1. A. The "public regulation commission", created in Article 11, Section 1 of the constitution of New Mexico, is composed of three commissioners appointed by the governor with the consent of the senate as provided in that article.
2. B. The commission shall annually elect one of its members chair, who shall preside at hearings. In the absence of the chair, the commission may appoint any other member to preside.

History: Laws 1998, ch. 108, § 3; § 8-8-3, recompiled and amended as § 62-19-3 by Laws 2020, ch. 9, § 17.

ANNOTATIONS

Recompilations. — Laws 2020, ch. 9, § 17 recompiled and amended former 8-8-3 NMSA 1978 as 62-19-3 NMSA 1978, effective January 1, 2023.

The 2020 amendment, effective January 1, 2023, changed the composition of the public regulation commission from five elected commissioners to three commissioners appointed by the governor, and made certain technical amendments; and in Subsection A, after "composed of", deleted "five" and added "three", after "commissioners", deleted "elected from districts" and added "appointed by the governor with the consent of the senate", and after "article", deleted "and the Public Regulation Commission Apportionment Act".

Consolidation of legal division and office of general counsel under a single manager. — The legal division of the public regulation commission and the office of general counsel may not be consolidated under a single attorney manager under any circumstances. 2012 Op. Att’y Gen. No. 12-06.

Single manager of the legal division and the office of general counsel. — The appointment of a single attorney to manage the legal division of the public regulation commission and the office of general counsel as separate units where the single attorney manager would remain a member of the office of general counsel and engage in advisory activities with commissioners while performing administrative functions for the legal division, such as scheduling work assignments, performance review, and hiring and discipline, is not permissible. 2012 Op. Att’y Gen. No. 12-06.

Movement of attorneys between the legal division and of the office of general counsel. — Although the Public Regulation Commission Act does not prohibit the routine movement of attorneys between the legal division and the office of general counsel, the movement of attorneys will implicate Rule 16-107 NMRA of the rules of professional conduct which will require each attorney to undertake a conflicts analysis before accepting any assignment to ensure that there is no significant risk that the attorney’s representation of the commission or a division will not be materially limited by the attorney’s responsibilities to other clients within the agency. 2012 Op. Att’y Gen. No. 12-06.