New Mexico Administrative Code
Title 18 - TRANSPORTATION AND HIGHWAYS
Chapter 9 - REGULATORY PROCEDURES
Part 1 - GENERAL PROVISIONS - HEARINGS
Section 18.9.1.7 - DEFINITIONS
Current through Register Vol. 35, No. 18, September 24, 2024
A. "Applicant" means any party on whose behalf an application is made for approval or authorization of the department.
B. "Calendar days" means that the time period shall be counted as follows: the day of the event that triggers the period shall be excluded.
all intermediate days shall be counted, including the weekend and legal holidays; and the last day of the period shall be counted. However, if the last day is a weekend or legal holiday then the period is extended to the next business day.
C. "Commentor" means a person other than a party who provides a statement for consideration on the grounds of a public or private interest.
D. "Complainant" means a person who complains of anything done or omitted to be done in violation of any law, rule, or administrative order;.
E. "Confidential information" means information that is personally sensitive or protected by law, and includes driver's license numbers, taxpayer identification numbers, social security numbers, dates of birth, health treatments or diagnoses, and financial account numbers.
F. "Date and time of filing" means the date and time on the electronic mail transmittal that is received by the records bureau with a request for filing services.
G. "Department" means the New Mexico department of transportation.
H. "Director" means the supervisor of the compliance unit staff tasked with assessing the compliance of transportation services regulated by the department.
I. "Electronic signature" means a full, printed name of the person responsible for the electronic version of the document by scanned or other electronic reproduction of the signature or by typing in the signature line the notation "/s/" followed by the name of the person signing the original document accompanied by the email address of the person signing.
J. "File, filed, or filing" means the electronic mail submission to the department's records bureau with a request for filing services.
K. "Hearing examiner" means a person employed or designated by the department as the official tasked with conducting an administrative hearing and recommending a decision.
L. "Intervenor" means a person authorized by law or permitted by the hearing examiner to participate as a party in an administrative hearing.
M. "Order" means a directive, determination or ruling on a disputed matter issued by the department.
N. "Party" means a person who initiates a proceeding by filing a petition or complaint, a respondent to a filed petition or complaint, any person granted leave to intervene in a matter, and staff.
O. "Petitioner" means any party on whose behalf a petition is made for a determination or action by the department.
P. "Pleading" means a petition, complaint, answer, motion, response, exception, or other formal written statement filed in a proceeding.
Q. "Hearing" means a public proceeding conducted by a hearing examiner, that affords an opportunity for parties to present evidence, testimony and argument as are deemed relevant or material to the disputed issues.
R. "Respondent" means any party against whom any complaint is filed or any party subject to the department's jurisdiction to whom a notice is issued instituting a proceeding or investigation.
S. "Secretary" means the secretary of the department.
T. "Staff" means persons employed by the department to assess the compliance of motor carrier and transportation network services subject to the jurisdiction of the department.