SENATE BILL 947

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

William H. Payne

AN ACT

RELATING TO THE PUBLIC REGULATION COMMISSION; PROVIDING STANDARDS FOR PROFESSIONAL STAFF.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 8-8-4 NMSA 1978 (being Laws 1998, Chapter 108, Section 4) is amended to read:

     "8-8-4. COMMISSION--GENERAL POWERS AND DUTIES.--

          A. The commission shall administer and enforce the laws with which it is charged and has every power conferred by law.

          B. The commission may:

                (1) subject to legislative appropriation, appoint and employ such professional, technical and clerical assistance as it deems necessary to assist it in performing its powers and duties;

                (2) delegate authority to subordinates as it deems necessary and appropriate, clearly delineating such delegated authority and any limitations;

                (3) retain competent attorneys, including a general counsel who shall be hired solely on the person's qualifications and fitness to perform the duties of the position and who shall be removed only for cause, to handle the legal matters of the commission and give advice and counsel in regard to any matter connected with the duties of the commission and, in the discretion of the commission, to represent the commission in any legal proceeding;

                (4) organize into organizational units as necessary to enable it to function most efficiently, subject to provisions of law requiring or establishing specific organizational units;

                (5) take administrative action by issuing orders not inconsistent with law to assure implementation of and compliance with the provisions of law for which the commission is responsible and to enforce those orders by appropriate administrative action and court proceedings;

                (6) conduct research and studies to improve the commission's operations or the provision of services to the citizens of New Mexico;

                (7) conduct investigations as necessary to carry out the commission's responsibilities;

                (8) apply for and accept grants and donations in the name of the state to carry out its powers and duties;

                (9) enter into contracts to carry out its powers and duties;

                (10) adopt such reasonable administrative, regulatory and procedural rules as may be necessary or appropriate to carry out its powers and duties;

                (11) cooperate with tribal and pueblo governments on topics over which the commission and the other governments have jurisdiction and conduct joint investigations, hold joint hearings and issue joint or concurrent orders as appropriate; and

                (12) apply to the district court for injunctions to prevent violations of any laws that it administers or rules or orders adopted pursuant to those laws.

          C. The commission shall:

                (1) prepare an annual budget for submission to the legislature;

                (2) provide for surety bond coverage for all employees of the commission as provided in the Surety Bond Act and pay the costs of such bonds;

                (3) adopt rules to streamline the resolution of cases before it when appropriate by:

                     (a) the use of hearing examiners;

                     (b) the taking of evidence with the least delay practicable;

                     (c) limiting repetitious testimony; and

                     (d) adopting procedures for resolving cases in ways other than by trial-type hearings when appropriate, including consent calendars, conferences, settlements, mediation, arbitration and other alternative dispute resolution methods and the use of staff decisions; and

                (4) provide a toll-free telephone number and publish it and the commission's general telephone number in local telephone directories.

          D. A majority of the commission constitutes a quorum for the transaction of business; provided, however, that a majority vote of the commission is needed for a final decision of the commission."

     Section 2. Section 8-8-5 NMSA 1978 (being Laws 1998, Chapter 108, Section 5, as amended) is amended to read:

     "8-8-5. CHIEF OF STAFF--DIVISION DIRECTORS--OTHER STAFF.--

          A. The commission shall appoint a "chief of staff" who is responsible for the day-to-day operations of the commission staff under the general direction of the commission. The chief of staff shall [serve at the pleasure of the commission] have significant administrative, budgetary and regulatory experience and expertise and shall be appointed solely based on qualifications to perform the duties of the position and without reference to political party affiliation.

          B. The chief of staff may be removed only for cause by the commission.

          [B.] C. With the consent of the commission, the chief of staff shall appoint division directors. The chief of staff may remove a division director only for cause. Appointments shall be made without reference to party affiliation and solely on [the ground of fitness to perform the duties of their offices] qualifications to perform the duties of the position.

           [C.] D. Each director, with the consent of the chief of staff, shall employ such professional, technical and support staff as necessary to carry out the duties of his division. Employees shall be hired solely on the ground of their fitness to perform the job for which they are hired. Except as provided in Subsection [D] E of this section, division staff are subject to the provisions of the Personnel Act.

          [D.] E. With the consent of the chief of staff, the superintendent of insurance may designate the following insurance division positions as exempt from the provisions of the Personnel Act: deputy superintendents, chief actuaries and bureau chiefs."

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