N.M. Admin. Code § 17.11.4.17

Current through Register Vol. 35, No. 23, December 10, 2024
Section 17.11.4.17 - NOTICE OF PROPOSED AGENCY ACTION

The Commission shall set aside a certain day each month to hear a trailing docket which will contain items included in the notice of proposed agency action. The notice of proposed agency action shall be issued at least thirty days prior to the hearing. The commission's chief clerk shall cause the notice of proposed action to be published in a newspaper of general circulation and to be sent to a service list designated for that purpose. A person contesting the proposed agency action must file a written objection to the proposed agency action specifying the basis for such objection with the commission's chief clerk within ten business days of the issuance of the notice of proposed agency action. An original and five copies of the objection must be filed with the commission's chief clerk and the objection must also be served upon the reseller or operator services provider seeking a certificate of registration. The person contesting the certification of the reseller or operator services provider shall have the burden of showing why the proposed agency action is not in the public interest. The hearing officer shall determine whether there is good cause for further commission consideration of the contested matter or if the objection should be dismissed and the certificate of registration issued. Upon a showing of good cause and at the discretion of the hearing officer, a separate docket subject to notice and hearing requirements contained in the commission's rules of procedure may be established for further commission consideration of the contested matter.

N.M. Admin. Code § 17.11.4.17

11-15-96; Recompiled 12/31/01