Current through Register Vol. 35, No. 6, March 26, 2024
In addition to the definitions contained in Sections
3-29-2,
8-8-2,
53-4-1,
53-6-3,
53-8-2,
53-11-2,
53-19-2,
53-20-2,
60-2C-2,
62-3-3,
62-14-2,
63-9-2,
63-9A-3,
63-9H-3,
65-2A-3,
65-6-2,
and
70-3-12
NMSA 1978, as used in this rule:
A.
Definitions beginning with "A":
(1)
advisory staff means persons
hired by the commission pursuant to Section
8-8-13 NMSA 1978,
but who do not represent staff in proceedings before the commission;
(2)
applicant means any party on
whose behalf an application is made for approval or authorization of the
commission.
B.
Definitions beginning with "B": [RESERVED]
C.
Definitions beginning with
"C":
(1)
chief
clerk means the person appointed by the chief of staff pursuant to
Section
8-8-5
NMSA 1978 to serve as director of the administrative services division pursuant
to Section
8-8-7
NMSA 1978 or the director of the administrative services division's
designee;
(2)
chief of
staff means the person appointed by the commission pursuant to Section
8-8-5
NMSA 1978;
(3)
commenter means a person who enters into the record of a
proceeding before the commission or presiding officer a comment on the grounds
of public or private interest, but who is not a party to the
proceeding;
(4)
complainant means a person who complains of anything done or
omitted to be done in violation of any law, rule, or order administered or
promulgated by the commission;
(5)
corporations means domestic and foreign corporations, limited
liability companies, cooperative associations, sanitary projects act
associations, water users associations, waterworks corporations, and foreign
business trusts as those terms are defined in Section
3-29-2 and Chapter
53, NMSA 1978, unless exempted by law from commission regulation.
D.
Definitions beginning
with "D":
(1)
date and time of
filing means, for an electronic filing, the date and time on the filing
transmittal email delivered to the records bureau email address; electronic
filings may be deemed filed at later date and time than the time on the filing
transmittal email in accordance with the procedures set forth in Paragraph (1)
of Subsection C of
1.2.2.10 NMAC.
For a hard copy filing, the date and time of filing is the date of the date
stamp affixed by the records bureau in accordance with Paragraph (2) of
Subsection C
1.2.2.10
NMAC.
(2)
document
means, except as otherwise used in the provisions of this rule governing
discovery, any submission in a formal proceeding, including pleadings, or which
is required to be filed by commission rule or order outside a formal
proceeding.
E.
Definitions beginning with "E":
(1)
electronic means relating to
technology having electrical, digital, magnetic, wireless, telephonic, optical,
electromagnetic or similar capabilities;
(2)
electronic signature means a
full, printed name of the person responsible for the electronic version of the
document by scanned or other electronic reproduction of the signature or by
typing in the signature line the notation "/s/" followed by the name of the
person signing the original document and including the email address of the
person signing;
(3)
electronic filingmeans the filing procedures for set forth in
1.2.2.10
NMAC.
F.
Definitions beginning with "F":
(1)
file, filed, or filingmeans
filing by electronic mail to the records bureau email address, unless otherwise
permitted by Subsections C and D of
1.2.2.10 NMAC,
and acceptance by the chief clerk or the clerk's designee;
(2)
fire marshal-regulated
entities means persons whose activities are regulated by the provisions
of Sections
59A-52-1
through
59A-52-25
NMSA 1978, or the Fireworks Licensing and Safety Act, Sections
60-2C-1
through
60-2C-11 NMSA
1978; this Paragraph shall be effective until June 30, 2021 at which time it
shall be deleted;
(3)
formal
proceedings means all matters other than rulemakings to which case
numbers are assigned and which are entered on the commission's docket for
decision by the commission.
G.
Definitions beginning with "G":
[RESERVED]
H.
Definitions beginning with "H":
hearing examiner
means a person employed by the commission as a hearing examiner, or a
commissioner or advisory staff member designated by the commission as the
hearing examiner to conduct any hearing or investigation which the commission
is authorized to conduct;
I.
Definitions beginning with "I": [RESERVED]
(1)
informal proceedings means
any matters handled outside a formal proceeding by the commission or its staff,
including informal complaints;
(2)
intervenor means a person permitted by the commission or presiding
officer to participate as a party in a proceeding pursuant to
1.2.2.23
NMAC.
J.
Definitions beginning with "J": [RESERVED]
K.
Definitions beginning with
"K":
L.
Definitions
beginning with "L": [RESERVED]
M.
Definitions beginning with "M":
mediator means a person assigned by the commission to facilitate
resolution of disputes pending informally or formally before the commission by
assisting parties in their communications and meetings, identification and
exploration of issues, and development of bases for agreements.
N.
Definitions beginning with
"N":
O.
Definitions
beginning with "O": [RESERVED]
P.
Definitions beginning with "P":
[RESERVED]
(1)
party means
a person who initiates a commission proceeding by filing an application,
petition or complaint, or whom the commission or presiding officer names as a
respondent, or whom the commission or presiding officer grants leave to
intervene; unless the context indicates otherwise, the term "party" may also
refer to counsel of record for a party; staff shall have the status of a party,
without being required to file a motion to intervene, but shall not have a
right to appeal;
(2)
petitioner means any party on whose behalf a petition is made for
approval, determination, consent, certification, or authorization of the
commission;
(3)
pleading means an application, petition, complaint, answer,
motion, response to motion, exception, or other formal written statement filed
in any formal proceeding;
(4)
presiding officer means a commissioner taking such actions as are
permitted under
1.2.2.29 NMAC
and
1.2.2.30
NMAC or the hearing examiner designated to preside over a proceeding;
(5)
proceeding means a formal
proceeding;
(6)
public
hearing means a portion of a proceeding, open to the public and
conducted by the commission or presiding officer, that affords an opportunity
to present such evidence, argument, or other appropriate matters as the
commission or presiding officer deems relevant or material to the
issues.
Q.
Definitions beginning with "Q.": [RESERVED]
R.
Definitions beginning with
"R":
(1)
records bureau email
address means prc.records@state.nm.us or another records bureau email
address, as set out on the commission's webpage;
(2)
regular business hours means
8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m. prevailing mountain time
Monday through Friday, excluding state holidays;
(3)
regulated entity means a
utility, telecommunications provider, motor carrier, fire marshal-regulated
entity (to be deleted on June 30, 2021), railroad, or owner or operator of gas
and hazardous liquid pipelines and underground facilities or one-call
notification system subject to the jurisdiction of the commission;
(4)
respondent means any party
against whom any complaint is filed or any party subject to the jurisdiction of
the commission to whom the commission issues notice instituting a proceeding,
investigation, or inquiry of the commission;
S.
Definitions beginning with "S":
staff means all persons, other than hearing examiners and advisory
staff, employed by the commission; and
T.
Definitions beginning with "T":
telecommunications provider shall have the meaning given in Paragraph
(2) of Subsection A of Section
63-7-23
NMSA 1978.
U.
Definitions
beginning with "U": unsworn affirmation means an unsworn affirmation in
lieu of a notarization pursuant to Paragraph (3) of Subsection A of
1.2.2.35
NMAC.
V.
Definitions
beginning with "V": [RESERVED]
W.
Definitions beginning with "W":
[RESERVED]
X.
Definitions beginning with "X": [RESERVED]
Y.
Definitions beginning with "Y":
[RESERVED]
Z.
Definitions beginning with "Z": [RESERVED]
