Chapter 8, Article 8 NMSA 1978 may be cited as the “Public Regulation Commission Act”. History: Laws 1998, ch. 108, § 1; 2007, ch. 161, § 1. ANNOTATIONS Compiler’s notes. — Laws 2020, ch. 9, § 15 recompiled and amended former 8-8-1 NMSA 1978 as part of Chapter 62, Article 19 NMSA 1978, (see 62-19-1 […]
A. The commission shall set minimum requirements for the director of the legal division, including membership in the New Mexico bar and administrative and supervisory experience. B. The legal division shall: (1) provide legal counsel for the commission in matters not involving advice on contested proceedings before the commission; and (2) provide legal counsel to […]
The transportation division shall serve as staff to the commission for the following functions, as provided by law: A. motor carrier regulation and enforcement; B. railroad safety enforcement; C. pipeline safety; and D. ambulance standards. History: Laws 1998, ch. 108, § 11. ANNOTATIONS Compiler’s notes. — Laws 2020, ch. 9, § 15 recompiled former 8-8-11 […]
A. The utility division shall serve as staff to the commission in the regulation of electric, natural gas, renewable energy sources, telecommunications and water and wastewater systems as provided by law. B. The commission shall set minimum educational and experience requirements for the director of the utility division. C. The utility division shall represent the […]
A. The “telecommunications bureau” is created in the utility division of the public regulation commission. B. The telecommunications bureau shall: (1) review disputes between telecommunications providers; (2) investigate each complaint on an expedited basis; (3) address other telecommunications-related duties as required by the New Mexico Telecommunications Act [Chapter 63, Article 9A NMSA 1978] and the […]
A. The chief of staff may hire, with the consent of the commission, advisory staff with expertise in regulatory law, engineering, economics and other professional or technical disciplines to advise the commission on any matter before the commission. The chief of staff may hire on a temporary, term or contract basis such other experts or […]
A. The commission may appoint a commissioner or a hearing examiner to preside over any matter before the commission, including rulemakings, adjudicatory hearings and administrative matters. B. A hearing examiner shall provide the commission with a recommended decision on the matter assigned to the hearing examiner, including findings of fact and conclusions of law. The […]
A. Unless otherwise provided by law, no rule affecting a person outside the commission shall be adopted, amended or repealed except after public notice and public hearing before the commission or a hearing examiner designated by the commission. B. Notice of the subject matter of the rule, the action proposed to be taken, the manner […]
Unless otherwise provided by law, the commission may by rule provide that oral proceedings before the commission may be taken by any means that provides a full and complete record, including tape recording or stenography. The commission by rule shall determine when tape recordings are transcribed. A party to the proceeding may request a copy […]
A. A commissioner shall not initiate, permit or consider a communication directly or indirectly with a party or his representative outside the presence of the other parties concerning a pending rulemaking after the record has been closed or a pending adjudication. B. A hearing examiner shall not initiate, permit or consider a communication directly or […]
A. A commissioner or hearing examiner shall recuse himself in any adjudicatory proceeding in which he is unable to make a fair and impartial decision or in which there is reasonable doubt about whether he can make a fair and impartial decision, including: (1) when he has a personal bias or prejudice concerning a party […]
A. As used in this section, in addition to the definitions provided in Section 2 [8-8-2 NMSA 1978] of the Public Regulation Commission Act: (1) “affiliated interest” means a person who directly controls or is controlled by or is under common control with a regulated entity, including an agent, representative, attorney, employee, officer, owner, director […]
As used in the Public Regulation Commission Act: A. “commission” means the public regulation commission; B. “commissioner” means a person elected or appointed to the public regulation commission; and C. “person” means an individual, corporation, firm, partnership, association, joint venture or similar legal entity. History: Laws 1998, ch. 108, § 2. ANNOTATIONS Compiler’s notes. — […]
By December 1 of each year, the commission shall report to the legislature and the governor regarding its activities for the previous year in sufficient detail to disclose the workings of the commission and the impact of regulation on the industries regulated by the commission. The report may include suggestions and recommended changes in law, […]
History: 1998, ch. 108, § 80; repealed by Laws 2013, ch. 75, § 53. ANNOTATIONS Repeals. — Laws 2013, ch. 75, § 53 repealed 8-8-21 NMSA 1978, as enacted by 1998, ch. 108, § 80, relating to temporary provisions and transfers, effective July 1, 2013. For provisions of former section, see the 2012 NMSA 1978 […]
A. The “public regulation commission”, created in Article 11, Section 1 of the constitution of New Mexico, is composed of five commissioners elected from districts as provided in that article and the Public Regulation Commission Apportionment Act [8-7-1 to 8-7-5 NMSA 1978]. B. The commission shall annually elect one of its members chairman, who shall […]
A. In addition to other requirements imposed by law, in order to be elected or appointed as a commissioner, a person must be qualified for office by: (1) having at least ten years of professional experience in an area regulated by the commission or in the energy sector and involving a scope of work that […]
A. Beginning July 1, 2013, a commissioner shall complete: (1) an ethics certificate course provided in person or online by a New Mexico public post-secondary educational institution in the first twelve-month period after taking office and at least one two-hour ethics course in each subsequent twelve-month period that the commissioner serves in office; and (2) […]
A. The commission shall administer and enforce the laws with which it is charged and has every power conferred by law. B. The commission may: (1) subject to legislative appropriation, appoint and employ such professional, technical and clerical assistance as it deems necessary to assist it in performing its powers and duties; (2) delegate authority […]
A. The commission shall adopt rules to protect consumers’ rights with respect to propane service. B. The commission shall report by December 2009 to the appropriate interim legislative committee appointed by the New Mexico legislative council on the progress of the rulemaking pursuant to this section. History: Laws 2009, ch. 216, § 1. ANNOTATIONS Compiler’s […]
