N.M. Admin. Code § 19.2.15.10 - INITIATING A CONTEST
A. By
written petition. Subject to the hearing officer's ability to allow amendment
of the petition for failure to comply with the requirements of form set out
below when it appears to the hearing officer that the petition sets out a good
faith claim, a contest shall be initiated by written petition, sent by
certified or registered mail to the commissioner, which shall contain the
following:
(1) As set out in the example (2)
below, the caption shall designate the subject matter in reference to the
lease, contract, easement, right of way, grant, conveyance, or other instrument
which forms the basis of the petitioner's claims.
(2) The caption will also designate the
petitioner by full name as such, then the respondent, if any, shall be
designated by full name as such. A place should be provided for the proceeding
to be numbered. The title shall be bolded and underlined. In the case of a
contest over a grazing lease, for example, the caption should appear as
follows:
Before the Commissioner of Public Lands
In Re State Land Office Grazing Lease No. GX-0000
Mr. And Mrs. A.B., petitioner
v Contest No. _________
X. Corp., respondent
Petition for Contest
(3) the name, mailing and e-mail addresses,
telephone and fax numbers of the petitioner and of each respondent in the
contest proceeding;
(4) a legible
copy of the instrument or instruments which form the basis of the claim in
issue;
(5) the aliquot description,
by subdivision, section, township and range, of the land or lands in
issue;
(6) a concise, complete
statement of the claim or claims of the petitioner;
(7) a concise, complete statement of the
facts giving rise to the claim or claims in issue;
(8) a statement of the relief being requested
as to each claim; and
(9) a sworn
statement that a copy of the "foregoing petition" has been sent to the
commissioner and to all respondents by registered or certified mail, and the
date when sent.
B. By
show cause order. A contest may be initiated by the commissioner's show cause
order sent by certified or registered mail. The show cause order shall contain
the following:
(1) As set out in the example
(2) below, the caption shall designate the subject matter in reference to the
lease, contract, easement, right of way, grant, conveyance, or other instrument
which forms the basis of the commissioner's claims.
(2) The caption will also designate the
respondent by full name as such. The title shall be bolded and underlined. A
place should be provided for the proceeding to be numbered. In the case of a
show cause order issued in connection with a business lease for example, the
caption should appear as follows:
Before the Commissioner of Public Lands
In Re State Land Office Business lease No. BL-0000
Contest No. ___________
X Corp., respondent
Show Cause Order
To Mr. A.B., for X Corporation, respondent;
(3) the name, mailing and e-mail addresses,
telephone and fax numbers of the respondent;
(4) a legible copy of the instrument or
instruments which form the basis of the show cause order;
(5) the aliquot description, by section,
township and range, of the land or lands in issue;
(6) a concise, complete statement of the
basis of the show cause order;
(7)
a concise, complete statement of the facts giving rise to the show cause
order;
(8) a statement of the final
decision proposed by the commissioner; and
(9) a statement that a copy of the show cause
order has been sent to the respondent by registered or certified mail, and the
date when sent.
C. In the
case of a contest initiated by a petition, within 10 days of the receipt of a
contest petition, the commissioner will give, to the petitioner and any
identified respondents, a contest notice stating whether the petition sets out
sufficient cause for contest within the scope of this Part 15. The commissioner
may reject a contest petition because the requisite agency determination has
not been obtained, because the petition states a clearly spurious claim,
because the petition is filed as an abuse of process, or because the matters
alleged are too complex for an administrative determination or involve too many
or unrelated parties. An adverse contest notice, one denying the petition, is
an appealable decision of the commissioner. In the case of a contest initiated
by show cause order, the show cause order itself shall be the contest
notice.
D. Within 30 days of the
date of the written notice in Subsection C of
19.2.15.10 NMAC above, each
respondent shall submit to the commissioner, also by certified mail, a
response, in the form provided for in Paragraph (2) of Subsection A or
Paragraph (2) of Subsection B of
19.2.15.10 NMAC above, which shall
set forth:
(1) the name, mailing and e-mail
addresses, and telephone and fax numbers of each person or entity whom it is
believed should be included in the contest, if not already named, and a
statement of the basis for such belief;
(2) legible copies of any other instruments
that are thought to be relevant to the contest;
(3) a concise, complete statement of the
defenses to the claim, of what it is believed should be the disposition of the
petitioner's claim, and of any additional cross-claim or counter-claim to be
made in connection with the same issues and the relief being
requested;
(4) a concise, complete
statement of any relevant, additional facts not offered by the petitioner(s) in
their petition or not offered by the commissioner in the show cause order;
and
(5) a summary of the arguments
and authorities supporting the defenses or claims.
E. Subject to the hearing officer's ability
to allow amendment of the response for failure to comply with the requirements
of form set out above when it appears to the hearing officer that the response
is made in good faith, failure to respond, within the time and in the form
required in Subsection D of
19.2.15.10 NMAC above, without
having first obtained an extension of time to do so by written request directed
to and granted by the commissioner, will be deemed a default, and will result
in the issuance of a decision of the commissioner.
F. Upon concurrence of the parties, or upon
the commissioner's own determination that circumstances require it, the
commissioner may shorten or lengthen the times allowed.
Notes
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