Current through Register Vol. 35, No. 6, March 26, 2024
(See
18.60.4.11
NMAC for matters involving owners and operators of gas and hazardous liquid
pipelines and underground facilities, excavators, and one-call notification
systems.)
A. An individual may appear
as a party in person or by an attorney licensed to practice law in New Mexico
at either informal or formal proceedings.
B. Entities other than an individual may
appear as a party at informal proceedings by an officer or employee of the
entity.
C. Commenters may appear in
person or by an attorney at any proceeding.
D. Except as provided in this section,
entities other than an individual must be represented by an attorney licensed
to practice law in New Mexico at all formal proceedings.
E. An attorney licensed in a jurisdiction
other than New Mexico may appear at public hearings before the commission or
presiding officer provided such non-resident attorney files a motion
pro hac vice and is associated with and accompanied by an
attorney licensed in New Mexico.
F.
The following entities may be represented at all formal proceedings as
provided:
(1) if the party is the United
States, it may be represented as provided in 40 U.S.C. Section 481(a)(4) and
486(d);
(2) if the party is an
association of residential customers of an investor-owned public utility or an
association of residential members of a rural electric cooperative, it may be
represented by an officer or employee thereof who has been authorized to appear
on behalf of the association;
(3)
if the party is a class C or class D water utility as defined in General
Provisions for Water Utilities, 17.12.1 NMAC, or is a sewer utility subject to
the requirements of procedures for review of rates proposed by sewer utilities
having annual operating revenues averaging less than $500,000 over any
consecutive three-year period, 17.13.970 NMAC, and:
(a) if such a water or sewer utility is a
corporation or LLC whose voting shares are held by a single shareholder or
closely knit group of shareholders all of whom are natural persons active in
the conduct of the business, it may be represented by an officer or general
manager who has been authorized to appear on behalf of the corporation,
or;
(b) if such a water or sewer
utility is a general partnership; and the partnership has fewer than ten
partners, whether limited or general, except that a husband and wife are
treated as one partner for this purpose; and all partners, whether limited or
general, are natural persons; it may be represented by a general partner who
has been authorized to appear on behalf of the general partnership;
(4) if the party is a water and
sanitation district governed by the Water and Sanitation District Act, Section
73-21-1
NMSA 1978 et seq., it may be represented by an officer or
employee of the water and sanitation district who has been authorized by the
water and sanitation district to appear on its behalf;
(5) if the party is a utility submitting an
application relating to securities pursuant to Subsection B of Section
62-6-8 NMSA
1978, it may be represented by an officer or employee of the utility who has
been authorized by the utility to appear on its behalf; however, upon a finding
by the commission or the presiding officer that there is good cause to hold a
public hearing on such an application, the applying utility shall be
represented in that proceeding by an attorney licensed to practice law in New
Mexico.
G. The
commission or presiding officer may require any person claiming to represent
any other person or entity as allowed by this rule to provide such verification
or corroboration of their claimed representational authority as the commission
or presiding officer may deem necessary.
H. Nothing in this rule shall be construed to
prohibit a party from being represented in a formal proceeding by an attorney
licensed to practice law in New Mexico when such representation is desired by a
party or is required by law.
