New Mexico Administrative Code
Title 1 - GENERAL GOVERNMENT ADMINISTRATION
Chapter 2 - ADMINISTRATIVE PROCEDURES
Part 2 - PUBLIC REGULATION COMMISSION RULES OF PROCEDURE
Section 1.2.2.24 - PROCEDURAL ORDERS
Universal Citation: 1 NM Admin Code 1.2.2.24
Current through Register Vol. 35, No. 6, March 26, 2024
A. Contents: In rate cases and in other proceedings as may be appropriate, the commission or presiding officer shall issue a procedural order or orders setting forth:
(1) any deadlines the
commission or presiding officer may set for the completion of
discovery;
(2) deadlines for the
filing of staff and intervenor testimony;
(3) any requirements for the filing, service,
or presentation of pleadings, discovery requests, discovery responses,
testimony, exhibits, or other documents in electronic form; in all instances
written or electronic submissions shall be filed in accordance with the
requirements of this rule and other applicable commission rules, unless
otherwise ordered by the commission or presiding officer;
(4) procedures for the prompt argument and
disposition of procedural and discovery motions appropriate to the proceeding;
these procedures may, notwithstanding the provisions of this rule governing
motions, include a shortened time for written responses to motions, the use of
oral argument in lieu of written responses, or other mechanisms to expedite the
decision-making process;
(5) the
date, time, and place of any pre-hearing conference;
(6) the date, time, and place of the public
hearing on the merits; and
(7) any
other relevant dates.
B. Modification of procedural orders: The commission or presiding officer may modify procedural orders on their own motion or on motion of staff or a party when necessary.
C. Notice of public hearing:
(1)
Reasonable notice shall be given to all parties of the time and place of every
public hearing scheduled by the commission or presiding officer.
(2) The commission or presiding officer may
require that public notice also be given. When public notice is required, it
shall be published in a newspaper having general circulation in the area
affected by the filed pleadings at least twenty (20) days prior to the date of
the public hearing, unless otherwise provided by rule, or if the commission or
presiding officer finds that circumstances warrant shorter notice. The party
who is required to publish notice shall cause to be filed, on or before the
date of public hearing, an affidavit of publication of a responsible officer of
the newspaper making such publication. The party required by the commission or
presiding officer to publish the notice shall bear the cost of such
publication.
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