Public Regulation Commission

NMSA 1978 ch. 62, art. 19

in effect

NMSA 1978, § 62-19-1 Short title

62-19-1. Short title Chapter 62, Article 19 NMSA 1978 may be cited as the "Public Regulation Commission Act". Laws 1998, ch. 108, § 1; 2007, ch. 161, § 1; § 8-8-1, recompiled and amended as § 62-19-1 by Laws 2020, ch. 9, § 15.

NMSA 1978, § 62-19-2 Definitions

62-19-2. Definitions As used in the Public Regulation Commission Act: A. "agency" means the organization supporting the commission, including all employees; B. "commission" means the public regulation commission created by Article 11, Section 1 of the constitution of New Mexico; C. "commissioner" means a person appointed to the commission; and D. "person" means an individual, corporation, firm, partnership, association, joint venture or similar legal entity. Laws 1998, ch. 108, § 2; § 8-8-2, recompiled and amended as § 62-19-2 by Laws 2020, ch. 9, § 16; 2026, ch. 64, § 4.

NMSA 1978, § 62-19-3 Public regulation commission

62-19-3. Public regulation commission A. The "public regulation commission", created in Article 11, Section 1 of the constitution of New Mexico, is composed of three commissioners appointed by the governor with the consent of the senate as provided in that article. B. The commission shall annually elect one of its members chair, who shall preside at hearings. In the absence of the chair, the commission may appoint any other member to preside. Laws 1998, ch. 108, § 3; § 8-8-3, recompiled and amended as § 62-19-3 by Laws 2020, ch. 9, § 17.

NMSA 1978, § 62-19-4 Public regulation commission nominating committee

62-19-4. Public regulation commission nominating committee A. The "public regulation commission nominating committee" is created and consists of seven members who are: (1) knowledgeable about public utility regulation; (2) not employed by or on behalf of or have a contract with a public utility that is regulated by the commission; (3) not applicants or nominees for a position on the commission; and (4) appointed as follows: (a) four members appointed one each by the speaker of the house of representatives, the minority floor leader of the house of representatives, the president pro tempore of the senate and the minority floor leader of the senate, with no more than two members being from the same political party; (b) two members appointed one each by the secretary of energy, minerals and natural resources and the secretary of economic development; and (c) one member who is a member of an Indian nation, tribe or pueblo appointed by the governor. B. A committee member shall: (1) be a resident of New Mexico; (2) serve a four-year term; and (3) serve without compensation, but shall be reimbursed for expenses incurred in pursuit of the member's duties on the committee pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. C. The committee and individual members shall be subject to the Governmental Conduct Act [Chapter 10, Article 16 NMSA 1978], the Inspection of Public Records Act [Chapter 14, Article 3 NMSA 1978], the Financial Disclosure Act [Chapter 10, Article 16A NMSA 1978] and the Open Meetings Act [Chapter 10, Article 15 NMSA 1978]. D. Administrative support shall be provided to the committee by the agency. E. Initial appointments to the committee shall be made by the appointing authorities prior to July 1, 2022. Subsequent appointments shall be made no later than thirty days before the end of a term. F. The first meeting of the appointed members of the committee shall be held prior to September 1, 2022. The committee shall select one member to be chair and one member to be secretary. Following the first meeting, the committee shall meet as often as necessary in order to submit a list to the governor of no fewer than five qualified nominees for appointment to the commission for the terms beginning January 1, 2023. The list shall be developed to provide geographical diversity, and nominees on the list shall be from at least three different counties of the state. G. Subsequent to January 1, 2023, the committee shall meet at least ninety days prior to the date on which the term of a commissioner ends and as often as necessary thereafter in order to submit a list to the governor, at least thirty days prior to the beginning of the new term, of no fewer than two qualified nominees from diverse geographical areas of the state for appointment to the commission for each commissioner position term that is ending. H. Upon the occurrence of a vacancy in a commissioner position, the committee shall meet within thirty days of the date of the beginning of the vacancy and as often as necessary thereafter in order to submit a list to the governor, within sixty days of the first meeting after the vacancy occurs, of no fewer than two qualified nominees from diverse geographical areas of the state for appointment to the commission to fill the remainder of the term of each commissioner position that is vacant. I. If a position on the committee becomes vacant during a term, a successor shall be selected in the same manner as the original appointment for that position and shall serve for the remainder of the term of the position vacated. J. The committee shall actively solicit, accept and evaluate applications from qualified individuals for a position on the commission and may require an applicant to submit any information it deems relevant to the consideration of the individual's application. K. The committee shall select nominees for submission to the governor who, in the committee's judgment, are best qualified to serve as a member of the commission. L. A majority vote of all members of the committee in favor of a person is required for that person to be included on the list of qualified nominees submitted to the governor. Laws 2020, ch. 9, § 18; 2026, ch. 64, § 5.

NMSA 1978, § 62-19-5 Qualifications of commissioners

62-19-5. Qualifications of commissioners A. Commissioners shall be persons who are independent of the industries regulated by the commission and shall possess demonstrated competence. B. In order to be appointed as a commissioner, a person must be qualified for office by: (1) having a baccalaureate degree from an institution of higher education that has been accredited by a regional or national accrediting body and at least ten years of professional experience in an area regulated by the commission or in the energy sector and involving a scope of work that includes accounting, public or business administration, economics, finance, statistics, policy, engineering or law; or (2) having higher education resulting in at least a professional license or a post-graduate degree from an institution of higher education that has been accredited by a regional or national accrediting body in a field related to an area regulated by the commission, including accounting, public or business administration, economics, finance, statistics, policy, engineering or law, and at least ten years of professional experience within the person's field. C. A commissioner shall not have a financial interest in a public utility in this state or elsewhere and shall not have been employed by a commission-regulated entity at any time during the two years prior to appointment to the commission. D. Commissioners shall give their entire time to the business of the commission and shall not pursue any other business or vocation or hold any other office for profit. E. As used in this section, "professional experience" means employment in which the prospective appointee for commissioner regularly made decisions requiring discretion and independent judgment and: (1) engaged in policy analysis, research, consumer advocacy or implementation in an area regulated by the commission or in the energy sector; (2) managed, as the head, deputy head or division director, a federal, state, tribal or local government department or division responsible for utilities, energy policy or construction; or (3) managed a business or organization regulated by the commission or in the energy sector that had five or more employees during the time it was managed by the prospective appointee. Laws 2013, ch. 64, § 1; 2019, ch. 212, § 210; § 8-8-3.1, recompiled and amended as § 62-19-5 by Laws 2020, ch. 9, § 19; 2023, ch. 100, § 17.

NMSA 1978, § 62-19-6 Continuing education requirements for commissioners

62-19-6. Continuing education requirements for commissioners A. A commissioner shall complete: (1) at least six hours of ethics training at a course provided in person or online by a post-secondary educational institution in the first twelve-month period after taking office and at least two hours of ethics training conducted by a post-secondary educational institution or by a provider of ethics training that is approved by the professional licensing board by which a commissioner is licensed in each subsequent twelve-month period that the commissioner serves in office; and (2) at least thirty-two hours of continuing education relevant to the work of the commission in each twelve-month period that the commissioner serves in office. B. Continuing education courses shall be endorsed by the national association of regulatory utility commissioners, by a post-secondary educational institution or by a licensing or professional association for a qualifying area of study. C. A commissioner shall be responsible for having the endorsing organization submit certification of completion of the hours of education required pursuant to Subsection A of this section to the chief of staff. D. If a commissioner fails to comply with the education requirements in Subsection A of this section by the last day of a twelve-month period, the commissioner's compensation for performing the duties of the office shall be withheld by the agency until the requirements for the preceding twelve-month period or periods have been met. Laws 2013, ch. 64, § 2; § 8-8-3.2, recompiled and amended as § 62-19-6 by Laws 2020, ch. 9, § 20; 2026, ch. 64, § 6.

NMSA 1978, § 62-19-7 Recusal of commissioner or hearing examiner

62-19-7. Recusal of commissioner or hearing examiner A. A commissioner or hearing examiner shall self recuse in any adjudicatory proceeding in which the commissioner or hearing examiner is unable to make a fair and impartial decision or in which there is reasonable doubt about whether the commissioner or hearing examiner can make a fair and impartial decision, including: (1) when the commissioner or hearing examiner has a personal bias or prejudice concerning a party or its representative or has prejudged a disputed evidentiary fact involved in a proceeding prior to hearing. For the purposes of this paragraph, "personal bias or prejudice" means a predisposition toward a person based on a previous or ongoing relationship, including a professional, personal, familial or other intimate relationship, that renders the commissioner or hearing examiner unable to exercise the commissioner's or hearing examiner's functions impartially; (2) when the commissioner or hearing examiner has a pecuniary interest in the outcome of the proceeding other than as a customer of a party; (3) when in previous employment the commissioner or hearing examiner served as an attorney, adviser, consultant or witness in the matter in controversy; or (4) when, as a nominee for appointment to the office of public regulation commissioner, the nominee announced how the nominee would rule on the adjudicatory proceeding or a factual issue in the adjudicatory proceeding. B. If a commissioner or hearing examiner fails to self recuse when it appears that grounds exist, a party shall promptly notify the commissioner or hearing examiner of the apparent grounds for recusal. If the commissioner or hearing examiner declines to self recuse upon request of a party, the commissioner or hearing examiner shall provide a full explanation in support of the refusal. Laws 1998, ch. 108, § 18; § 8-8-18, recompiled and amended as § 62-19-7 by Laws 2020, ch. 9, § 22.

NMSA 1978, § 62-19-8 Prohibited acts; nominees; commissioners and employees

62-19-8. Prohibited acts; nominees; commissioners and employees A. As used in this section, in addition to the definitions provided in Section 62-19-2 NMSA 1978: (1) "affiliated interest" means a person who directly controls or is controlled by or is under common control with a regulated entity, including an agent, representative, attorney, employee, officer, owner, director or partner of an affiliated interest. For the purposes of this definition, "control" includes the possession of the power to direct or cause the direction of the management and policies of a person, whether directly or indirectly, through the ownership, control or holding with the power to vote of ten percent or more of the person's voting securities; (2) "intervenor" means a person who is intervening as a party in an adjudicatory matter before the commission or has intervened in an adjudicatory matter before the commission within the preceding twenty-four months, including an agent, representative, attorney, employee, officer, owner, director, partner or member of an intervenor; (3) "pecuniary interest" includes owning or controlling securities; serving as an officer, director, partner, owner, employee, attorney or consultant; or otherwise benefiting from a business relationship. "Pecuniary interest" does not include an investment in a mutual fund or similar third-party-controlled investment, pension or disability benefits or an interest in capital credits of a rural electric cooperative or telephone cooperative because of current or past patronage; and (4) "regulated entity" means a person whose charges for services to the public are regulated by the commission and includes any direct or emerging competitors of a regulated entity and includes an agent, representative, attorney, employee, officer, owner, director or partner of the regulated entity. B. In addition to the requirements of the Financial Disclosure Act [Chapter 10, Article 16A NMSA 1978] and the Governmental Conduct Act [Chapter 10, Article 16 NMSA 1978], nominees for appointment to the commission, commissioners and employees of the agency shall comply with the requirements of the Public Regulation Commission Act, as applicable. C. A nominee for appointment to the commission shall not solicit or accept anything of value, either directly or indirectly, from a person whose charges for services to the public are regulated by the commission. For the purposes of this subsection, "anything of value" includes money, in-kind contributions and volunteer services to the nominee or the nominee's organization, but does not include pension or disability benefits. D. Commissioners and employees of the agency shall comply with the provisions of the Gift Act [Chapter 10, Article 16B NMSA 1978]. E. After leaving the commission: (1) a former commissioner shall not be employed or retained in a position that requires appearances before the commission by a regulated entity, affiliated interest or intervenor within two years of the former commissioner's separation from the commission; (2) a former employee shall not appear before the commission representing a party to an adjudication or a participant in a rulemaking within one year of ceasing to be an employee; and (3) a former commissioner or employee shall not represent a party before the commission or a court in a matter that was pending before the commission while the commissioner or employee was associated with the commission and in which the former commissioner or employee was personally and substantially involved in the matter. F. The attorney general or a district attorney may institute a civil action in the district court for Santa Fe county or, in the attorney general's or a district attorney's discretion, the district court for the county in which a defendant resides if a violation of this section has occurred or to prevent a violation of this section. A civil penalty may be assessed in the amount of two hundred fifty dollars ($250) for each violation, not to exceed five thousand dollars ($5,000). Laws 1998, ch. 108, § 19; § 8-8-19, recompiled and amended as § 62-19-8 by Laws 2020, ch. 9, § 23; 2026, ch. 64, § 7.

NMSA 1978, § 62-19-9 Commission; general powers and duties

62-19-9. Commission; general powers and duties A. The commission shall: (1) administer and enforce the laws with which it is charged and has every power conferred by law; (2) appoint a chief of staff; (3) prepare an annual budget for submission to the legislature; (4) adopt rules to streamline the resolution of cases before it when appropriate by: (a) the use of hearing examiners; (b) the taking of evidence with the least delay practicable; (c) limiting repetitious testimony; and (d) adopting procedures for resolving cases in ways other than by trial-type hearings when appropriate, including consent calendars, paper hearings, conferences, settlements, mediation, arbitration and other alternative dispute resolution methods and the use of agency staff decisions; (5) provide a toll-free telephone number and publish it on the agency website; and (6) resolve all complaints regarding telecommunications providers within sixty days unless extended for good cause by an order of the commission or hearing examiner that states with specificity the reason for and length of the extension. B. The commission may: (1) delegate authority as it deems necessary and appropriate, clearly delineating such delegated authority and any limitations; (2) take administrative action by issuing orders not inconsistent with law to assure implementation of and compliance with the provisions of law for which the commission is responsible and to enforce those orders by appropriate administrative action and court proceedings; (3) conduct investigations as necessary to carry out the commission's responsibilities; (4) adopt such reasonable administrative, regulatory and procedural rules as may be necessary or appropriate to carry out its powers and duties; (5) cooperate with tribal and pueblo governments on topics over which the commission and the other governments have jurisdiction and conduct joint investigations, hold joint hearings and issue joint or concurrent orders as appropriate; and (6) apply to the district court for injunctions to prevent violations of any laws that it administers or rules or orders adopted pursuant to those laws. C. A majority of the commission constitutes a quorum for the transaction of business; provided, however, that a majority vote of the commission is needed for a final decision of the commission. Laws 1998, ch. 108, § 4; § 8-8-4, recompiled as § 62-19-9 by Laws 2020, ch. 9, § 59; 2026, ch. 64, § 8.

NMSA 1978, § 62-19-10 Propane service; commission duties

62-19-10. Propane service; commission duties A. The commission shall adopt rules to protect consumers' rights with respect to propane service. B. The commission shall report by December 2009 to the appropriate interim legislative committee appointed by the New Mexico legislative council on the progress of the rulemaking pursuant to this section. Laws 2009, ch. 216, § 1; § 8-8-4.1, recompiled as § 62-19-10 by Laws 2020, ch. 9, § 59.

NMSA 1978, § 62-19-20 Hearing examiners

62-19-20. Hearing examiners A. The commission may appoint a commissioner or a hearing examiner to preside over any matter before the commission, including rulemakings, adjudicatory hearings and administrative matters. Hearing examiners shall conduct proceedings and issue findings and recommendations based solely on the record and applicable law, free from improper influence, interference or pressure from any source within or outside the commission. B. A hearing examiner shall provide the commission with a written recommendation on the matter assigned to the hearing examiner, including findings of fact and conclusions of law. A written recommendation shall be provided to the parties, and they may file exceptions to the written recommendation prior to the final decision of the commission. C. When the commission has appointed a hearing examiner to preside over a matter, at least one member of the commission shall, at the request of a party to the proceedings, attend oral argument. Laws 1998, ch. 108, § 14; 2003, ch. 346, § 2; 2013, ch. 74, § 3; § 8-8-14, recompiled as § 62-19-20 by Laws 2020, ch. 9, § 59; 2026, ch. 64, § 9.

NMSA 1978, § 62-19-21 Commission rules

62-19-21. Commission rules Unless otherwise provided by law, rules shall be adopted, amended or repealed in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978]. Laws 1998, ch. 108, § 15; 2001, ch. 117, § 1; § 8-8-15, recompiled as § 62-19-21 by Laws 2020, ch. 9, § 59; 2026, ch. 64, § 10.

NMSA 1978, § 62-19-22 Record of proceedings

62-19-22. Record of proceedings Unless otherwise provided by law, the commission may by rule provide that oral proceedings before the commission may be taken by any means that provides a full and complete record, including tape recording or stenography. The commission by rule shall determine when tape recordings are transcribed. A party to the proceeding may request a copy of a tape recording or a written transcript if one is provided. The agency may charge a reasonable fee for a copy of a proceeding. Copy costs shall be determined by the commission by rule and money collected shall be deposited in the utility oversight fund. Laws 1998, ch. 108, § 16; § 8-8-16, recompiled as § 62-19-22 by Laws 2020, ch. 9, § 59; 2026, ch. 64, § 11.

NMSA 1978, § 62-19-23 Ex parte and permitted communications

62-19-23. Ex parte and permitted communications A. A commissioner shall not initiate, permit or consider a communication directly or indirectly with a party or the party's representative outside the presence of the other parties concerning a pending rulemaking after the record has been closed or a pending adjudication. B. A hearing examiner shall not initiate, permit or consider a communication directly or indirectly with a party or the party's representative outside the presence of the other parties concerning a pending rulemaking or adjudication. C. Notwithstanding the provisions of Subsections A and B of this section, the following ex parte communications are permitted: (1) where circumstances require, ex parte communications for procedural or administrative purposes or emergencies that do not deal with substantive matters or issues on the merits are allowed if the commissioner or hearing examiner reasonably believes that no party will gain an advantage as a result of the ex parte communication and the commissioner or hearing examiner makes provision to promptly notify all other parties of the substance of the ex parte communication; (2) a commissioner may consult with another commissioner, subject to the requirements of the Open Meetings Act [Chapter 10, Article 15 NMSA 1978], or with advisory staff whose function is to advise the commission in carrying out the commissioner's rulemaking or adjudicative responsibilities; (3) a hearing examiner may consult with the commission's advisory staff; (4) a commissioner or hearing examiner may obtain the advice of a nonparty expert on an issue raised in the rulemaking or adjudication if the commissioner or hearing examiner gives notice to the parties of the person consulted and the substance of the advice and affords the parties reasonable opportunity to respond; and (5) pursuant to the commission's rulemaking authority, a party to a proceeding may consult with the commission's advisory staff. D. A commissioner or hearing examiner who receives or who makes or knowingly causes to be made a communication prohibited by this section shall disclose it to all parties and give other parties an opportunity to respond. E. Upon receipt of a communication knowingly made or caused to be made by a party to a commissioner or hearing examiner in violation of this section, the commissioner or hearing examiner may, to the extent consistent with the interests of justice and the policy of the underlying statutes, require the party to show cause why the party's claim or interest in the proceeding should not be dismissed, denied, disregarded or otherwise adversely affected on account of the violation of this section. Laws 1998, ch. 108, § 17; 2003, ch. 346, § 3; 2004, ch. 81, § 1; § 8-8-17, recompiled as § 62-19-23 by Laws 2020, ch. 9, § 59; 2026, ch. 64, § 12.

NMSA 1978, § 62-19-24 Commission reports

62-19-24. Commission reports By May 1 of each year, the commission shall report to the legislature and the governor regarding its activities for the previous year in sufficient detail to disclose the workings of the commission and the impact of regulation on the industries regulated by the commission. The report shall include information on consumer complaints and their status. The report may include suggestions and recommended changes in law, as the commission deems appropriate, that would be in the public interest. Laws 1998, ch. 108, § 20; § 8-8-20, recompiled as § 62-19-24 by Laws 2020, ch. 9, § 59; 2026, ch. 64, § 13.

NMSA 1978, § 62-19-25 Chief of staff

62-19-25. Chief of staff A. The chief of staff shall serve at the pleasure of the commission and act consistent with its goals, decisions and directives. B. The chief of staff shall: (1) be responsible for the day-to-day operations of the agency; (2) ensure that the agency carries out all duties and responsibilities with which it is charged by law; (3) supervise and direct the staff and operations of the agency; (4) assign such personnel as are necessary to: (a) serve as public interest advocacy staff to the commission in the regulation of electric, natural gas, renewable energy sources, telecommunications and water and wastewater systems as provided by law. The staff may present testimony and evidence, cross-examine witnesses and partner and collaborate with other stakeholders in furtherance of the advocacy staff's views on how the commission should fulfill its responsibility to balance the public interest, consumer interest and investor interest; (b) serve as advisory staff to advise and assist the commission on any matter before the commission; provided that the advisory staff may have expertise in law, engineering, economics or other professional or technical disciplines; (c) receive and investigate nondocketed consumer complaints and assist consumers in resolving, in a fair and timely manner, complaints against a person under the authority of the commission, including mediation and other methods of alternative dispute resolution; provided that assistance pursuant to this subparagraph does not include legal representation of a private complainant in an adjudicatory proceeding; (d) consult with other state agencies as needed to ensure fair and timely resolution of consumer complaints; (e) advise the commission on how to maximize public participation in commission proceedings, including ways to eliminate language, disability and other barriers; (f) identify, research and advise the commission on consumer issues; (g) assist the commission in the development and implementation of consumer policies and programs; (h) record, for the purpose of determining general concerns of consumers, all complaints with regard to quality or quantity of service provided by a regulated entity or its competitors; (i) review disputes between telecommunications providers; (j) investigate each complaint regarding a telecommunications provider on an expedited basis; (k) address other telecommunications-related duties as required by the New Mexico Telecommunications Act [Chapter 63, Article 9A NMSA 1978] and the commission; (l) recommend telecommunications-related actions to the commission; (m) record the judgments, rules, orders and other proceedings of the commission and make a complete index to the judgments, rules, orders and other proceedings; (n) issue and attest all processes issuing from the commission and affix the seal of the commission to them; (o) preserve the seal and other property belonging to the agency; (p) perform other agency duties and responsibilities; and (q) carry out the provisions of the Pipeline Safety Act [70-3-11 to 70-3-20 NMSA 1978]; (5) organize the agency into organizational units as necessary to enable it to function most efficiently; and (6) appoint a professional engineer who shall have at least five years' experience in the design, construction, maintenance and operation of oil or gas pipeline facilities, who shall be designated pipeline safety engineer for the purposes of the Pipeline Safety Act. C. The chief of staff may: (1) employ such professional, technical and clerical assistance as is necessary to assist the agency and commission in performing their powers and duties; (2) hire on a temporary, term or contract basis such other experts or staff as the commission requires for a particular case; (3) retain competent attorneys to give advice, counsel and representation in all legal matters of the commission and agency; (4) set minimum educational and experience requirements for all staff positions; (5) conduct research and studies to improve the agency's operations or the provision of services to the residents of New Mexico; (6) apply for and accept grants and donations in the name of the state to carry out the agency's powers and duties; and (7) enter into contracts on behalf of the agency. Laws 2026, ch. 64, § 14.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18565/index.doFetched: 10/20/2026