N.M. Admin. Code § 19.2.15.7

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

Section 19.2.15.7 - DEFINITIONS

A."Agency determination" means a written determination, by the commissioner or the commissioner's designee, regarding a final action or decision taken by the commissioner through a state land office department or division, which action adversely and materially affects a person's right, title, interest or priority of claim in or to trust lands or resources, and which arises from, or in connection with, a lease, contract, easement, right of way, grant, conveyance, or any other instrument executed by the commissioner or the commissioner's designee.

B."Commissioner" means the commissioner of public lands, or a person fully authorized to act in the commissioner's stead. References to the commissioner as a participant in the contest proceedings shall mean the state land office department or division responsible for the agency determination at issue, or on behalf of which, a show cause order is issued.

C."Contest" means the administrative hearing at which a decision of the commissioner, as defined herein, is made regarding a show cause notice of the commissioner or a petition contesting an agency determination.

D."Contest notice" means notification of the occurrence or denial of a contest issued by the commissioner.

E."Decision of the commissioner" means the final decision rendered by order of the commissioner at the conclusion of a contest pursuant to this Part 15. A decision of the commissioner as such is any "decision" "ruling" or "order" under Chapter 19, NMSA 1978 appealable to a district or higher court, including any such decision of the commissioner so referred to in Sections 19-7-8, 19-7-17, 19-7-67, 19-10-22, and 19-10-23 NMSA 1978. A decision of the commissioner is the "final decision or order of an agency" as used in Rules of Civil Procedure for the District Court, Rule 1-074C NMRA 2004. A decision of the commissioner is a "final decision" as that term is used in Paragraph (2) of Subsection H of 39-3-1.1, NMSA 1978.

F."Hearing officer" means the person appointed by the commissioner to conduct the contest.

G."Petitioner" means the person initiating a contest by petition; in the case of a show cause proceeding there will be no petitioner.

H."Respondent" means any party to a contest initiated by petition, other than the petitioner or the commissioner; in the case of a show cause proceeding the person(s) to whom the show cause order is directed shall be the respondent(s).

I. "Schedule of fees" means a list of fees that must be paid for performance of certain administrative functions. The schedule of fees shall be published on the state land office website and is subject to change at the discretion of the commissioner. Unless otherwise noted in the schedule of fees or in this rule, the fee shall be non-refundable.

J."Scheduling order" means an order issued by the hearing officer that sets the date, time and place of the contest; establishes the order and timing of all pre-hearing matters, such as discovery and briefing; may establish whether procedures in addition to those provided for in this Part 15 shall be provided; and may provide for such other related matters as the hearing officer deems necessary. Under appropriate circumstances, the scheduling order may be amended by the hearing officer within a reasonable time after issuance.

K."Show cause order" means an order issued by the commissioner, pursuant to Section 19-7-8 NMSA 1978 or otherwise as may be permitted, directing a party or parties to show cause, if any, why a particular agency action should not be taken or made final. The show cause order will state the place and time of the contest hearing. A show cause order is an agency determination.

L."Trust lands or resources" means those lands, their natural products or water rights, and other assets derived from them, which are under the care, custody, and control of the commissioner.

N.M. Admin. Code § 19.2.15.7

19.2.15.7 NMAC - N, 06/30/04, Amended by New Mexico Register, Volume XXVII, Issue 12, June 30, 2016, eff. 6/30/2016, Amended by New Mexico Register, Volume XXX, Issue 11, June 11, 2019, eff. 6/11/2019