New Mexico Administrative Code
Title 18 - TRANSPORTATION AND HIGHWAYS
Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS
Part 2 - OPERATING AUTHORITIES
Section 18.3.2.25 - TEMPORARY AUTHORITY
Current through Register Vol. 35, No. 6, March 26, 2024
A. Grant discretionary. Pursuant to Section 65-2A-11 NMSA 1978 the commission may, in its discretion, but is not required to, grant temporary authority to a person applying for a certificate or permit, amendment of a certificate or permit or for lease or transfer of all or part of a certificate if it finds that the applicant meets the requirements of Section 65-2A-11 NMSA 1978. An application for temporary authority shall be made on the form prescribed by the director.
B. Original or amended authority. If the application for temporary authority is made in connection with an application for an original certificate or permit, lease or transfer of all or part of a certificate or permit or for amendment of a certificate or permit, the commission shall not grant temporary authority unless:
C. Public safety, a governmental program, or a specific public event. The commission deems that ambulance service directly involves public safety and that nonemergency medical transportation service directly involves a governmental program. The commission shall not grant temporary authority for any transportation service except ambulance and nonemergency medical transportation unless the applicant files at least five affidavits from non-party persons stating the specific governmental program, specific public event or specific threat to public safety that the application addresses and stating how granting the application for temporary authority will address the public's immediate need for the service.
D. Procedure and notice. During the notice period, in ruling on an application for temporary authority, the commission shall not consider any objections, protests or other filings made by any protestor or third party. The notice period for any application for a temporary authority shall last until the commission appoints a hearing examiner or 20 days, whichever is longer. If the commission does not rule on an application for temporary authority before the expiration of the notice period, the application shall be deemed denied. After the expiration of the notice period, and provided a hearing has not already been held, the applicant or any protestor may request a hearing on either the grant or denial of the application for temporary authority by complying with all of the following procedures.
E. Director's certification. The director shall certify to the commission that the application contains the required information and documents and that the required affidavits and fee have been filed, and shall make a recommendation to the commission as to whether or not it should grant the temporary authority.