No regulation or amendment or repeal of any regulation shall be adopted by the commission under the Pipeline Safety Act [70-3-11 to 70-3-20 NMSA 1978] until after a public hearing by the commission. Hearings on regulations shall be held at Santa Fe. Notice of hearing shall:
A. be given at least thirty days prior to the hearing date;
B. state the subject of the hearing;
C. indicate the time and place of the hearing;
D. state the manner in which interested persons may present their views; and
E. state where interested persons may secure copies of any proposed regulation.
The notice shall be published in a newspaper of general circulation in the state. Reasonable efforts shall be made to give notice to all persons who have made a written request to the commission for advance notice of hearings conducted under the Pipeline Safety Act. At any hearing, the commission shall give all interested persons reasonable opportunity to submit data, views or arguments orally or in writing and to examine witnesses testifying at the hearing. A complete record of the proceedings at any hearing shall be made and preserved by the commission. A copy of the transcript shall be furnished upon demand of any party to the hearing, upon payment of a reasonable charge for reproducing the record. The fee shall be fixed by regulation of the commission. After the conclusion of any hearing, the commission shall make and file its findings of fact and order. Any person heard or represented at the hearing shall be given written notice of the findings and order of the commission. No regulation adopted by the commission shall become effective until thirty days after its filing according to the provisions of the State Rules Act [Chapter 14, Article 4 NMSA 1978] or any later date as set forth in the commission's order adopting the regulation.
History: 1953 Comp., § 65-4-18, enacted by Laws 1969, ch. 71, § 4.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 152 et seq.
73 C.J.S. Public Administrative Law and Proceedings §§ 103 to 106.
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