New Mexico Administrative Code
Title 18 - TRANSPORTATION AND HIGHWAYS
Chapter 3 - MOTOR CARRIER GENERAL PROVISIONS
Part 8 - CHANGES IN CERTIFICATES AND PERMITS
Section 18.3.8.8 - TRANSFER BY OPERATION OF LAW OF A CERTIFICATE OR PERMIT

Universal Citation: 18 NM Admin Code 18.3.8.8

Current through Register Vol. 35, No. 6, March 26, 2024

This section shall apply whenever the ownership of, or interest in, a certificate or permit passes to another by operation of law, as upon inheritance, bequest, order in bankruptcy or insolvency, execution sale, repossession upon default in performance of the terms of a loan, lease or executory sales contract, or otherwise than by voluntary transfer.

A. Notice. A transferee by operation of law shall file a notice of transfer by operation of law with the commission as provided in 18.3.1.11 NMAC. The personal representative, executor, administrator, receiver, trustee, sheriff or other representative or successor-in-interest of the owner of the operating authority shall sign the notice of transfer by operation of law. The notice of transfer by operation of law shall contain:

(1) the name of the entity from whom the certificate of public convenience or necessity or permit was transferred;

(2) the circumstances resulting in the transfer by operation of law; and

(3) a certified copy of a court order or other document admissible as evidence pursuant to the New Mexico rules of evidence, establishing that the transfer by operation of law has occurred; if the document appears to meet these requirements, the commission shall find that the transfer by operation of law has occurred.

B. Which application appropriate.

(1) Disposal of certificate or permit. If the transferee by operation of law does not wish to continue providing transportation services under the certificate or permit, the transferee by operation of law shall apply for voluntary suspension of the certificate or permit in accordance with 18.3.8.11 NMAC for the period of time needed to dispose of the certificate or permit.

(2) Continued provision of transportation service. If the transferee by operation of law wishes to continue providing transportation services under the certificate or permit, the transferee by operation of law shall file an application containing the information required in Subsection E of 18.3.2.13 NMAC.

C. Director decision. If the director finds that the transferee by operation of law meets the requirements of this section, the director shall promptly issue a certificate or permit in the name of the transferee by operation of law.

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