The oil conservation division of the energy, minerals and natural resources department shall prescribe by rule its rules of order or procedure in hearings or other proceedings before it under the Oil and Gas Act [this article].

History: Laws 1935, ch. 72, § 5; 1941 Comp., § 69-206; Laws 1949, ch. 168, § 5; 1953 Comp., § 65-3-6; Laws 1977, ch. 255, § 42; 1987, ch. 234, § 60.

Cross references. — For State Rules Act, see Chapter 14, Article 4 NMSA 1978.

For publication of notice, see 14-11-1 NMSA 1978 et seq.

For service of summons in civil actions, see Rule 1-004 NMRA.

The 1987 amendment, effective July 1, 1987, rewrote this section to the extent that a detailed comparison is impracticable.

Notice of proceedings. — Commission's order increasing spacing requirements for deep wildcat gas wells in certain areas of the state was invalid as to individual holders of working interests and operating rights affected thereby because the holders were not afforded reasonable notice of the proceedings as required by the New Mexico Oil and Gas Act and its implementing regulations. Johnson v. N.M. Oil Conservation Comm'n, 1999-NMSC-021, 127 N.M. 120, 978 P.2d 327.

Oil well spacing increase application. — A proceeding on an oil and gas estate lessee's application for an increase in oil well spacing was adjudicatory, and the lessor was entitled to actual notice under the due process requirements of the New Mexico and United States constitutions. Uhden v. N.M. Oil Conservation Comm'n, 1991-NMSC-089, 112 N.M. 528, 817 P.2d 721.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 294 et seq.

73A C.J.S. Public Administrative Law and Procedures §§ 134, 135.