New Mexico Administrative Code
Title 18 - TRANSPORTATION AND HIGHWAYS
Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS
Part 2 - OPERATING AUTHORITIES
Section 18.3.2.16 - CONTESTED APPLICATIONS

A. If a full service carrier files a protest in an application for an original certificate for passenger service or for a permit for ambulance service or for passenger service pursuant to a public-charge contract or for amendment, lease or transfer of such a certificate or permit, or the director requests a hearing, the commission shall appoint a hearing examiner. The protest shall state how the service territory in the application overlaps with the full service carrier's territory and, except for ambulance service carriers, shall state how the grant of the application will, or presents a reasonable potential to, impair, diminish or otherwise adversely affect its existing provision of full-service passenger service to the public within its full-service territory. If a protester fails to submit the fee required by Section 65-2A-36 NMSA 1978 at the time the protestor files the protest, the protest will be deemed denied. If the protestor does not file the fee within the notice period, the protest is deemed denied.

B. The hearing examiner shall, within 30 days of appointment, issue a notice of hearing setting a hearing on the merits to be held within 90 days from the date of appointment. Also within 30 days of appointment, the hearing examiner shall make a determination as to whether any filed protests comply with Subsection (A) of 18.3.2.16 NMAC. The hearing examiner may for good cause extend the time within which a hearing on the merits must be held.

C. A person filing an objection will not be granted intervenor status unless the person also files a motion to intervene that complies with 1.2.2.23 NMAC. The hearing examiner shall consider a motion to intervene in accordance with 1.2.2.23 NMAC with the exception that, if the motion to intervene is not acted upon by the date the hearing examiner issues a notice of hearing, the motion to intervene is deemed denied.

D. If the commission or hearing examiner denies all protests and motions to intervene or all intervenors withdraw at any time, and staff and the commission or hearing examiner do not object, the commission or hearing examiner shall recommend to the commission that the application be reassigned to staff and processed as an uncontested application.

E. The hearing examiner shall issue a recommended decision within 45 days of receipt of the transcript of hearing, or completion of the briefing schedule, whichever is later. The hearing examiner may for good cause extend the time within which a recommended decision must be issued.