N.M. Admin. Code § 18.3.8.10

Current through Register Vol. 35, No. 24, December 23, 2024

Section 18.3.8.10 - LEASE OR VOLUNTARY TRANSFER OF A CERTIFICATE

If a certificate holder seeks to lease all or part of its certificate, or to transfer its certificate, an application for certificate authorization, as described in 18.3.2 NMAC, must be submitted along with any required fee. Additional information is required as part of that application, as provided below, and the application may be contested by protest, objection, or by staff.

A.Lease of certificate information: An applicant for a lease of a certificate, in whole or in part, shall submit:

(1) whether the certificate will be leased in whole or in part, describing the part;

(2) a copy of the proposed lease, containing provisions specifying:

(a) that the proposed lease is not effective until approved by the department;

(b) the term of the lease providing specific dates or conditions.

B.Voluntary transfer of certificate information: An applicant for the permanent conveyance of a certificate, in whole or in part, shall also submit:

(1) whether the certificate will be transferred in whole or in part, describing the part;

(2) a notarized joint affidavit, executed by the transferor-applicant and the transferee-applicant, certifying that all accrued taxes, rents, wages of employees and all other indebtedness incident to the transferor-applicant's operations have been paid in full, or that the transferee-applicant will assume responsibility for paying them if they have not been paid in full.

C.Notice and hearing requirements: Once the application is complete and any fees received, the department must provide public notice of the application to provide an opportunity for the application to be challenged. The application shall receive a hearing only if intervenor status is granted in response to a timely objection or protest, or if the staff request a hearing. If after the notice period the application is uncontested, the department shall approve the application.

N.M. Admin. Code § 18.3.8.10

18.3.8.10 NMAC - Rp, 18.3.8.10 NMAC, 1-1-05; A, 9-1-08, Amended by New Mexico Register, Volume XXVI, Issue 03 February 13, 2015, eff. 2/13/2015, Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024