The secretary of energy, minerals and natural resources may hold a public hearing to determine whether an order or decision issued by the commission contravenes the public interest. The hearing shall be held within twenty days after the entry of the commission order or decision following a rehearing or after the order refusing a rehearing. The hearing shall be a de novo proceeding, and the secretary shall enter such order or decision as may be required under the circumstances, having due regard for the conservation of the state's oil, gas and mineral resources, and the commission shall modify its own order or decision to comply therewith. If a rehearing before the commission was granted, the record of the rehearing shall be made part of the record of the hearing before the secretary. If the application for rehearing was denied, the record of the hearing before the commission or the oil conservation division shall be made part of the record of the hearing before the secretary. Orders and decisions of the secretary may be appealed by any party to the original hearing or the rehearing before the commission or by any party to the hearing before the secretary held pursuant to this section, in accordance with the procedure of Subsections B, C and D of Section 70-2-25 NMSA 1978, except that the appeal shall not be a de novo proceeding and shall be limited to a review of the record of the hearing held pursuant to the provisions of this section.

History: 1953 Comp., § 65-3-22.1, enacted by Laws 1977, ch. 255, § 60; 1987, ch. 234, § 62.

The 1987 amendment, effective July 1, 1987, in the first sentence substituted "energy, minerals and natural resources" for "energy and minerals department" near the beginning and substituted "commission contravenes the public interest" for "oil conservation commission contravenes the department's statewide plan or the public interest" at the end; in the fifth sentence substituted "the commission or the oil conservation division" for "commission or the division"; in the middle of the sixth sentence substituted "Subsections B, C and D of Section 70-2-25 NMSA 1978" for "Subsections (b), (c) and (d) of Section 65-3-22 NMSA 1953"; and made minor changes in language throughout the section.

Section 70-2-225 NMSA 1978. — Section 70-2-225 NMSA 1978, as rewritten by Laws 1998, ch. 55, § 85, effective September 1, 1998, no longer contains a Subsection C or D, or specific procedures for appeal of commission orders or decisions. For former provisions, see the 1995 Replacement Pamphlet.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 369 et seq.

73A C.J.S. Public Administrative Law and Procedure §§ 166 to 171.