reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 7 - STANDARDS OF PRACTICE › Section 16.66.7.16 - ELECTRICAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. The licensee
				shall inspect:
(1) Service drop (overhead) or
				the readily accessible components of the service lateral
				(underground);
(2) service entrance
				conductors and cables;
(3) service
				equipment and main disconnects;
(4)
				service and system grounding;
(5)
				interior Components of service distribution panelboards and secondary
				panelboards by removing the panelboards dead front cover.
(a) When, as determined by the licensee,
				primary electrical distribution panelboards or secondary panelboards and their
				related dead front covers and fasteners are readily accessible, the inspector
				will remove the dead front covers of such panelboards in order to examine
				readily accessible components installed on their interiors.
(b) Use of tools to remove dead front covers
				is specifically excluded when dead front covers or their fasteners are painted
				or otherwise sealed into place or when they cannot be removed with a standard,
				non-power-assisted slot head or Phillips head screwdriver or hex head nut
				driver.
(c) Exception for home
				inspector safety: The home inspector is not required to remove the covers of
				the service and distribution panels when hazardous conditions are present. The
				home inspector should use caution whenever removing the covers of service and
				distribution panels. Before touching the fasteners and cover, the home
				inspector should use available voltage test tools to verify if the panel
				assembly, panel dead front, and fasteners have live voltage conditions. Example
				tools include voltage sniffers, neon bulb testers, three light testers or
				voltmeters.
(6)
				Conductors (wiring methods);
(7)
				overcurrent protection devices;
(8)
				presence of labeling of overcurrent protection devices;
(9) ground fault circuit interrupter ("GFCI")
				protection devices;
(10) arc fault
				circuit interrupter ("AFCI") protection devices;
(11) a representative number of installed
				lighting fixtures, switches, and receptacles; and
(12) the polarity and grounding of all
				readily accessible receptacles within six feet of interior plumbing fixtures,
				in the attached garage or carport, and on the exterior of inspected
				structures.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 7 - STANDARDS OF PRACTICE › Section 16.66.7.17 - HEATING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The licensee
				shall open readily openable access panels provided by the manufacturer or
				installer for routine homeowner maintenance.
B. The licensee shall inspect:
(1) Permanently installed heating equipment
				and distribution systems, using normal operating controls; and
(2) Vent systems, flues, and
				chimneys.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 7 - STANDARDS OF PRACTICE › Section 16.66.7.18 - COOLING AND AIR CONDITIONING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The licensee shall open readily openable access panels provided by the
				manufacturer or installer for routine homeowner maintenance.
B. The licensee shall inspect central and
				permanently installed cooling equipment and distribution systems, using normal
				operating controls.
C. In the home
				inspection report, the licensee shall describe at least the following:
(1) Energy sources; and
(2) Cooling systems.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 7 - STANDARDS OF PRACTICE › Section 16.66.7.19 - INTERIORS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The licensee
				shall inspect:
(1) Walls, ceilings, and
				floors;
(2) Steps, stairways,
				balconies, and the associated railings, guards, and handrails;
(3) Countertops and a representative number
				of permanently installed cabinets; and
(4) A representative number of doors and
				windows.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 7 - STANDARDS OF PRACTICE › Section 16.66.7.20 - GARAGES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The licensee
				shall inspect:
(1) Walls and ceilings
				adjoining living space;
(2) Doors
				entering living space from the garage;
(3) Presence of burners, burner ignition
				devices, or heating elements permanently installed in the garage;
(4) Presence of vehicle barrier when heating
				or water heating units are in the path of the vehicle;
(5) Scuttle access to attics, including
				pull-down stairs inside the garage;
(6) Garage vehicle door;
(7) Vehicle door automatic operator and
				safety features present.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 7 - STANDARDS OF PRACTICE › Section 16.66.7.21 - INSULATION AND VENTILATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The licensee shall inspect:
(1) Insulation
				and vapor retarders in unfinished spaces;
(2) Ventilation of unfinished spaces,
				including attics, enclosed rafter spaces, crawlspaces, and foundation areas;
				and
(3) Kitchen, bathroom, laundry,
				and similar exhaust systems.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 7 - STANDARDS OF PRACTICE › Section 16.66.7.22 - FIREPLACES AND FUEL BURNING APPLIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The licensee shall inspect:
(1) Fuel-burning fireplaces, stoves, and
				fireplace inserts;
(2) Fuel-burning
				accessories installed in fireplaces; and
(3) Chimneys and vent systems.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 7 - STANDARDS OF PRACTICE › Section 16.66.7.23 - BUILT-IN APPLIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				licensee shall inspect:
(1) Kitchen, using
				normal operating controls:
(a) Dishwashers
				through a cycle of the licensee's choosing;
(b) Ovens, ranges, and surface cooking
				appliances;
(c) Trash
				compactors;
(d) Food waste
				grinders;
(e) Permanently installed
				kitchen ventilation equipment; and
(f) Permanently installed microwave
				oven.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 7 - STANDARDS OF PRACTICE › Section 16.66.7.24 - LIMITATIONS AND EXCLUSIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				General limitations:
(1) The requirements,
				obligations, and standards in this Part apply to residential buildings with
				four or fewer dwelling units and their attached and detached garages and
				carports.
(2) As part of a
				particular home inspection, licensees are not required to perform actions or
				make determinations or recommendations beyond those identified in this
				Part.
(3) Home inspections
				performed by licensees are not expected to be technically exhaustive.
(4) Home inspections performed by licensees
				are not required to identify or report on concealed, latent, or intermittent
				conditions.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 7 - STANDARDS OF PRACTICE › Section 16.66.7.25 - INSPECTION REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
Following any home inspection, the licensee shall provide
				  the client with a written inspection report.
A. Inspection reports must state, at a
				minimum, the following:
(1) The systems and
				components of the home that, as determined by the licensee, are not performing
				their normally intended function or operation or are not consistent with
				generally established practices regarding the historically or conventionally
				applied and acknowledged methods of installation, assembly, operation or
				use;
(2) Recommendations as to the
				need to correct, observe, or check for further correction the adverse
				conditions reported pursuant to subsection (A) of this rule or any other items
				requiring further evaluation;
(3)
				Such reasoning and explanation as necessary to identify and clarify the nature
				of the adverse conditions reported pursuant to subsection (A) of this
				rule;
(4) The systems and
				components of the home designated for inspection under the Board's rules which
				were present at the time of the home inspection but not inspected, along with
				the reasons for the lack of inspection;
(5) The following statement, in its entirety
				and in all capital letters: "THE HOME INSPECTOR DID NOT DETERMINE AND THIS
				REPORT DOES NOT CONTAIN A DETERMINATION OF WHETHER THE HOME OR COMPONENTS
				AND/OR SYSTEMS OF THE HOME THAT HAVE BEEN INSPECTED CONFORM TO LOCAL OR STATE
				BUILDING CODE REQUIREMENTS.".
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 8 - DISCIPLINARY PROCEEDINGS › Section 16.66.8.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All licensed home inspectors, license applicants, other
				  agencies, professional associations, and any member of the general public
				  affected by or interested in home inspectors.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 8 - DISCIPLINARY PROCEEDINGS › Section 16.66.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Home Inspector
				  Licensing Act, Sections 61-24D-1 through 16 NMSA 1978 (2019).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 8 - DISCIPLINARY PROCEEDINGS › Section 16.66.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 15, 2021, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 8 - DISCIPLINARY PROCEEDINGS › Section 16.66.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 8 of Chapter 66 is to establish the
				  procedures for denying applications for licensure, processing complaints
				  against licensees and applicants, reinstatement of suspended or revoked
				  licenses, and taking disciplinary action against licensees.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 8 - DISCIPLINARY PROCEEDINGS › Section 16.66.8.8 - GROUNDS FOR DISCIPLINARY ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
The following are grounds for taking disciplinary action against licensees and unlicensed practitioners, and for denying licenses to applicants:
A. Substantial misrepresentation;
B. Violations of the Home Inspector Licensing Act or any rule of the board, including but not limited to the code of ethics and standards of practice as outlined in Parts 5 and 6 of these rules;
C. Offered or delivered compensation, inducement, or reward to the owner of an inspected property or to the broker or the agent for the referral of any business to the home inspector or the home inspector's company;
D. A license to perform home inspections revoked, suspended, denied, stipulated or otherwise limited in any state, jurisdiction, territory or possession of the United States or another country for actions of the licensee similar to acts proscribed in Section 61-24D-11 of the Home Inspector Licensing Act;
E. Failure to furnish the board, its investigators or its representatives with information requested by the board in the course of an official investigation;
F. Performance or offer to perform for an additional fee any repair to a structure on which the home inspector or the home inspector's company has prepared a report at any time during the twelve months immediately prior to the repair or offer to repair, except that a home inspection company that is affiliated with or that retains a home inspector does not violate this paragraph if the home inspection company performs repairs pursuant to a claim made pursuant to the terms of a home inspection contract; or
G. Failure to maintain errors and omissions insurance and professional liability insurance as required by the Home Inspector Licensing Act and the rules of the board.
H. Failure to comply with a notice of audit or submit evidence of continuing education hours earned during the current renewal cycle may result in disciplinary action by the board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 8 - DISCIPLINARY PROCEEDINGS › Section 16.66.8.9 - COMPLAINTS AND RESPONSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A complaint against a licensee or applicant may be filed with the board by any person, office, or organization. The complaint must also contain specific factual allegations of violations of either the Home Inspector Licensing Act, board's rules, or code of ethics.
B. Upon receipt of any complaint alleging that a licensee has violated the Home Inspector Licensing Act, board's rules, or code of ethics, board staff shall forward the complaint to the respective licensee and request a response. The licensee ("respondent") must provide a response to the board within ten business days of receipt. A respondent's failure to respond to the complaint within this specified time frame shall be grounds for disciplinary action, up to and including revocation of the license at the discretion of the board.
C. The board administrator may authorize the issuance of an investigative subpoena to obtain documents or other evidence relevant to a disciplinary complaint.
D. Subject to applicable exceptions to confidentiality established by law, all complaints, responses, and other disciplinary and investigatory records are public records available for inspection and copying, pursuant to state law, irrespective of the final disposition of the underlying disciplinary complaint.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 8 - DISCIPLINARY PROCEEDINGS › Section 16.66.8.10 - REVIEW OF COMPLAINT

Current through Register Vol. 35, No. 13, July 16, 2024
All complaints may be reviewed by the board's complaint committee.
A. Should the board, in its discretion, choose to utilize a complaint committee, the complaint committee shall be responsible for reviewing disciplinary complaints against licensees and applicants and making informal, non-binding recommendations to the board as to their disposition. The complaint committee shall not have any policymaking authority of any kind.
B. The board's complaint committee shall consist of no more than two board members and no more than two other volunteer members who are not members of the board, for a total of no more than four members at any given time.
C. After completing its review of a complaint, the complaint committee shall either recommend that the board take disciplinary action or that it close the case. As part of any recommendation of disciplinary action, the complaint committee may also make recommendations as to the proper amount of discipline (i.e. letter of reprimand, fine, suspension, revocation, etc.), including discipline that might be obtained through a negotiated settlement agreement with the licensee, applicant, or unlicensed practitioner.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 8 - DISCIPLINARY PROCEEDINGS › Section 16.66.8.11 - HEARINGS AND DISCIPLINARY PROCEEDINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All disciplinary proceedings conducted by
				the board shall fully conform to the provisions of the Uniform Licensing Act,
				NMSA 1978, Sections
				61-1-1 to
				-34 (1957, as amended through 2019).
B. In the event that the board seeks to
				proceed with formal disciplinary action and issue a notice of contemplated
				action pursuant to the Uniform Licensing Act, the board shall send a request to
				the litigation division of the New Mexico Office of the Attorney General, which
				shall, if it elects to do so, serve as the administrative prosecutor on behalf
				of the board.
C. If a respondent
				requests an evidentiary hearing in response to a notice of contemplated action,
				the board chair shall designate a hearing officer to preside over the hearing.
				Alternatively, at the discretion of the board chair or upon vote of the board,
				the entire board may preside over the hearing.
D. Any continuance of an evidentiary hearing
				requested or stipulated by a respondent shall only be considered by the hearing
				officer, or board chair if the hearing is conducted by the full board, if the
				respondent has knowingly, voluntarily, and intelligently signed a waiver of the
				applicable time limits set forth by the Uniform Licensing Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 8 - DISCIPLINARY PROCEEDINGS › Section 16.66.8.12 - SETTLEMENT AGREEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
As a means of resolving disciplinary complaints against
				  licensees, applicants, and unlicensed practitioners without the time and
				  expense of formal hearings, settlement agreements are encouraged at any stage
				  in the disciplinary process prior to the adjournment of the evidentiary
				  hearing.
A. Prior to the board voting
				on a disciplinary complaint or the matter being referred to the Office of the
				Attorney General for administrative prosecution, the board staff may negotiate
				a settlement agreement with the respondent. However, the board itself must vote
				to approve the settlement agreement at an open meeting, and no settlement
				agreement is valid under any circumstances until the board so votes.
B. Prior to the issuance of a notice of
				contemplated action or the adjournment of an evidentiary hearing, the board's
				administrative prosecutor may negotiate a settlement agreement with the
				respondent. However, the board itself must vote to approve the settlement
				agreement at an open meeting, and no settlement agreement is valid under any
				circumstances until the board so votes.
C. Following the conclusion of an evidentiary
				hearing, no settlement agreement shall be considered by the board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 8 - DISCIPLINARY PROCEEDINGS › Section 16.66.8.13 - REINSTATEMENT OF SUSPENDED OR REVOKED LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Reinstatement of Suspended Licenses:
				Licensees whose licenses have been suspended by the board may apply to
				reinstate those licenses in accordance with the terms of the suspension. Any
				licensee seeking reinstatement of a suspended license shall be required to
				provide to the board:
(1) A completed
				board-issued application form;
(2)
				Payment of the non-refundable renewal fee in full as provided in Part
				2;
(3) Payment of the
				non-refundable reinstatement fee in full as provided in Part 2;
(4) Any evidence necessary to demonstrate
				that the licensee has satisfactorily completed any terms of the licensee's
				suspension.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 8 - DISCIPLINARY PROCEEDINGS › Section 16.66.8.14 - PARENTAL RESPONSIBILITY ACT

Current through Register Vol. 35, No. 13, July 16, 2024
The authority of the board to issue a notice of contemplated
				  action against any licensee or applicant for licensure whose name appears on
				  the certified list issued by the New Mexico department of human services, as
				  provided in NMSA 1978, 40-5A-1, et seq, as deficient in child support payments,
				  and to refer cases in which notices of contemplated action have been issued for
				  administrative prosecution, is delegated to the administrator of the board.
				  This section shall not be construed to deprive the board of its authority and
				  power to issue a notice of contemplated action for any apparent violation of
				  the Parental Responsibility Act, and to refer any such case for administrative
				  prosecution.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 9 - INSURANCE › Section 16.66.9.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All licensed home inspectors, license applicants, other
				  agencies, professional associations, and any member of the general public
				  affected by or interested in home inspectors.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 9 - INSURANCE › Section 16.66.9.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Home Inspector
				  Licensing Act, Sections 61-24D-1 through 16 NMSA 1978 (2019).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 9 - INSURANCE › Section 16.66.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 9 of Chapter 66 is to establish the
				  minimum terms and conditions of insurance coverage required of all home
				  inspector licensees.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 9 - INSURANCE › Section 16.66.9.8 - INSURANCE REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Pursuant to Section 61-24D-12 of the Home Inspector Licensing Act, all
				licensees and their employers shall carry at all times errors and omissions
				insurance and professional liability insurance to cover all activities
				contemplated pursuant to the provisions of the Home Inspector Licensing
				Act.
B. Every applicant for a
				license and every licensee who applies for renewal of a license must, as a
				condition prerequisite to the issuance or renewal of the license, provide the
				board with satisfactory evidence (proof) that the applicant or licensee has
				errors and omissions insurance coverage and professional liability insurance
				coverage that meet the minimum terms and conditions required by this
				Part.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 9 - INSURANCE › Section 16.66.9.9 - ERRORS AND OMISSIONS INSURANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. A licensee's or applicant's errors and
				omissions insurance policy shall be, at a minimum, in the amount of $250,000 in
				the aggregate.
B. Every proof of an
				errors and omissions insurance policy shall stipulate that cancellation or
				nonrenewal of the policy shall not be effective until at least ten days' notice
				of intention to cancel or not renew has been received in writing by the
				board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 9 - INSURANCE › Section 16.66.9.10 - PROFESSIONAL LIABILITY INSURANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. A licensee's or applicant's professional
				liability insurance policy shall be, at a minimum, in the amount of
				$250,000.
B. The professional
				liability insurance policy must include coverage for the licensee's activities
				performed during the course of a home inspection on the premises of the home
				inspection.
C. The professional
				liability insurance policy must include coverage for both property damage and
				bodily injury.
D. Every proof of a
				professional liability insurance policy shall stipulate that cancellation or
				nonrenewal of the policy shall not be effective until at least ten days' notice
				of intention to cancel or not renew has been received in writing by the
				board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 66 - HOME INSPECTION LICENSING › Part 9 - INSURANCE › Section 16.66.9.11 - GROUP INSURANCE POLICIES ESTABLISHED BY THE BOARD

Current through Register Vol. 35, No. 13, July 16, 2024
A. The board may, at its discretion, solicit
				sealed, competitive proposals from insurance carriers to provide a group errors
				and omissions insurance policy that complies with the terms and conditions
				established by this Part. The Board may approve one or more policies that
				comply with the board rules.
B. The
				board may, at is discretion, solicit sealed, competitive proposals from
				insurance carriers to provide a professional liability insurance policy that
				complies with the terms and conditions established by this part. The board may
				approve one or more policies that comply with the board rules.
C. In the event that the board approves a
				group insurance policy, licensees are required to neither purchase the group
				policy nor contract with the group policy provider.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 1 - UTILITIES GENERAL PROVISIONS › Part 2 - UTILITY APPLICATIONS › Section 17.1.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to applications for approval of
				  certificates of public convenience and necessity, securities, and new rates
				  filed by utilities pursuant to the Public Utility Act, Chapter 62, Articles 1
				  to 6 and 8 to 13 NMSA 1978.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 1 - UTILITIES GENERAL PROVISIONS › Part 2 - UTILITY APPLICATIONS › Section 17.1.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  8-8-4 NMSA 1978 and Section
				  62-8-3 NMSA 1978.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 1 - UTILITIES GENERAL PROVISIONS › Part 2 - UTILITY APPLICATIONS › Section 17.1.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 1, 2008, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 1 - UTILITIES GENERAL PROVISIONS › Part 2 - UTILITY APPLICATIONS › Section 17.1.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish procedures for filing applications for
				  certificates of public convenience and necessity, new rates, and securities
				  pursuant to the Public Utility Act.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 1 - UTILITIES GENERAL PROVISIONS › Part 2 - UTILITY APPLICATIONS › Section 17.1.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this rule:
A.
advice notice
means a
				listing by a utility of proposed changes in tariff schedules and proposed
				effective dates issued to the public and filed with the commission;
				and
B.
newrates
means
				either a change in an existing rate or rates or the institution of a rate or
				rates where none had existed previously.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 1 - UTILITIES GENERAL PROVISIONS › Part 2 - UTILITY APPLICATIONS › Section 17.1.2.9 - APPLICATIONS FOR CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Applications for certificates:
Applications for certificates of public
				convenience and necessity shall conform to the requirements of this rule
				regarding pleadings and shall include in written form all direct testimony and
				supporting exhibits intended to be introduced into evidence.
B.
Notice to other utilities:
The utility making the application for a certificate of public convenience and
				necessity shall determine whether Extensions, Improvements, Additions, and
				Cooperative Agreements Between or Among Utilities, 17.5.440 NMAC, requires
				notification to any other public utility and, if so, the applicant shall serve
				a copy of such application on such other public utility. Failure to so notify
				such other utility may be grounds for dismissal of the application.
C.
Procedure upon receipt of
				application for certificate of public convenience and necessity:
The
				commission, upon receipt of an application for a certificate of public
				convenience and necessity, shall fix a time for a public hearing.
D.
Notice of hearing:
Prior to
				the initial hearing on any application for a certificate of public convenience
				and necessity, the notice of such initial hearing shall be published in a
				newspaper of general circulation in the counties in which the applicant seeks
				to construct or operate the proposed facilities. Such publication must appear
				once, at least twenty (20) days prior to the date of initial hearing. The
				applicant shall bear the cost of such publication.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 1 - UTILITIES GENERAL PROVISIONS › Part 2 - UTILITY APPLICATIONS › Section 17.1.2.10 - APPLICATIONS FOR NEW RATES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
This section applies to all filings seeking new rates,
				except as otherwise provided by statute or by commission rule or
				order.
B.
Filings seeking new
				rates:
(1) Proceedings involving new
				rates shall be initiated by advice notice notifying the commission of the
				utility's intent to implement new rates by a certain date which may not be less
				than 30 days after the filing of such notice.
(a) The utility shall file with the advice
				notice direct testimony and supporting exhibits in written form, including any
				rate filing package required by commission rule or order.
(b) In a general rate case the utility shall
				also file a petition setting forth the concise statement, supported by direct
				testimony and exhibits, required by Subparagraph (c) of Paragraph (2) of
				Subsection B of
				17.1.2.10 NMAC.
(c) All advice notices shall conform to the
				requirements of Schedule of Rates, Rules, and Forms, 17.1.210 NMAC.
(d) The utility shall serve a copy of the
				advice notice on the attorney general and all counsel of record and pro se
				parties in the utility's last rate case at the time it files the advice notice
				with the commission but need not accompany the copy with testimony and
				exhibits.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 1 - UTILITIES GENERAL PROVISIONS › Part 3 - FUTURE TEST YEAR PERIOD FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR INVESTOR-OWNED UTILITIES › Section 17.1.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Public Regulation Commission.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 1 - UTILITIES GENERAL PROVISIONS › Part 3 - FUTURE TEST YEAR PERIOD FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR INVESTOR-OWNED UTILITIES › Section 17.1.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The data requirements specified in this rule shall apply to
				  the investor-owned utilities doing business in New Mexico that tender a new
				  rate schedule or rate schedule based on a future test year period where the
				  future test year period is not the 12 consecutive months following the last day
				  of the base period.
A. Where the
				commission has promulgated a rule for filing requirements in support of rate
				schedules for investor-owned electric, gas, water or sewer utilities in New
				Mexico, and a provision of the rule is inconsistent with a provision in this
				rule, the provision in this rule shall apply.
B. Where the commission has promulgated a
				rule for filing requirements in support of rate schedules for investor-owned
				electric, gas, water or sewer utilities in New Mexico, and a provision of the
				rule is silent with respect to the subject matter of a provision of this rule,
				the provision of this rule shall apply.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 1 - UTILITIES GENERAL PROVISIONS › Part 3 - FUTURE TEST YEAR PERIOD FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR INVESTOR-OWNED UTILITIES › Section 17.1.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  8-8-4,
				  8-8-15,
				  62-3-1
				  through
				  62-3-3,
				  62-6-4
				  A,
				  62-6-4.3,
				  62-6-14,
				  62-6-16,
				  62-6-17,
				  62-6-26,
				  62-6-26.1,
				  62-6-28,
				  62-8-1,
				  62-8-6,
				  62-8-7,
				  62-9-1
				  B,
				  62-9-2
				  B,
				  62-13-13.2,
				  62-16-6,
				  and
				  62-17-6
				  NMSA 1978.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 1 - UTILITIES GENERAL PROVISIONS › Part 3 - FUTURE TEST YEAR PERIOD FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR INVESTOR-OWNED UTILITIES › Section 17.1.3.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 1 - UTILITIES GENERAL PROVISIONS › Part 3 - FUTURE TEST YEAR PERIOD FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR INVESTOR-OWNED UTILITIES › Section 17.1.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 14, 2013, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 1 - UTILITIES GENERAL PROVISIONS › Part 3 - FUTURE TEST YEAR PERIOD FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR INVESTOR-OWNED UTILITIES › Section 17.1.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of 17.1.3 NMAC is to define and specify the
				  different or additional minimum data requirements to be filed in support for a
				  tendered new rate schedule or rate schedule based on a future test year period
				  which will supersede, supplement, or otherwise change the provision of a rate
				  schedule required to be on file with this commission. This rule is intended to
				  provide for a complete and comprehensive rate case filing that, by including
				  full explanations and justifications of changes in items between the adjusted
				  base period, linkage data and future test year period as required by this rule
				  should minimize the amount of discovery needed by commission staff (hereafter
				  "staff") and intervenors to analyze a filing. This rule shall in no way,
				  however, be construed to place any limits on discovery by staff and
				  intervenors, nor to limit the utility's burden of proof under Section
				  62-8-7
				  A NMSA 1978.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 1 - UTILITIES GENERAL PROVISIONS › Part 3 - FUTURE TEST YEAR PERIOD FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR INVESTOR-OWNED UTILITIES › Section 17.1.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions in 17.1.2 NMAC, 17.9.530 NMAC,
				  17.10.630 NMAC, 17.12.1 NMAC, 17.12.730 NMAC, 17.12.780 NMAC, 17.13.1 NMAC,
				  17.13.930 NMAC and 17.13.980 NMAC, as used in this rule:
A.
"adjusted base period"
means
				a utility's base period data that includes fully explained annualizations,
				normalizations and adjustments for known and measureable changes and regulatory
				requirements that occur within the base period; the primary purpose of
				including the adjusted base period year with these changes in the filing is to
				provide staff and intervenors the ability to test the validity of the
				information in the future test year period;
B.
"base period"
means a
				historical 12-month period terminating (1) at the end of a quarter and (2) no
				earlier than 150 days prior to the date of filing;
C.
"cost center"
means a
				department, division, or organizational grouping of departments or divisions at
				which operating expense planning and evaluation takes place;
D.
"cost driver"
means a factor
				that influences or contributes to the expense of a business activity or
				operation; a business activity or operation may have more than one cost driver
				attached to it;
E.
"data
				rules"
means rules 17.1.2 NMAC, 17.9.530 NMAC, 17.10.630 NMAC, 17.12.1
				NMAC, 17.12.730 NMAC, 17.12.780 NMAC, 17.13.1 NMAC, 17.13.930 NMAC, and
				17.13.980 NMAC;
F.
"elements
				of cost"
means types of cost such as labor, materials, outside services,
				contract costs, important clearings, and all other types of cost combined as
				one category;
G.
"future
				test year period"
means a 12-month period beginning no later than the
				date the proposed rate change is expected to take effect;
H.
"linkage data"
means a
				specific and detailed description of all line items for the period of time
				between the end of the base period and the beginning of the future test year
				period required by this rule to create a verifiable link between future test
				year period data and base period data; linkage data does not constitute a test
				period and is provided for the purpose of validating the information contained
				in the future test year period;
I.
"major plant additions"
means plant for which the utility is
				required to file:
(1) an application for a
				certificate or public convenience and necessity; or
(2) prior notice with the commission pursuant
				to 17.5.440 NMAC;
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 1 - UTILITIES GENERAL PROVISIONS › Part 3 - FUTURE TEST YEAR PERIOD FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR INVESTOR-OWNED UTILITIES › Section 17.1.3.8 - INCORPORATION INTO REQUIRED DATA REQUEST SCHEDULES

Current through Register Vol. 35, No. 13, July 16, 2024
The minimum data standard requirements contained in the
				  schedules in 17.9.530 NMAC, 17.10.630 NMAC, 17.12.730 NMAC and 17.13.930 NMAC
				  shall be incorporated into any rate case application made under this rule,
				  except:
A. for 17.9.530 NMAC schedules
				P-2(f), P-3(f), P-4(f), P-5(c)(iii), P-5(d)(ii), P-7(b)(ii), and P-10(e), the
				utility shall file the data for five years beyond the base period;
				and
B. for 17.10.630 NMAC schedules
				Q-2(f), Q-3(f), Q-4(h), Q-5(f) and Q-7(e), the utility shall file the data for
				five years beyond the base period.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 1 - UTILITIES GENERAL PROVISIONS › Part 3 - FUTURE TEST YEAR PERIOD FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR INVESTOR-OWNED UTILITIES › Section 17.1.3.9 - FAILURE TO COMPLY

Current through Register Vol. 35, No. 13, July 16, 2024
The failure of the utility to fulfill the data requirements
				  specified in this rule shall constitute sufficient cause for the commission to
				  reject the utility's filing pursuant to 17.1.210 NMAC.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 1 - UTILITIES GENERAL PROVISIONS › Part 3 - FUTURE TEST YEAR PERIOD FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR INVESTOR-OWNED UTILITIES › Section 17.1.3.10 - VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Pursuant to
				17.1.2 NMAC and 17.1.210 NMAC, a utility unable to comply fully with any data
				request contained in this rule due to good and sufficient cause shall give
				notice in writing to the commission of the utility's inability to comply with
				the provisions of such data request at least 30 days prior to the actual filing
				of the minimum data requirements filing package.
B. Upon receipt of such notification and
				after consideration by the commission of the utility's stated reasons for
				failure to comply fully with the provisions of the data request, the commission
				shall within 15 days notify the utility in writing of its decision concerning
				the utility's notice of its inability to comply with the commission's data
				filing requirements.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 1 - UTILITIES GENERAL PROVISIONS › Part 3 - FUTURE TEST YEAR PERIOD FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR INVESTOR-OWNED UTILITIES › Section 17.1.3.11 - ELECTRONIC FILING REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
Base period, linkage data and future test year period data
				  filed to support the rate application must be provided in fully functional
				  electronic format so that amounts in schedules and supporting work papers
				  required by this rule and the commission's data rules can be traced with
				  relative ease to supporting, detailed data.
A. Fully functional electronic format allows
				staff and intervenors to make adjustments that would carry through to the
				jurisdictional revenue requirement.
B. If the inputs to the fully functioning
				electronic support for the future test year period are fed by systematic
				calculations within other programs that are not downloadable to fully
				functioning and executable spreadsheets, the utility will rerun such supporting
				programs for input changes reasonably required by the staff or intervenors so
				as to be able to capture the impact of such proposed input changes on the
				future test year period jurisdictional cost of service model.
C. The utility shall identify any data that
				is not provided in fully functional electronic format and provide the reason
				why the data is not provided in fully functional electronic format.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 1 - UTILITIES GENERAL PROVISIONS › Part 3 - FUTURE TEST YEAR PERIOD FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR INVESTOR-OWNED UTILITIES › Section 17.1.3.12 - CONTENTS OF RATE APPLICATION BASED ON FUTURE TEST YEAR PERIOD

Current through Register Vol. 35, No. 13, July 16, 2024
The rate application shall include:
A. a base period;
B. an adjusted base period;
C. a future test year period and;
D. verifiable information for the linkage
				data to allow commission staff and intervenors to assess the validity of the
				information contained in the future test year period described in Sections 15,
				16, 17 and 18 of this rule;
E. all
				filed data and all data provided in response to discovery shall specify whether
				the amounts provided are total, jurisdictional, or based on some other
				identified and described method.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 1 - UTILITIES GENERAL PROVISIONS › Part 3 - FUTURE TEST YEAR PERIOD FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR INVESTOR-OWNED UTILITIES › Section 17.1.3.13 - HISTORIC DATA REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
The rate application shall present operating results and
				  financial data that are prepared in the normal course of business for the three
				  years preceding the base period.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 1 - UTILITIES GENERAL PROVISIONS › Part 3 - FUTURE TEST YEAR PERIOD FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR INVESTOR-OWNED UTILITIES › Section 17.1.3.14 - SUPPORTING TESTIMONY AND EXHIBITS REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
The required data shall be accompanied by testimony and
				  exhibits explaining and justifying quantities, assumptions, expectations,
				  activity changes, etc. and verifying that the amounts used to support the
				  future test year period are the utility's most recently available
				  data.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 1 - UTILITIES GENERAL PROVISIONS › Part 3 - FUTURE TEST YEAR PERIOD FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR INVESTOR-OWNED UTILITIES › Section 17.1.3.15 - CONFORMITY WITH UNIFORM SYSTEM OF ACCOUNTS REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
The base period, adjusted base period and future test year
				  period, including rate base, shall be presented in conformity with the
				  applicable USOA accounts prescribed by commission rule.
New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 1 - UTILITIES GENERAL PROVISIONS › Part 3 - FUTURE TEST YEAR PERIOD FILING REQUIREMENTS IN SUPPORT OF RATE SCHEDULES FOR INVESTOR-OWNED UTILITIES › Section 17.1.3.16 - BASE PERIOD, ADJUSTED BASE PERIOD, LINKAGE DATA AND FUTURE TEST YEAR PERIOD REQUIRED DATA

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the requirements of Section 15 of this rule,
				  base period, adjusted base period, linkage data and future test year period
				  results and expectations shall be presented as set forth in this section. If
				  budget estimates are used, the results and expectations shall be presented by
				  cost center and elements of cost. In addition, the base period, the adjusted
				  base period, the linkage data and the future test year period shall be
				  presented by cost categories in at least the following detail set forth in this
				  section.
A.
Revenues.
Revenues shall be detailed by the accounts prescribed in the applicable
				commission rate classes by month. The utility shall also provide a breakdown of
				sales revenue by service classification and related volumes. For electric,
				water and sewer utilities, as has been the history in New Mexico, base period
				revenue shall not be weather normalized.
B.
Operating expenses.
Operation and maintenance expenses shall be broken down at least by USOA
				accounts and elements of cost, on both a total company and jurisdictional
				basis. In providing linkage data, the utility shall provide summary information
				using the future test year period jurisdictional allocators to provide a
				reasonable approximation of jurisdictional amounts for appropriate comparison
				purposes.
(1) The USOA accounts shall be
				further subdivided to the level necessary to identify the appropriate cost
				drivers and adequately demonstrate where the variations between base period and
				future test year period occur.
(2)
				Each subdivision-level estimate shall then be detailed into elements of
				cost.
(3) Any expenses for which
				the utility is not seeking recovery or which are excluded from recovery by the
				commission's data rules or commission order shall be clearly
				identified.
(4) Depreciation,
				operating taxes and income taxes shall be detailed in schedules breaking these
				items down into sufficient detail to be useful for making
				projections.