N.M. Admin. Code § 1.2.2.30 - PROCEDURAL AUTHORITY OF A SINGLE COMMISSIONER
A. The chairman of the commission or any
other commissioner shall preside at public hearings conducted by more than one
commissioner.
B. The chairman of
the commission or any other commissioner may issue any procedural orders prior
to, during, or after a public hearing, including but not limited to orders or
notices:
(1) designating a hearing examiner
to preside in a proceeding;
(2)
scheduling public hearings;
(3)
clarifying the issues to be considered during a proceeding;
(4) in the absence of a quorum of
commissioners and when prompt action is necessary to avoid the effectiveness of
rate increases for customers of utilities or telecommunications providers by
operation of law, suspending the operation of a rate increase request, provided
that such procedural order is consistent with law and does not involve the
final determination of the proceeding; and
(5) issuing orders temporarily suspending
operating authorities pursuant to 18.3.2.30 NMAC.
C. The delegation to one commissioner of
procedural authority shall not narrow the authority of the hearing examiner
pursuant to this rule or to other rules or orders of the commission, unless the
order by the hearing examiner is inconsistent with and superseded by the
procedural order of the one commissioner.
D. A party may appeal, pursuant to
1.2.2.31 NMAC, a procedural order
of a single commissioner.
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