N.M. Code R. § 19.10.14.1434 – Participation by the General Public

A. Any member of the general public may present comments in support of or in opposition to a petition at the hearing. Such comments may be given orally or in a signed written statement with 12 copies. Such comments will be included in the record but will not be admitted as evidence. The Commission may consider the comments with respect to the weight of the evidence presented by the parties or interested participants or with respect to interpretation of law or matters of public policy within the Commission's jurisdiction and discretion.
B. If written submittals are allowed following the hearing, then any member of the general public may offer additional comments during the time allowed for such submittals, which shall be considered in the same manner as provided in Subsection A of 19.10.14.1434 NMAC. Comments received after the deadline will not be included in the record.
C. Members of the general public cannot file motions, need not be served with motions or pleadings filed by the parties, and cannot conduct cross-examination of witnesses.
D. Any person who wishes to present evidence at the hearing as an interested participant shall, not later than 10 days prior to the hearing, file a statement of intent to present evidence and send a copy of the statement by first class mail to each party at the address of record with the Hearing Clerk. The Hearing Clerk shall provide any interested person with the names and mailing addresses of the parties upon request. The statement of intent shall include:
(1) the name of the person filing the statement;
(2) an indication of whether the person supports or opposes the Petition at issue;
(3) the name of each witness to be called at the hearing;
(4) an estimate of the length of the direct testimony of each witness;
(5) a summary or outline of the anticipated direct testimony of each witness; and
(6) a list of exhibits, if any, to be offered into evidence at the hearing.
E. Upon the request of any party, the interested participant shall, prior to the hearing, provide a list of documents or other information that provides the basis for the testimony described in the statement of intent to present evidence as an interested participant pursuant to Subsection D of 19.10.14.1434 NMAC. Discovery from an interested participant shall be as provided in NMSA 1978, Section 69-36-15(F)(1993).
F. A person who has submitted a statement of intent to present evidence as an interested participant pursuant to Subsection D of 19.10.14.1434 NMAC may testify, offer witnesses to testify, or request the admission of exhibits as evidence at the hearing as disclosed in the statement of intent to present evidence, and may participate as otherwise provided in this Part.
G. An interested participant may not expand the issues at the hearing beyond the issues contained in the pleadings filed by the parties, may not file motions, and is bound by any stipulations filed by the parties. The parties are not required to serve motions or pleadings on interested participants.
[6-30-99; 19.10.14.1434 NMAC – Rn, 19 NMAC 10.2.14.1434, 05-15-2001]
19.10.14.1435-19.10.14.1438 [RESERVED]
[6-30-99; 19.10.14.1435-19.10.14.1438 NMAC -- Rn, 19 NMAC 10.2.14.1435-1438, 05-15-2001]