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SB 389: OIL & GAS RULE APPEAL REQUIREMENTS

An Act Relating To Oil And Gas; Enacting A New Section Of The Oil And Gas Act To Create Requirements For Adopting And Appealing Rules.

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MOD SB 389
OIL & GAS RULE APPEAL REQUIREMENTS

Legislative URL:
SB 389 on nmlegis.gov
Emergency Clause:
No
Germane:
N/A
Location:
Signed
Action:
[3] SCONC/SJC-SCONC [15] DP-SJC [30] DP/a [41] fl/a- PASSED/S (38-0) [43] HRPAC [46] DP - PASSED/H (55-0) SGND BY GOV (Apr. 10) Ch.133.
Issue(s):

Related Legislators

Bill Sponsor:

Related Documents

Downloads:
Introduced
SCONC Committee Report
SJC Committee Report
Senate Floor Amendment 1
Final Senate Vote
HRPAC Committee Report
Final House Vote
Fiscal Impact Report
Final Version
Summary

This bill enacts a new section of the Oil and Gas Act (§§70-2-1 NMSA 1978) providing that:

  • no rule may be adopted pursuant to the Oil and Gas Act until after a hearing by the Oil Conservation Commission (current law requires a hearing by the Oil Conservation Division not the Commission);
  • no rule may be filed until the latter of 20 days after the commission has entered an order or has refused a rehearing application; and
  • any person who is or may be affected by a rule adopted under the Oil and Gas Act may appeal to the court of appeals within 30 days after filing of the rule under the State Rules Act (current law does not have a specific process enumerated for appeals from rule adoption decisions). The appeal will be on the record made by the Commission.

 

One concern might be that rules would be adopted by a Commission of political appointees rather than staff who presumably have expertise and longevity with the agency. A second possible concern might be that the appeal would be on the record rather than de novo.

 

On March 11th the House Judiciary Committee amended SB-389 to limit the right to appeal to a party of record to the proceeding before the commission dissatisfied with the rule.

 

The HJC amendment raises an additional potential concern that the right of appeal may now be severely limited.

 

On March 16, 2015, the Senate amended the bill so that “Any party of record to the proceeding before the commission or any party adversely” affected by the rule in question may appeal.