N.M. Admin. Code § 17.4.2.26
Disputes between the Department and utility owners regarding reimbursement eligibility, replacement right-of-way, utility/highway construction operations and other issues may develop. Most disputes are generally resolved at administrative levels, by staff more directly involved in the day to day operations of highway/railroads/utilities functions. Therefore, dispute resolutions shall begin with official notification to the Railroads and Utilities Section Manager. If a dispute is not resolved at the Railroad and Utility Section Manager level, the utility shall submit a request for hearing within thirty (30) days of the Manager's decision. Within a reasonable time, taking into consideration the nature of the dispute, a hearing shall be scheduled by the Department and a hearing officer appointed to conduct the hearing. The hearing officer's decision shall be final and the findings and orders shall be documented and made available to the appropriate parties. Any party aggrieved by any order may appeal to the District Court of Santa Fe County for a review pursuant to NMSA 1978, Section 67-8-19, as amended. A dispute involving eligibility for reimbursement or the amount of such reimbursement shall not be grounds for a delay in making an ordered relocation. The utility must suffer the relocation as ordered, pending the resolution of the dispute.
N.M. Admin. Code § 17.4.2.26