N.M. Admin. Code § 20.1.6.200

Current through Register Vol. 36, No. 1, January 14, 2025

Section 20.1.6.200 - PREHEARING PROCEDURES - PETITION FOR REGULATORY CHANGE

A. Any person may file a petition with the commission to adopt, amend, or repeal any regulation within the jurisdiction of the commission.

B. The petition shall be in writing and shall include a statement of the reasons for the regulatory change. The petition shall cite the relevant statutes that authorize the commission to adopt the proposed rules and shall estimate the time that will be needed to conduct the hearing. A copy of the entire rule, including the proposed regulatory change, indicating any language proposed to be added or deleted, shall be attached to the petition. The entire rule and its proposed changes shall be submitted to the commission in redline fashion, and shall include line numbers. Any document that does not include all the items required to be in a petition shall be returned to the petitioner along with a copy of these rules and a check-off list of required items, and the petitioner will be asked to resubmit their petition in the form required by these rules.

C. The commission shall determine, at a public meeting occurring no later than 90 days after receipt of the petition, whether or not to hold a public hearing on the proposal. Any person may respond to the petition either in writing prior to the public meeting or in person at the public meeting.

D. If the commission determines to hold a public hearing on the petition, it may issue such orders specifying procedures for conduct of the hearing, in addition to those provided by this part, as may be necessary and appropriate to fully inform the commission of the matters at issue in the hearing or control the conduct of the hearing. Such orders may include requirements for giving additional public notice, holding pre-hearing conferences, filing direct testimony in writing prior to the hearing, or limiting testimony or cross-examination.

N.M. Admin. Code § 20.1.6.200

Adopted by New Mexico Register, Volume XXVIII, Issue 07, April 11, 2017, eff. 5/1/2017, Adopted by New Mexico Register, Volume XXIX, Issue 04, February 27, 2018, eff. 3/16/2018