N.M. Admin. Code § 19.25.2.10

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

Section 19.25.2.10 - HEARING UNIT DOCKET AND FEES

A. Docketing procedures. The hearings unit shall maintain a docket of matters to be heard and a hearing calendar. Upon receipt of a docketing request from the ALU, the hearings unit administrator shall assign a hearing examiner and a docket number. The hearings unit administrator or the hearing examiner shall issue a notice that:

(1) shall advise the parties of the docketing of the matter, the hearing number and caption, and procedural requirements concerning filing and service of documents with the hearings unit, including electronic service and posting of documents;

(2) shall set a deadline for the applicant and all protestants to pay any required hearing fee;

(3) may set a deadline for all protestants to identify in writing, by OSE file number or other description, all water rights under the protestant's ownership or control that may be adversely affected by the application, including a description of the affected water right(s) that specifies the place and purpose of use, amount of water placed to beneficial use, point of diversion and the water source (aquifer or stream) by name, and priority date, together with a statement explaining how the protestant will be substantially and specifically affected by the granting of the application;

(4) may set a date and time for a scheduling conference to be held, no earlier than 10 business days after the deadline for payment of fees and identification of affected water rights;

(5) may direct one or more parties to file and serve on all other parties a proposed date for scheduling conference and a proposed pre-hearing order that includes proposed procedural dates for discovery, motions and hearing, identifies all issues the party proposes to address at hearing, and sets forth the party's position on each known or anticipated issue; and

(6) may include a draft form of scheduling order and hearing instructions for parties.

B. Hearing fees. Pursuant to NMSA 1978, Section 72-2-6(J), the state engineer shall require a nonrefundable payment of twenty-five dollars ($25.00) from an applicant and from each protestant.

C. Copying and other fees. The hearings unit may impose fees for copying papers, testimony, or records as are reasonable, in accordance with Section 72-2-6 and based on charges set by the state records center for similar types of copies. The hearing examiner shall order that costs associated with the issuance of any subpoena, as further described by this rule, be borne by the requesting party.

D. Failure to comply with fee or docketing requirements. If an applicant fails to make the payment as required, the hearing examiner shall deny the application and dismiss the docket. If a protestant fails to make the payment as required, the protest shall be dismissed by the hearing examiner. Failure to comply with any other docketing requirement may result in dismissal of an application or a party from the proceedings, the exclusion of information or issues at hearing, or other limitation as determined by the hearing examiner.

E. Inactive dockets. If a matter docketed for hearing has been inactive for six months, the hearing examiner may place the case on the hearings unit's inactive docket, and the hearings unit administrator shall maintain a separate docket list for inactive cases. If a matter placed on the inactive docket has not had any activity for six months thereafter, the hearing examiner, after notice to the parties, may deny the application. In no event shall any matter remain on the inactive docket for more than 12 months without an order so specifying from the hearing examiner.

N.M. Admin. Code § 19.25.2.10

19.25.2.10 NMAC - Rp, 19 NMAC 25.2.13, 8-30-2013