. . . .
{20} Agencies are created by statute, and limited to the power and authority expressly granted or necessarily implied by those statutes. PNM Elec. Servs. v. Pub. Util. Comm'n, 1998-NMSC-17, ¶ 10, 125 N.M. 302, 961 P.2d 147. Statutory interpretation is a question of law which we review de novo. Pub. Serv. Co. v. Pub. Util. Comm'n, 1999-NMSC-40, ¶ 14, 128 N.M. 309, 992 P.2d 860. "Because statutory construction is outside the realm of the Commission's expertise, we afford little, if any, deference to the Commission on this matter." Id. (citation omitted). Our primary concern is to determine and give effect to legislative intent, looking first to the plain language of the statute. Id. ¶ 18. We hold that the New Mexico Telecommunications Act and the AFOR plan and order authorize the PRC's credit or refund incentive.
. . . .
{27} Qwest argues that there are statutory limits to the PRC's enforcement authority. The PRC "may apply to the district court for injunctions to prevent violations of any provision of the New Mexico Telecommunications Act . . . or of any rule or order of the [PRC] issued pursuant to that act," Section 63-9A-20, and "impose an administrative fine on a telecommunications provider for any act or omission that the provider knew or should have known was a violation of any applicable law or rule or order of the [PRC]," NMSA 1978, § 63-7-23(B) (2000). Qwest argues that the PRC is limited to these two mechanisms to enforce Qwest's compliance. We refuse to so limit the PRC's regulatory authority. The Legislature has given the PRC the discretion "to enforce [its] orders by appropriate administrative action and court proceedings." Section 8-8-4(B)(5) (emphasis added). Since the Legislature has implicitly authorized that the PRC create and enforce this incentive on Qwest, the incentive is an appropriate administrative action. We find that these statutes provide the PRC additional avenues to prevent violations of the New Mexico Telecommunications Act.
. . . .
{50} Section 8-8-4(B)(10) allows the PRC to adopt "reasonable administrative, regulatory and procedural rules" to carry out its duties. Pursuant to this legislative directive, the PRC has passed rules to conduct hearings. A non-party is afforded the opportunity to comment on the record, "but such statement shall not be considered by the [PRC] as evidence." NMAC 17.1.2.26(F) (2001). Regulations also allow a non-original party to intervene in a proceeding, NMAC 17.1.2.26(A), and if the intervention motion is granted, the entity has the same rights as original parties, NMAC 17.1.2.26(D)(7). Such rights include submitting proposed findings and conclusions, orders, and briefs. NMAC 17.1.2.38.
. . . .
23-112. Citations for pleadings and other papers.
A. Applicability. This rule governs the form of citations included in pleadings and papers filed in the courts of this state.
B. State appellate court citations. For opinions of the New Mexico Supreme Court and New Mexico Court of Appeals, the following is an example of the form of citation: State v. Ray, 2003-NMSC-001, 122 N.M. 23 or State v. Ray , 2003-NMSC-001, 122 N.M. 23, 976 P.2d 54. Use of the vendor neutral citation with citation to both reporters is permitted, but is not required. For opinions not yet published in the reporter system, the vendor neutral citation may be followed by citation to the Bar Bulletin , use the following form of citation: State v. Ray , 2003-NMSC-001, Vol. 26, No. 53, SBB 23. For citations for opinions issued prior to January 1, 1996, follow citation rules in The Bluebook: A Uniform System of Citation (17th Ed. 2000).
C. Subsequent history. Effective October, 2003, subsequent history, when cited, shall include the vendor neutral citation for certiorari information, as assigned by the Supreme Court, e.g., State v. Ray , 2003-NMCA-001, {reporter citation} , cert. granted , 2004-NMCERT-003, {reporter citation} . When a vendor neutral citation number is not available, the Supreme Court docket number shall be substituted for the vendor neutral citation, e.g., State v. Ray , 2003-NMCA-001, {reporter citation} , cert. granted , Sup. Ct. No. 28,714, {reporter citation}.
D. Pinpoint citations. If a pinpoint citation is used:
(1) for opinions issued after 1996 that have a paragraph number, the paragraph
number shall be used after the vendor neutral citation, e.g., State v. Ray ,
2003-NMSC-001, ¶ 2, {reporter citation} ;
(2) for opinions issued prior to 1997 or if paragraph numbering is unavailable,
the applicable page number of the New Mexico Reports and Pacific Reporter print
publication shall be used;
A short citation form may be used if it clearly identifies a case that has been
cited within the same general textual discussion, e.g., Ray , 2003-NMSC-001,
¶ 2.
E. Citation to New Mexico statutes. Citations to section numbers of the New Mexico statutes shall be to the chapter, article and section of the NMSA 1978. The form shall be as follows: "NMSA 1978, § _____ (year) " e.g. "NMSA 1978, Section 34-1-1 (1972). It is unnecessary to include a citation to compilation references such as "Cum. Supp." or "Repl. Pamp.", rather reference shall be made to the date of enactment or amendment, as applicable. This date is the date in the "History Note" following each statute relied upon in the pleading or paper.
F. Citation to court rules and uniform jury instructions. Rules, uniform jury instructions and forms promulgated or approved by the Supreme Court shall be cited to the New Mexico Rules Annotated version by set and rule number. For example: "Rule 1-001 NMRA" or "UJI ___ NMRA". You may also use the citation form approved by the Supreme Court and published in the NMRA. For example, Rule 4 A-100 NMRA provides that rules published in set number 4A of the NMRA may be cited as "Domestic Relations Form 4A-___". If the rule has been amended since the date the proceedings were filed, it may be necessary to refer to the year of the version of the rule relied upon in the pleading or paper. In such cases the year of the NMRA is added after "NMRA".
G. Administrative code. If a pleading or paper cites a state agency rule or regulation, the New Mexico Administrative Code shall be cited using Title, Chapter, Part and Subpart, e.g. , "1.15.2.1 NMAC". It may also be necessary to use a year after "NMAC" to identify the year the rule is applicable to the pending case;
H. Bluebook citations. Except as provided in Paragraphs A through F of this rule, the form of citations as set forth in The Bluebook: A Uniform System of Citation ( 17th ed. 2000 ) shall be used for all citation reference for all pleadings and other papers filed in all courts in this state.