N.M. Admin. Code § 18.3.6.13

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

Section 18.3.6.13 - NOTICE, REVIEW AND DETERMINATION

A.Notice period: The department shall issue notice of a completed application for tariff change with a copy of the proposed tariff. The notice period is 19 calendar days after a completed application is filed with the department, excluding the day of filing, and including weekends and holidays. If the last day is a weekend or holiday, then the notice period ends on the next business day.

B.Review: No protest or objection is permitted or considered in response to a tariff change application. A hearing on a proposed tariff rate increase may be either requested by the applicant or required by the department during the notice period to further consider the lawfulness or reasonableness of the proposed rate increase. If a hearing is initiated, the motor carrier may apply for temporary authority to increase rates during the period of consideration and until the department issues a determination on the tariff change application.

C. Determination:

(1)Approved by default: If no hearing is initiated for the purpose of reviewing a proposed tariff rate increase, a tariff change shall be approved by default and become effective 20 days after the date that the completed application was filed with the department.

(2)Final decision: If a hearing is initiated on the tariff change application, or if a complaint is received that requires an investigation of the applicant's existing or proposed tariff, a determination will be delayed for further consideration and required proceedings. Following such administrative proceedings, a final written determination shall be issued to approve, deny, or modify the proposed tariff as provided by law.

N.M. Admin. Code § 18.3.6.13

Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024