N.M. Admin. Code § 18.3.2.13

Current through Register Vol. 35, No. 22, November 19, 2024

Section 18.3.2.13 - CONTESTED CERTIFICATE APPLICATIONS

During the notice period, an application for a certificate (including for amendment, lease or transfer) for passenger services may be contested by protest or objection, or by the department if staff require a hearing on the application.

A.Protests. Only full service carriers may file a protest of a certificate application. A protest is deemed denied if it is not submitted with the requisite fee during the notice period. A protest must include:

(1) a copy of the protestor's full service operating authority;

(2) a description of how the proposed service territory in the certificate application overlaps with the protestor's existing certificated service territory; and

(3) if the protestor is not an ambulance service, a reasonable description of the potential adverse impact the granting of the certificate application would have on the existing provision of full service passenger services to the public within the protestor's full service territory;

(4) a protesting carrier meeting these requirements may proceed to a hearing on the application as an intervenor;

(5) if a protesting carrier withdraws the protest, withdraws as an intervenor or fails to appear at the hearing, the application shall be processed as an uncontested application.

B.Objections: Anyone may file an objection to, or offer information regarding, a certificate application during the notice period. The department is not required to, but may, hold a hearing on a timely objection.

N.M. Admin. Code § 18.3.2.13

18.3.2.13 NMAC - Rp, 18.3.2.11 NMAC, 1-1-05, Amended by New Mexico Register, Volume XXVI, Issue 03 February 13, 2015, eff. 2/13/2015, Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024