A. All hearings held pursuant to this section shall be public and upon not less than fifteen days' written notice of the time, place and purpose of the hearing to each utility whose services or facilities may be affected and to each municipality in which any part of the proposed highway improvement is to be located. Hearings may be held before the commission, any member or any representative designated by it and at the place as is designated in the notice.
B. A record of the testimony shall be taken at the hearing and a transcript furnished to anyone upon request and payment of the cost.
C. The findings and orders shall be in writing and a copy served upon each party.
D. The commission may promulgate rules to govern its proceedings pursuant to this section.
E. A party aggrieved by an order may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History: 1953 Comp., § 55-7-27, enacted by Laws 1959, ch. 310, § 5; 1998, ch. 55, § 80; 1999, ch. 265, § 81.
Cross references. — For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA.
The 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in Subsection E.
The 1998 amendment, effective September 1, 1998, inserted "; appeal" in the section heading; in Subsection A, substituted "pursuant to this section" for "hereunder", substituted "days'" for "days", and deleted "thereof" following "member"; in Subsection B, deleted "thereof" following "transcript" and "cost"; in Subsection C, deleted "thereof" following "copy" and "thereto" following "party"; in Subsection D, substituted "pursuant to this section" for "hereunder"; rewrote Subsection E; and deleted Subsection F, relating to any party aggrieved by the order or decision of the district court.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39A C.J.S. Highways § 156.
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