherwise stated in the order or document;
(6) When serving documents electronically
				each document shall be identified in the following four segment format: case
				number-filing date-party name-pleading identifier. Each name segment shall be
				separated by a hyphen. Case number shall be in the form: xx-xxxxx-suffix (UT or
				TR). Filing date shall be in the form: four digit year-two digit month-two
				digit day of month. Party name shall utilize a single word or abbreviated form,
				e.g. party initials, acronym or other identifier. The pleading identifier shall
				identify the nature of the pleading by concise description, e.g. petition,
				application, complaint, answer, motion seeking xxxxxxx, brief, response, reply,
				etcetera.