N.M. Admin. Code § 1.2.2.27

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

Section 1.2.2.27 - INTERIM RELIEF

Requests for interim relief may be included in a complaint, petition, application, or other pleading filed by any party. The title of the pleading must clearly indicate that such relief is requested.

A.Contents: Except as provided in Sections 65-2A-11 and 70-3-16 NMSA 1978, in addition to the usual contents of a pleading, the pleading must allege such extraordinary facts of immediate and irreparable injury as would justify the commission's exercise of discretion by granting interim relief prior to a final decision.

B.Affidavits or testimony and exhibits: Any pleading requesting interim relief shall be accompanied by affidavit or testimony in support of the request. Any relevant exhibits in the possession of the party making the request should be appended to the affidavit or affidavits or testimony.

C.Notice: Copies of the pleading in which interim relief is requested and the testimony, affidavits, and exhibits filed in support thereof shall be served upon staff and upon all parties.

D.Public Hearing: Except as provided in Section 70-3-16 NMSA 1978, requests for interim relief other than interim rate relief may be acted upon with or without public hearing.

E.Bond: Interim relief may be granted subject to refund and conditioned upon a bond or other adequate protection.

N.M. Admin. Code § 1.2.2.27

1.2.2.27 NMAC - Rp, 17 NMAC 1.2.30, 9-1-08