N.M. Admin. Code § 19.2.15.10

Current through Register Vol. 35, No. 23, December 10, 2024

Section 19.2.15.10 - INITIATING A CONTEST

A. By written petition. Subject to the hearing officer's ability to allow amendment of the petition for failure to comply with the requirements of form set out below when it appears to the hearing officer that the petition sets out a good faith claim, a contest shall be initiated by written petition, sent by certified or registered mail to the commissioner, which shall contain the following:

(1) As set out in the example (2) below, the caption shall designate the subject matter in reference to the lease, contract, easement, right of way, grant, conveyance, or other instrument which forms the basis of the petitioner's claims.

(2) The caption will also designate the petitioner by full name as such, then the respondent, if any, shall be designated by full name as such. A place should be provided for the proceeding to be numbered. The title shall be bolded and underlined. In the case of a contest over a grazing lease, for example, the caption should appear as follows:

Before the Commissioner of Public Lands

In Re State Land Office Grazing Lease No. GX-0000

Mr. And Mrs. A.B., petitioner

v Contest No. _________

X. Corp., respondent

Petition for Contest

(3) the name, mailing and e-mail addresses, telephone and fax numbers of the petitioner and of each respondent in the contest proceeding;

(4) a legible copy of the instrument or instruments which form the basis of the claim in issue;

(5) the aliquot description, by subdivision, section, township and range, of the land or lands in issue;

(6) a concise, complete statement of the claim or claims of the petitioner;

(7) a concise, complete statement of the facts giving rise to the claim or claims in issue;

(8) a statement of the relief being requested as to each claim; and

(9) a sworn statement that a copy of the "foregoing petition" has been sent to the commissioner and to all respondents by registered or certified mail, and the date when sent.

B. By show cause order. A contest may be initiated by the commissioner's show cause order sent by certified or registered mail. The show cause order shall contain the following:

(1) As set out in the example (2) below, the caption shall designate the subject matter in reference to the lease, contract, easement, right of way, grant, conveyance, or other instrument which forms the basis of the commissioner's claims.

(2) The caption will also designate the respondent by full name as such. The title shall be bolded and underlined. A place should be provided for the proceeding to be numbered. In the case of a show cause order issued in connection with a business lease for example, the caption should appear as follows:

Before the Commissioner of Public Lands

In Re State Land Office Business lease No. BL-0000

Contest No. ___________

X Corp., respondent

Show Cause Order

To Mr. A.B., for X Corporation, respondent;

(3) the name, mailing and e-mail addresses, telephone and fax numbers of the respondent;

(4) a legible copy of the instrument or instruments which form the basis of the show cause order;

(5) the aliquot description, by section, township and range, of the land or lands in issue;

(6) a concise, complete statement of the basis of the show cause order;

(7) a concise, complete statement of the facts giving rise to the show cause order;

(8) a statement of the final decision proposed by the commissioner; and

(9) a statement that a copy of the show cause order has been sent to the respondent by registered or certified mail, and the date when sent.

C. In the case of a contest initiated by a petition, within 10 days of the receipt of a contest petition, the commissioner will give, to the petitioner and any identified respondents, a contest notice stating whether the petition sets out sufficient cause for contest within the scope of this Part 15. The commissioner may reject a contest petition because the requisite agency determination has not been obtained, because the petition states a clearly spurious claim, because the petition is filed as an abuse of process, or because the matters alleged are too complex for an administrative determination or involve too many or unrelated parties. An adverse contest notice, one denying the petition, is an appealable decision of the commissioner. In the case of a contest initiated by show cause order, the show cause order itself shall be the contest notice.

D. Within 30 days of the date of the written notice in Subsection C of 19.2.15.10 NMAC above, each respondent shall submit to the commissioner, also by certified mail, a response, in the form provided for in Paragraph (2) of Subsection A or Paragraph (2) of Subsection B of 19.2.15.10 NMAC above, which shall set forth:

(1) the name, mailing and e-mail addresses, and telephone and fax numbers of each person or entity whom it is believed should be included in the contest, if not already named, and a statement of the basis for such belief;

(2) legible copies of any other instruments that are thought to be relevant to the contest;

(3) a concise, complete statement of the defenses to the claim, of what it is believed should be the disposition of the petitioner's claim, and of any additional cross-claim or counter-claim to be made in connection with the same issues and the relief being requested;

(4) a concise, complete statement of any relevant, additional facts not offered by the petitioner(s) in their petition or not offered by the commissioner in the show cause order; and

(5) a summary of the arguments and authorities supporting the defenses or claims.

E. Subject to the hearing officer's ability to allow amendment of the response for failure to comply with the requirements of form set out above when it appears to the hearing officer that the response is made in good faith, failure to respond, within the time and in the form required in Subsection D of 19.2.15.10 NMAC above, without having first obtained an extension of time to do so by written request directed to and granted by the commissioner, will be deemed a default, and will result in the issuance of a decision of the commissioner.

F. Upon concurrence of the parties, or upon the commissioner's own determination that circumstances require it, the commissioner may shorten or lengthen the times allowed.

N.M. Admin. Code § 19.2.15.10

19.2.15.10 NMAC - N, 06/30/04, Amended by New Mexico Register, Volume XXX, Issue 11, June 11, 2019, eff. 6/11/2019