New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 15 - ADMINISTRATIVE PROCEEDINGS BEFORE THE COMMISSIONER OF PUBLIC LANDS › Section 19.2.15.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Agency
				determination"
means a written determination, by the commissioner or the
				commissioner's designee, regarding a final action or decision taken by the
				commissioner through a state land office department or division, which action
				adversely and materially affects a person's right, title, interest or priority
				of claim in or to trust lands or resources, and which arises from, or in
				connection with, a lease, contract, easement, right of way, grant, conveyance,
				or any other instrument executed by the commissioner or the commissioner's
				designee.
B.
"Commissioner"
means the commissioner of public lands, or a person
				fully authorized to act in the commissioner's stead. References to the
				commissioner as a participant in the contest proceedings shall mean the state
				land office department or division responsible for the agency determination at
				issue, or on behalf of which, a show cause order is issued.
C.
"Contest"
means the
				administrative hearing at which a decision of the commissioner, as defined
				herein, is made regarding a show cause notice of the commissioner or a petition
				contesting an agency determination.
D.
"Contest notice"
means
				notification of the occurrence or denial of a contest issued by the
				commissioner.
E.
"Decision of
				the commissioner"
means the final decision rendered by order of the
				commissioner at the conclusion of a contest pursuant to this Part 15. A
				decision of the commissioner as such is any "decision" "ruling" or "order"
				under Chapter 19, NMSA 1978 appealable to a district or higher court, including
				any such decision of the commissioner so referred to in Sections
				19-7-8,
				19-7-17,
				19-7-67,
				19-10-22,
				and
				19-10-23
				NMSA 1978. A decision of the commissioner is the "final decision or order of an
				agency" as used in Rules of Civil Procedure for the District Court, Rule 1-074C
				NMRA 2004. A decision of the commissioner is a "final decision" as that term is
				used in Paragraph (2) of Subsection H of 39-3-1.1, NMSA 1978.
F.
"Hearing officer"
means the
				person appointed by the commissioner to conduct the contest.
G.
"Petitioner"
means the person
				initiating a contest by petition; in the case of a show cause proceeding there
				will be no petitioner.
H.
"Respondent"
means any party to a contest initiated by petition,
				other than the petitioner or the commissioner; in the case of a show cause
				proceeding the person(s) to whom the show cause order is directed shall be the
				respondent(s).
I. "
Schedule
				of fees
" means a list of fees that must be paid for performance of
				certain administrative functions. The schedule of fees shall be published on
				the state land office website and is subject to change at the discretion of the
				commissioner. Unless otherwise noted in the schedule of fees or in this rule,
				the fee shall be non-refundable.
J.
"Scheduling order"
means an order issued by the hearing officer
				that sets the date, time and place of the contest; establishes the order and
				timing of all pre-hearing matters, such as discovery and briefing; may
				establish whether procedures in addition to those provided for in this Part 15
				shall be provided; and may provide for such other related matters as the
				hearing officer deems necessary. Under appropriate circumstances, the
				scheduling order may be amended by the hearing officer within a reasonable time
				after issuance.
K.
"Show
				cause order"
means an order issued by the commissioner, pursuant to
				Section
				19-7-8
				NMSA 1978 or otherwise as may be permitted, directing a party or parties to
				show cause, if any, why a particular agency action should not be taken or made
				final. The show cause order will state the place and time of the contest
				hearing. A show cause order is an agency determination.
L.
"Trust lands or resources"
means those lands, their natural products or water rights, and other assets
				derived from them, which are under the care, custody, and control of the
				commissioner.