HOUSE BILL 572
46th legislature - STATE OF NEW MEXICO - second session, 2004
INTRODUCED BY
Donald E. Bratton
AN ACT
RELATING TO OIL AND GAS; AMENDING SECTIONS 70-2-13 AND 71-5-17.5 NMSA 1978 (BEING LAWS 1955, CHAPTER 235, SECTION 1 AND LAWS 1979, CHAPTER 326, SECTION 5, AS AMENDED) TO ELIMINATE THE REQUIREMENTS FOR A TRANSCRIPT IN EVERY CASE HEARD BY A HEARING EXAMINER APPOINTED BY THE OIL CONSERVATION DIVISION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 70-2-13 NMSA 1978 (being Laws 1955, Chapter 235, Section 1, as amended) is amended to read:
"70-2-13. ADDITIONAL POWERS OF COMMISSION OR DIVISION--HEARINGS BEFORE EXAMINER--HEARINGS DE NOVO.--In addition to the powers and authority, either express or implied, granted to the oil conservation commission or division by virtue of the statutes of the state [of New Mexico], the division is [hereby] authorized and empowered in prescribing its rules of order or procedure in connection with hearings or other proceedings before the division to provide for the appointment of one or more examiners to be members of the staff of the division to conduct hearings with respect to matters properly coming before the division and to make reports and recommendations to the director of the division with respect thereto. Any member of the commission or the director of the division or his authorized representative may serve as an examiner as provided [herein] in this section. The division shall promulgate rules and regulations with regard to hearings to be conducted before examiners, and the powers and duties of the examiners in any particular case may be limited by order of the division to particular issues or to the performance of particular acts. In the absence of any limiting order, an examiner appointed to hear any particular case [shall have] has the power to regulate all proceedings before him and to perform all acts and take all measures necessary or proper for the efficient and orderly conduct of [such] the hearing, including the swearing of witnesses and receiving of testimony and exhibits offered in evidence subject to such objections as may be imposed, and shall cause a complete record of the proceeding to be made [and transcribed] and shall [certify] provide the [same] record to the director of the division for consideration together with the examiner's report [of the examiner] and [his] recommendations [in connection therewith]. A transcript of the testimony shall be prepared, accompanied by a reasonable statement of the necessity thereof, when deemed necessary by the division or at the request of a party who appeared at the hearing. The director of the division shall base the decision rendered in any matter or proceeding heard by an examiner upon the [transcript of testimony and] record made by or under the supervision of the examiner in connection with [such] the proceeding and the report and recommendation of the examiner, and [such] the decision shall have the same force and effect as if the hearing had been conducted before the director [of the division]. When any matter or proceeding is referred to an examiner and a decision is rendered [thereon], any party of record adversely affected [shall have] has the right to have the matter heard de novo before the commission upon application filed with the division within thirty days from the time [any such] the decision is rendered."
Section 2. Section 71-5-17.5 NMSA 1978 (being Laws 1979, Chapter 326, Section 5, as amended) is amended to read:
"71-5-17.5. ADDITIONAL POWERS OF COMMISSION OR DIVISION--HEARINGS BEFORE EXAMINER--HEARINGS DE NOVO.--In addition to the powers and authority, either express or implied, granted to the [oil conservation] commission or division, the division may, in prescribing its rules of order or procedure in connection with hearings or other proceedings before the division, provide for the appointment of one or more examiners to be members of the staff of the division to conduct hearings with respect to matters properly coming before the division and to make reports and recommendations to the director of the division [with respect thereto]. Any member of the commission or the director of the division or his authorized representative may serve as an examiner. The division shall promulgate rules and regulations with regard to hearings to be conducted before examiners, and the powers and duties of the examiners in any particular case may be limited by order of the division to particular issues or to the performance of particular acts. In the absence of any limiting order, an examiner appointed to hear any particular case may regulate all proceedings before him and perform all acts and take all measures necessary or proper for the efficient and orderly conduct of the hearing, including the swearing of witnesses, receiving of testimony and exhibits offered in evidence subject to objections as may be imposed, and shall cause a complete record of the proceeding to be made [and transcribed] and shall [certify] provide the same to the director of the division for consideration together with the examiner's report [of the examiner] and [his] recommendations in connection therewith. A transcript of the testimony, accompanied by a reasonable statement of the necessity thereof, shall be prepared when deemed necessary by the division or at the request of a party who appeared at the hearing. The director of the division shall base the decision rendered in any matter or proceeding heard by an examiner upon the [transcript of testimony and] record made by or under the supervision of the examiner in connection with the proceeding and the report and recommendation of the examiner, and the decision shall have the same [force and] effect as if the hearing had been conducted before the director [of the division]. When any matter or proceeding is referred to an examiner and a decision is rendered [thereon], any party of record adversely affected may have the matter heard de novo before the commission upon application filed with the division within thirty days from the time the decision is rendered."
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