New Mexico Administrative Code
Title 18 - TRANSPORTATION AND HIGHWAYS
Chapter 9 - REGULATORY PROCEDURES
Part 1 - GENERAL PROVISIONS - HEARINGS
Section 18.9.1.9 - ELECTRONIC FILING AND SERVICE OF PLEADINGS

Universal Citation: 18 NM Admin Code 18.9.1.9

Current through Register Vol. 35, No. 18, September 24, 2024

A. Electronic filing required: All filings must be submitted electronically in PDF format to the records bureau. The hearing examiner may require that any document filed in PDF be additionally supplied directly to hearings or parties in the document's native format.

B. Fees: A pleading will not be filed until payment of any required fee, as identified in Rule 18.3.5 NMAC, is electronically or physically received by the records bureau.

C. Public disclosure and protection of information: All records submitted, created or held by the department are subject to public disclosure with certain exceptions, as provided by law. Unauthorized or damaging public disclosure of sensitive information is avoided as follows:

(1) Redaction requirements: Unless critical to a determination of the issues at hearing, all confidential information shall be redacted by blacking out only the affected text prior to the submission of any filing;

(2) Protective order: When confidential, sensitive and protected information is critical to the determination of the issues at hearing, a motion for protective order shall be filed along with a redacted version of the document. The request shall provide any legal basis and state with particularity the injury which may result from the disclosure of that information. The hearing examiner shall determine the extent and the manner in which that information is required to be disclosed.

D. Identifying information and signature required: The submitting party must include their name, business name and operating authority numbers as applicable, email address and telephone number, as well as their electronic or scanned signature on each filing.

E. Prompt service required: A true and correct copy of all documents filed in a proceeding shall be promptly served, by email if available, upon all parties and persons (or their attorney representative) identified on the official service list issued by the hearing examiner. If an official service list has not yet been issued for the docket, then service must be made on all known interested parties, including staff.

F. Certificate of service required: A certificate of service listing the name each person or entity served, email or physical address used for service, and date of service shall accompany each petition submitted for filing.

G. Rejection: Documents not in substantial compliance with these rules may be rejected by the records bureau or hearing examiner. Rejected documents may be amended for compliance and refiled within 24 hours after the rejection, or within the prescribed filing timeframe. Rejected filings shall not be included in the record or be considered in the final order.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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