New Mexico Administrative Code
Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES
Chapter 11 - TELECOMMUNICATIONS
Part 5 - REGISTRATION REQUIREMENTS FOR LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF NEW MEXICO
Section 17.11.5.11 - NOTICE OF PROPOSED AGENCY ACTION

The Commission shall set aside a certain day each month to hear a trailing docket which will contain items included in the notice of proposed agency action. The notice of proposed agency action shall be issued at least thirty days prior to the hearing. The commission's chief clerk shall cause the notice of proposed agency action to be published in a newspaper of general circulation and to be sent to a service list designated for that purpose. A person contesting the proposed agency action must file a written objection to the proposed agency action specifying the basis for such objection with the commission's chief clerk within ten business days of the issuance of the notice of proposed agency action. An original and five copies of the objection must be filed with the commission's chief clerk and the objection must also be served upon the applicant seeking a certificate of financial and technical competency. The person contesting the issuance of the certificate of financial and technical competency must state with particularity the basis for the objection. The hearing officer shall determine whether there is probable cause for further commission consideration of the applicant's financial and technical competency to provide local exchange services or if the objection should be dismissed, and the certificate of financial and technical competence issued. Upon a showing of probable cause and at the discretion of the hearing officer, a separate docket subject to notice and hearing requirements contained in the commission's rules of procedure may be established for further commission consideration of the contested matter.