N.M. Admin. Code § 1.2.2.7

Current through Register Vol. 35, No. 21, November 5, 2024

Section 1.2.2.7 - DEFINITIONS

In addition to the definitions contained in Sections 3-29-2, 8-8-2, 53-4-1, 53-6-3, 53-8-2, 53-11-2, 53-19-2, 53-20-2, 60-2C-2, 62-3-3, 62-14-2, 63-9-2, 63-9A-3, 63-9H-3, 65-2A-3, 65-6-2, and 70-3-12 NMSA 1978, as used in this rule:

A.Definitions beginning with "A":

(1)advisory staff means persons hired by the commission pursuant to Section 8-8-13 NMSA 1978, but who do not represent staff in proceedings before the commission;

(2)applicant means any party on whose behalf an application is made for approval or authorization of the commission.

B.Definitions beginning with "B": [RESERVED]

C.Definitions beginning with "C":

(1)chief clerk means the person appointed by the chief of staff pursuant to Section 8-8-5 NMSA 1978 to serve as director of the administrative services division pursuant to Section 8-8-7 NMSA 1978 or the director of the administrative services division's designee;

(2)chief of staff means the person appointed by the commission pursuant to Section 8-8-5 NMSA 1978;

(3)commenter means a person who enters into the record of a proceeding before the commission or presiding officer a comment on the grounds of public or private interest, but who is not a party to the proceeding;

(4)complainant means a person who complains of anything done or omitted to be done in violation of any law, rule, or order administered or promulgated by the commission;

(5)corporations means domestic and foreign corporations, limited liability companies, cooperative associations, sanitary projects act associations, water users associations, waterworks corporations, and foreign business trusts as those terms are defined in Section 3-29-2 and Chapter 53, NMSA 1978, unless exempted by law from commission regulation.

D.Definitions beginning with "D":

(1)date and time of filing means, for an electronic filing, the date and time on the filing transmittal email delivered to the records bureau email address; electronic filings may be deemed filed at later date and time than the time on the filing transmittal email in accordance with the procedures set forth in Paragraph (1) of Subsection C of 1.2.2.10 NMAC. For a hard copy filing, the date and time of filing is the date of the date stamp affixed by the records bureau in accordance with Paragraph (2) of Subsection C 1.2.2.10 NMAC.

(2)document means, except as otherwise used in the provisions of this rule governing discovery, any submission in a formal proceeding, including pleadings, or which is required to be filed by commission rule or order outside a formal proceeding.

E.Definitions beginning with "E":

(1)electronic means relating to technology having electrical, digital, magnetic, wireless, telephonic, optical, electromagnetic or similar capabilities;

(2)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 and including the email address of the person signing;

(3)electronic filingmeans the filing procedures for set forth in 1.2.2.10 NMAC.

F.Definitions beginning with "F":

(1)file, filed, or filingmeans filing by electronic mail to the records bureau email address, unless otherwise permitted by Subsections C and D of 1.2.2.10 NMAC, and acceptance by the chief clerk or the clerk's designee;

(2)fire marshal-regulated entities means persons whose activities are regulated by the provisions of Sections 59A-52-1 through 59A-52-25 NMSA 1978, or the Fireworks Licensing and Safety Act, Sections 60-2C-1 through 60-2C-11 NMSA 1978; this Paragraph shall be effective until June 30, 2021 at which time it shall be deleted;

(3)formal proceedings means all matters other than rulemakings to which case numbers are assigned and which are entered on the commission's docket for decision by the commission.

G.Definitions beginning with "G": [RESERVED]

H.Definitions beginning with "H":hearing examiner means a person employed by the commission as a hearing examiner, or a commissioner or advisory staff member designated by the commission as the hearing examiner to conduct any hearing or investigation which the commission is authorized to conduct;

I.Definitions beginning with "I": [RESERVED]

(1)informal proceedings means any matters handled outside a formal proceeding by the commission or its staff, including informal complaints;

(2)intervenor means a person permitted by the commission or presiding officer to participate as a party in a proceeding pursuant to 1.2.2.23 NMAC.

J.Definitions beginning with "J": [RESERVED]

K.Definitions beginning with "K":

L.Definitions beginning with "L": [RESERVED]

M.Definitions beginning with "M": mediator means a person assigned by the commission to facilitate resolution of disputes pending informally or formally before the commission by assisting parties in their communications and meetings, identification and exploration of issues, and development of bases for agreements.

N.Definitions beginning with "N":

O.Definitions beginning with "O": [RESERVED]

P.Definitions beginning with "P": [RESERVED]

(1)party means a person who initiates a commission proceeding by filing an application, petition or complaint, or whom the commission or presiding officer names as a respondent, or whom the commission or presiding officer grants leave to intervene; unless the context indicates otherwise, the term "party" may also refer to counsel of record for a party; staff shall have the status of a party, without being required to file a motion to intervene, but shall not have a right to appeal;

(2)petitioner means any party on whose behalf a petition is made for approval, determination, consent, certification, or authorization of the commission;

(3)pleading means an application, petition, complaint, answer, motion, response to motion, exception, or other formal written statement filed in any formal proceeding;

(4)presiding officer means a commissioner taking such actions as are permitted under 1.2.2.29 NMAC and 1.2.2.30 NMAC or the hearing examiner designated to preside over a proceeding;

(5)proceeding means a formal proceeding;

(6)public hearing means a portion of a proceeding, open to the public and conducted by the commission or presiding officer, that affords an opportunity to present such evidence, argument, or other appropriate matters as the commission or presiding officer deems relevant or material to the issues.

Q.Definitions beginning with "Q.": [RESERVED]

R.Definitions beginning with "R":

(1)records bureau email address means prc.records@state.nm.us or another records bureau email address, as set out on the commission's webpage;

(2)regular business hours means 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m. prevailing mountain time Monday through Friday, excluding state holidays;

(3)regulated entity means a utility, telecommunications provider, motor carrier, fire marshal-regulated entity (to be deleted on June 30, 2021), railroad, or owner or operator of gas and hazardous liquid pipelines and underground facilities or one-call notification system subject to the jurisdiction of the commission;

(4)respondent means any party against whom any complaint is filed or any party subject to the jurisdiction of the commission to whom the commission issues notice instituting a proceeding, investigation, or inquiry of the commission;

S.Definitions beginning with "S": staff means all persons, other than hearing examiners and advisory staff, employed by the commission; and

T.Definitions beginning with "T": telecommunications provider shall have the meaning given in Paragraph (2) of Subsection A of Section 63-7-23 NMSA 1978.

U.Definitions beginning with "U": unsworn affirmation means an unsworn affirmation in lieu of a notarization pursuant to Paragraph (3) of Subsection A of 1.2.2.35 NMAC.

V.Definitions beginning with "V": [RESERVED]

W.Definitions beginning with "W": [RESERVED]

X.Definitions beginning with "X": [RESERVED]

Y.Definitions beginning with "Y": [RESERVED]

Z.Definitions beginning with "Z": [RESERVED]

N.M. Admin. Code § 1.2.2.7

1.2.2.7 NMAC - Rp, 17 NMAC 1.2.7, 9-1-08, Amended by New Mexico Register, Volume XXXI, Issue 20, October 27, 2020, eff. 10/15/2020, Amended by New Mexico Register, Volume XXXII, Issue 07, April 6, 2021, eff. 10/15/2020