New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 2 - ADMINISTRATIVE PROCEDURES › Part 2 - PUBLIC REGULATION COMMISSION RULES OF PROCEDURE › Section 1.2.2.9 - PRACTICE BEFORE THE COMMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
(See
				  18.60.4.11
				  NMAC for matters involving owners and operators of gas and hazardous liquid
				  pipelines and underground facilities, excavators, and one-call notification
				  systems.)
A. An individual may appear
				as a party in person or by an attorney licensed to practice law in New Mexico
				at either informal or formal proceedings.
B. Entities other than an individual may
				appear as a party at informal proceedings by an officer or employee of the
				entity.
C. Commenters may appear in
				person or by an attorney at any proceeding.
D. Except as provided in this section,
				entities other than an individual must be represented by an attorney licensed
				to practice law in New Mexico at all formal proceedings.
E. An attorney licensed in a jurisdiction
				other than New Mexico may appear at public hearings before the commission or
				presiding officer provided such non-resident attorney files a motion
pro hac vice
and is associated with and accompanied by an
				attorney licensed in New Mexico.
F.
				The following entities may be represented at all formal proceedings as
				provided:
(1) if the party is the United
				States, it may be represented as provided in 40 U.S.C. Section 481(a)(4) and
				486(d);
(2) if the party is an
				association of residential customers of an investor-owned public utility or an
				association of residential members of a rural electric cooperative, it may be
				represented by an officer or employee thereof who has been authorized to appear
				on behalf of the association;
(3)
				if the party is a class C or class D water utility as defined in General
				Provisions for Water Utilities, 17.12.1 NMAC, or is a sewer utility subject to
				the requirements of procedures for review of rates proposed by sewer utilities
				having annual operating revenues averaging less than $500,000 over any
				consecutive three-year period, 17.13.970 NMAC, and:
(a) if such a water or sewer utility is a
				corporation or LLC whose voting shares are held by a single shareholder or
				closely knit group of shareholders all of whom are natural persons active in
				the conduct of the business, it may be represented by an officer or general
				manager who has been authorized to appear on behalf of the corporation,
				or;
(b) if such a water or sewer
				utility is a general partnership; and the partnership has fewer than ten
				partners, whether limited or general, except that a husband and wife are
				treated as one partner for this purpose; and all partners, whether limited or
				general, are natural persons; it may be represented by a general partner who
				has been authorized to appear on behalf of the general partnership;
(4) if the party is a water and
				sanitation district governed by the Water and Sanitation District Act, Section
				73-21-1
				NMSA 1978
et seq
., it may be represented by an officer or
				employee of the water and sanitation district who has been authorized by the
				water and sanitation district to appear on its behalf;
(5) if the party is a utility submitting an
				application relating to securities pursuant to Subsection B of Section
				62-6-8 NMSA
				1978, it may be represented by an officer or employee of the utility who has
				been authorized by the utility to appear on its behalf; however, upon a finding
				by the commission or the presiding officer that there is good cause to hold a
				public hearing on such an application, the applying utility shall be
				represented in that proceeding by an attorney licensed to practice law in New
				Mexico.