New Mexico Administrative Code
Title 18 - TRANSPORTATION AND HIGHWAYS
Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS
Part 2 - OPERATING AUTHORITIES
Section 18.3.2.12 - REVIEW AND ISSUANCE
Current through Register Vol. 35, No. 18, September 24, 2024
Applications are complete once all the information and documentation required is submitted and the requisite fees are received. Applications must be complete prior to the noticing and consideration by the department. Completed applications are reviewed for legal compliance. The applicant shall be notified of any deficiencies and given an opportunity to submit corrections. Operating authorities are issued in the company or sole proprietor's name and not in the trade or "doing business as" name.
A. Warrants: A warrant will generally be issued once a completed application is determined to satisfy all legal requirements. For a towing service seeking to provide non-consensual tows, the proposed tariff must be approved by the department prior to issuance of the warrant.
B. Certificates: A certificate (new, amended, lease or transfer) will generally be issued after the notice period only if the completed application is uncontested and determined to satisfy all legal requirements. A certificate for passenger services may be delayed, modified, or not issued if the application is contested during the notice period since the department is required to consider the issues. Furthermore, some issues may require a full hearing for proper consideration. If an application is contested and the issue is set for a hearing, the applicant may apply for a temporary authority to provide services until the hearing process is concluded and the department issues a determination.