Current through Register Vol. 35, No. 18, September 24, 2024
A.
Reconsideration. The filer or any other party aggrieved by the
superintendent's final order deciding the issues following a hearing, or
refusing to grant a hearing, pursuant to13.8.2.12 NMAC, may, in addition to
other remedies provided by law, move for reconsideration, stating in detail the
basis therefor. Any motion for reconsideration shall be filed within fifteen
days of the superintendent's final order, and is barred thereafter. A motion
for reconsideration is an optional remedy, and need not be exhausted as a
condition of further administrative appeal.
B.
Appeal. The filer or any
party aggrieved by the superintendent's final order deciding the issues
following hearing, or refusing to grant a hearing, pursuant to 13.8.2.12 NMAC,
may request a review by the public regulation commission pursuant to this
section.
(1) Following exhaustion of any right
to hearing before the superintendent, the filer or any other aggrieved party
may request the public regulation commission to review any final order of the
superintendent made pursuant to13.8.2.12 NMAC.
(2) Every such request for review shall be
made within thirty days after the superintendent's final order, and is barred
thereafter; provided, that if a motion for reconsideration is timely filed with
the superintendent, a request for review shall be made within thirty days after
the date the motion is filed.
(3)
The public regulation commission's review shall be on the record before the
superintendent, unless the public regulation commission in its discretion deems
it necessary or appropriate to supplement the evidence through public hearing
or otherwise; provided, that the scope of review shall be limited to the issues
raised before the superintendent; and further provided, that the public
regulation commission may summarily affirm or reverse the superintendent
without hearing.
(4) Every request
for review shall state with particularity the grounds upon which review is
sought, and shall itemize each alleged error with citations to the applicable
portions of the official record. If the transcript of record is not available
despite appellant's prompt request therefor, citations shall be filed within
ten days after the transcript first becomes available in substantially complete
form. In any event, the request for review, with or without record citations
must be timely filed within the time period specified in Paragraph (2) of
Subsection B of 13.8.2.13 NMAC.
(5)
The costs of transcribing the record shall be borne by the appellant.
