As used in this rule:

1. A. advisory staff means a person hired by the chief of staff, with the consent of the commission, with expertise in regulatory law, engineering, economics or other professional or technical disciplines, to advise the commission on any matter before the commission, including a member of the commission’s office of general counsel or an expert or staff hired by the chief of staff on a temporary, term or contract basis for a particular case, but not including persons hired by an individual commissioner who serve at the pleasure of that commissioner;

2. B. ex parte communication means a direct or indirect communication with a party or his representative, outside the presence of the other parties, concerning a pending rulemaking after the record has been closed or a pending adjudication, that deals with substantive matters or issues on the merits of the proceeding, including any attachments to a written communication or documents shown in connection with an oral presentation that deals with substantive matters or issues on the merits of the proceeding;

   (1) ex parte communications do not include:

   (a) statements made by commissioners, hearing examiners, or advisory staff that are limited to providing publicly available information about a pending adjudication or rulemaking after the record has been closed; or

   (b) inquiries relating solely to the status of a proceeding, including inquiries as to the approximate time that action in a proceeding may be taken;

   (2) ex parte communications include a status inquiry which states or implies:

   (a) a view as to the merits or outcome of a rulemaking after the record has been closed or a pending adjudication;

   (b) a preference for a particular party, or a reason why timing is important to a particular party;

   (c) a view as to the date by which a proceeding should be resolved; or

   (d) a view which is otherwise intended to address the merits or outcome, or to influence the timing, of a pending adjudication or rulemaking after the record has been closed;

3. C. hearing examiner means a person appointed by the commission pursuant to NMSA 1978 Section 8-8-14 to preside over any matter before the commission, including rulemakings, adjudicatory hearings and administrative matters, and provide the commission with findings of fact, conclusions of law, and a recommended decision on the matter assigned;
4. D. non-adjudicatory notice of inquiry means a proceeding commenced by the commission’s issuance of a notice entitled “non-adjudicatory notice of inquiry” for the purpose of inquiring into issues of broad applicability to consumers or regulated entities, or to a class or type of consumers or regulated entities, with a view toward possible future rulemaking or other procedures where the proceeding does not directly concern a dispute between particular parties or company-specific regulatory issues;

5. E. party, unless otherwise ordered by the commission, means:

   (1) a person who has been given formal party status;

   (2) a person who has submitted to the commission a filing seeking affirmative relief, including, but not limited to, an application, waiver, motion, tariff change or petition;

   (3) a person who has filed a formal complaint, petition for order to show cause, petition for investigation or petition for notice of inquiry;

   (4) the subject of a formal complaint, order to show cause, investigation or notice of inquiry;

   (5) members of the general public, after the issuance of an order closing the record in a rulemaking proceeding; and

   (6) staff of the commission’s utility division, transportation division, or insurance division directed by statute to represent the public interest in a proceeding before the commission;

6. F. pending adjudication means any matter docketed, or, in the case of a party represented by counsel, any matter that an attorney representing such party reasonably believes will be docketed, before the commission, including, but not limited to, formal complaint proceedings, show cause proceedings, investigations, notices of inquiry other than non-adjudicatory notices of inquiry, application proceedings, petitions, and any matter other than a rulemaking or a non-adjudicatory notice of inquiry requiring decision or action by the commission.

[1.2.3.7 NMAC - N, 7-15-04; A, 9-1-08]