N.M. Admin. Code § 1.2.2.21

Current through Register Vol. 35, No. 24, December 23, 2024

Section 1.2.2.21 - PETITIONS FOR DECLARATORY ORDERS

A. Petition: Any person may petition the commission for a declaratory order to terminate a controversy or to remove an uncertainty with respect to the applicability to the petitioner of any statute or rule administered by the commission or any commission order. Petitions for declaratory orders shall comply with the requirements for pleadings set forth in this rule and shall further set forth:

(1) the statute, rule, or order of which an interpretation is requested;

(2) the nature of the controversy or uncertainty which is the subject of the petition;

(3) the manner in which the controversy or uncertainty affects the petitioner;

(4) a complete statement of the facts and grounds prompting the petition; and

(5) the names and addresses of any other persons directly involved in the controversy or directly affected by the uncertainty.

B. Brief and affidavits:

(1) A petition for a declaratory order shall be accompanied by a brief in which the petitioner sets forth their position and all facts and arguments known in support of and in opposition to that position.

(2) The petition shall also be accompanied by affidavits attesting to the facts alleged in the petition or brief.

(3) Failure to comply with these requirements will be grounds for summary dismissal of the petition.

C.Commission procedure:

(1) Upon the filing of a petition for a declaratory order, the commission shall decide whether it will, in its absolute discretion, entertain the petition in whole or in part. If the commission decides to entertain the petition in whole or in part, the commission or the presiding officer shall order the petitioner to give such notice of the proceeding as is deemed appropriate and will proceed to consider the matter with or without public hearing.

(2) The commission may at any time during the proceeding, in its absolute discretion, determine not to issue a declaratory order, in which case the commission shall so notify the parties and staff.

N.M. Admin. Code § 1.2.2.21

1.2.2.21 NMAC - Rp, 17 NMAC 1.2.24, 9-1-08