New Mexico Administrative Code
Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES
Chapter 12 - WATER SERVICES
Part 810 - PROCEDURES FOR REVIEW OF RATES PROPOSED BY WATER AND SANITATION DISTRICTS
Section 17.12.810.13 - RESPONSE TO PROTEST

A. No response to the substance of a protest filed with the commission is permitted except by leave of the commission or presiding officer.

B. The district whose proposed rates are being protested may challenge the validity of the protest petition within thirty (30) days of the filing of the petition. The challenge shall be made by motion conforming with the requirements of NMPSC Rule 110 [now 17.1.2 NMAC] and served upon each of the protestants. The motion shall be accompanied by affidavits and a brief in support of the motion which shall also be served upon the protestants.

C. If a protest is challenged by motion of the district made in accordance with Subsection B, the commission or presiding officer may direct the protestants to verify their status as taxpayer-electors of the district or otherwise establish the validity of the protest petition.

D. If the commission or presiding officer determines that the protest petition is invalid, such action will be taken as is deemed appropriate including, but not limited to, the dismissal of the protest.

E. If the commission dismisses, the protest the district's proposed rates may go into effect upon the dismissal, and the district will not be required to file the information and documents described in 17.12.810.14 NMAC.