New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 9 - REGULATORY PROCEDURES › Part 1 - GENERAL PROVISIONS - HEARINGS › Section 18.9.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Applicant"
means any party on whose behalf an application is made
				for approval or authorization of the department.
B.
"Calendar days"
means that
				the time period shall be counted as follows: the day of the event that triggers
				the period shall be excluded.
all intermediate days shall be counted, including the weekend
				  and legal holidays; and the last day of the period shall be counted. However,
				  if the last day is a weekend or legal holiday then the period is extended to
				  the next business day.
C.
"Commentor"
means a person other than a party who provides a
				statement for consideration on the grounds of a public or private
				interest.
D.
"Complainant"
means a person who complains of anything done or omitted
				to be done in violation of any law, rule, or administrative order;.
E.
"Confidential information"
means information that is personally sensitive or protected by law, and
				includes driver's license numbers, taxpayer identification numbers, social
				security numbers, dates of birth, health treatments or diagnoses, and financial
				account numbers.
F.
"Date and
				time of filing"
means the date and time on the electronic mail
				transmittal that is received by the records bureau with a request for filing
				services.
G.
"Department"
means the New Mexico department of
				transportation.
H.
"Director"
means the supervisor of the compliance unit staff
				tasked with assessing the compliance of transportation services regulated by
				the department.
I.
"Electronic signature"
means a full, printed name of the person
				responsible for the electronic version of the document by scanned or other
				electronic reproduction of the signature or by typing in the signature line the
				notation "/s/" followed by the name of the person signing the original document
				accompanied by the email address of the person signing.
J.
"File, filed, or filing"
means the electronic mail submission to the department's records bureau with a
				request for filing services.
K.
"Hearing examiner"
means a person employed or designated by the
				department as the official tasked with conducting an administrative hearing and
				recommending a decision.
L.
"Intervenor"
means a person authorized by law or permitted by the
				hearing examiner to participate as a party in an administrative
				hearing.
M.
"Order"
means a directive, determination or ruling on a disputed matter issued by the
				department.
N.
"Party"
means a person who initiates a proceeding by filing a petition or complaint, a
				respondent to a filed petition or complaint, any person granted leave to
				intervene in a matter, and staff.
O.
"Petitioner"
means any party
				on whose behalf a petition is made for a determination or action by the
				department.
P.
"Pleading"
means a petition, complaint, answer, motion, response,
				exception, or other formal written statement filed in a proceeding.
Q.
"Hearing"
means a public
				proceeding conducted by a hearing examiner, that affords an opportunity for
				parties to present evidence, testimony and argument as are deemed relevant or
				material to the disputed issues.
R.
"Respondent"
means any party against whom any complaint is filed
				or any party subject to the department's jurisdiction to whom a notice is
				issued instituting a proceeding or investigation.
S.
"Secretary"
means the
				secretary of the department.
T.
"Staff"
means persons employed by the department to assess the
				compliance of motor carrier and transportation network services subject to the
				jurisdiction of the department.