N.M. Admin. Code § 20.1.6.401

Current through Register Vol. 35, No. 21, November 5, 2024

Section 20.1.6.401 - STAY OF COMMISSION REGULATIONS

A. Any person who is or may be affected by a rule adopted by the commission may file a motion with the commission seeking a stay of that rule or regulatory change. The motion shall include the reason for, and the legal authority supporting, the granting of a stay. The movant shall file and serve the motion in accordance with the requirements of Section 104 of this part at least 30 days before the meeting at which the commission will consider the motion. The commission chair will decide at which meeting the motion will be heard.

B. Unless otherwise provided by governing law, the commission may grant a stay pending appeal of any regulatory change promulgated by the commission. The commission may only grant a stay if good cause is shown after a motion is filed and a hearing is held.

C. In determining whether good cause is present for the granting of a stay, the commission, upon at least a two-thirds vote of the members voting shall consider:

(1) the likelihood that the movant will prevail on the merits of the appeal;

(2) whether the moving party will suffer irreparable harm if a stay is not granted;

(3) whether substantial harm will result to other interested persons; and

(4) whether harm will ensue to the public interest.

D. If no action is taken within 60 days after filing of the motion, the commission shall be deemed to have denied the motion for stay.

N.M. Admin. Code § 20.1.6.401

Adopted by New Mexico Register, Volume XXVIII, Issue 07, April 11, 2017, eff. 5/1/2017, Adopted by New Mexico Register, Volume XXIX, Issue 04, February 27, 2018, eff. 3/16/2018