N.M. Admin. Code § 18.3.6.13 - NOTICE, REVIEW AND DETERMINATION
A.
Notice period: The department
shall issue notice of a completed application for tariff change with a copy of
the proposed tariff. The notice period is 19 calendar days after a completed
application is filed with the department, excluding the day of filing, and
including weekends and holidays. If the last day is a weekend or holiday, then
the notice period ends on the next business day.
B.
Review: No protest or
objection is permitted or considered in response to a tariff change
application. A hearing on a proposed tariff rate increase may be either
requested by the applicant or required by the department during the notice
period to further consider the lawfulness or reasonableness of the proposed
rate increase. If a hearing is initiated, the motor carrier may apply for
temporary authority to increase rates during the period of consideration and
until the department issues a determination on the tariff change
application.
C.
Determination:
(1)
Approved by
default: If no hearing is initiated for the purpose of reviewing a
proposed tariff rate increase, a tariff change shall be approved by default and
become effective 20 days after the date that the completed application was
filed with the department.
(2)
Final decision: If a hearing is initiated on the tariff change
application, or if a complaint is received that requires an investigation of
the applicant's existing or proposed tariff, a determination will be delayed
for further consideration and required proceedings. Following such
administrative proceedings, a final written determination shall be issued to
approve, deny, or modify the proposed tariff as provided by law.
Notes
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