N.M. Admin. Code § 19.2.15.9 - CONTEST
A. Right to
contest. Subject to Subsection B of
19.2.15.9 NMAC below, any persons
or entities aggrieved by an agency determination shall have the right to a
contest pursuant to this Part 15. Such proceedings are a mandatory
administrative remedy and must be completed before recourse to any court is
available.
B. Limitation of right.
Unless the commissioner in the commissioner's discretion determines otherwise,
a contest shall not involve matters which would not require the presence of the
commissioner as a necessary party in a district court proceeding. The right of
a party to initiate a contest proceeding is not a waiver of any defense or
claim by the commissioner or any other party regarding threshold matters such
as jurisdiction, sovereign immunity, standing, ripeness, mootness, failure to
state a claim, and the like.
C.
Contest participants. In the case of a contest initiated by a show cause order,
the participants shall be the commissioner and the respondent. In the case of a
contest initiated by petition, the contest participants shall be the
commissioner, the petitioner, and any respondents. The hearing officer may, in
the hearing officer's discretion, permit third parties to intervene or to
participate as amicus curiae. All pleadings shall contain a certificate
indicating that all other participants have been served with a copy of the
pleading by first-class mail or by such other means as the hearing officer may
allow.
D. Representation. Contest
participants may represent themselves, or may be represented by counsel to the
same extent allowed in the district courts of New Mexico. Parties who represent
themselves will be held to the same standards of conduct and pleading as if
they were represented by counsel.
E.
Location. All contests shall, at the sole discretion of the commissioner, be
held either at the offices of the New Mexico state land office in Santa Fe, New
Mexico, or at any other location deemed most expedient by the commissioner.
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