N.M. Admin. Code § 17.11.2.7

Current through Register Vol. 35, No. 21, November 5, 2024

Section 17.11.2.7 - DEFINITIONS

A. For purposes of proceedings to impose administrative fines, and as used in this rule, the following terms have the meanings given in the cited section of the New Mexico Statutes Annotated 1978:

(1) Commission, Section 63-7-23(A)(1) NMSA 1978.

(2) Telecommunications provider, Section 63-7-23(A)(2) NMSA 1978.

B. For purposes of proceedings to impose administrative fines, and as used in this rule, the following terms have the meanings given here:

(1) aggravating circumstances means any circumstance attending a violation of any applicable law or rule or order of the Commission by a telecommunications provider which adds to its injurious consequences.

(2) aggrieved by an order means the order directly results in the denial of some personal or property right, or imposes a burden or obligation upon a telecommunications provider or other person.

(3) Commission's Rules of Procedure means the Rules of Procedure of the New Mexico State Corporation Commission which became effective November 14, 1985.

(4) fraudulently concealed means the employment of artifice planned to prevent inquiry or escape investigation or to mislead or hinder the acquisition of information that could lead to possible action under Section 63-7-23 NMSA 1978 or this rule.

(5) mitigating circumstances means any circumstance attending a violation of any applicable law or rule or order of the Commission by a telecommunications provider which reduces or partially extinguishes its injurious consequences.

(6) preponderance of the evidence means proof by the greater weight of evidence, establishing that which is sought to be proved is more probably true than not true.

(7) proceedings to impose an administrative fine means a proceeding initiated by the Commission pursuant to Section 63-7-23(D) NMSA 1978.

(8) staff means the staff of the Commission's Telecommunications Department.

(9) State means the State of New Mexico.

(10) substantial harm to the customers of the telecommunications provider means having a significant adverse impact on the quality of service or value of service provided to a customer of a telecommunications provider.

N.M. Admin. Code § 17.11.2.7

5-15-96; Recompiled 12/31/01