New Mexico Register / Volume XXXVII, Issue 7 / April 7, 2026
TITLE 18 TRANSPORTATION
AND HIGHWAYS
CHAPTER 60 PIPELINE
CONSTRUCTION AND MAINTENANCE
PART 4 PIPELINE
SAFETY ENFORCEMENT PROCEDURES
18.60.4.1 ISSUING
AGENCY: New Mexico public regulation commission.
[18.60.4.1 NMAC - Rp, 18.60.4.1 NMAC 4/7/2026]
18.60.4.2 SCOPE:
This rule applies to all owners and operators
of gas and hazardous liquid pipelines and underground facilities, excavators,
and one-call notification systems in New Mexico subject to the jurisdiction of
the commission pursuant to applicable laws.
[18.60.4.2 NMAC - Rp, 18.60.4.1 NMAC 4/7/2026]
18.60.4.3 STATUTORY
AUTHORITY: Sections 62-14-9, 62-14-9.1, 62-14-10,
62-19-21, and 70-3-13 NMSA 1978.
[18.60.4.3 NMAC - Rp, 18.60.4.1 NMAC 4/7/2026]
18.60.4.4 DURATION: Permanent.
[18.60.4.4 NMAC - Rp,
18.60.4.1 NMAC 4/7/2026]
18.60.4.5 EFFECTIVE DATE: April 7, 2026 unless a later date is cited at
the end of a section.
[18.60.4.5 NMAC - Rp, 18.60.4.1 NMAC 4/7/2026]
18.60.4.6 OBJECTIVE: The purpose of this rule is to prescribe
procedures to administer and enforce Chapter 62, Article 14 NMSA 1978, and the
Pipeline Safety Act, Sections 70-3-11 to 70-3-20 NMSA 1978.
[18.60.4.6 NMAC - Rp, 18.60.4.1 NMAC 4/7/2026]
18.60.4.7 DEFINITIONS:
A. Definitions
beginning with “A”: [RESERVED]
B. Definitions beginning
with “B”: “bureau” means the pipeline safety bureau of the New Mexico
public regulation commission.
C. Definitions beginning
with “C”: [RESERVED]
D. Definitions beginning with “D”: [RESERVED]
E. Definitions beginning with “E”: [RESERVED]
F. Definitions beginning
with “F”: [RESERVED]
G. Definitions beginning with “G”: [RESERVED]
H. Definitions beginning with “H”: [RESERVED]
I. Definitions beginning with “I”: [RESERVED]
J. Definitions beginning with “J”: [RESERVED]
K. Definitions beginning with “K”: [RESERVED]
L. Definitions beginning with “L”: [RESERVED]
M. Definitions beginning with “M”: [RESERVED]
N. Definitions beginning with “N”: [RESERVED]
O. Definitions beginning with “O”: [RESERVED]
P. Definitions beginning with “P”: [RESERVED]
Q. Definitions
beginning with “Q.”: [RESERVED]
R. Definitions beginning with “R”: “respondent” means an
owner or operator of gas or hazardous liquid pipelines or underground
facilities, an excavator, or a one-call notification system.
S. Definitions beginning with “S”: “staff” means employees of the
pipeline safety bureau of the New Mexico public regulation commission.
T. Definitions beginning with “T”: [RESERVED]
U. Definitions beginning with “U”: [RESERVED]
V. Definitions beginning with “V”: [RESERVED]
W. Definitions beginning with “W”: [RESERVED]
X. Definitions beginning with “X”: [RESERVED]
Y. Definitions beginning with “Y”: [RESERVED]
Z. Definitions beginning with “Z”: [RESERVED]
[18.60.4.7 NMAC - Rp, 18.60.2.7 NMAC, 4/7/2026]
18.60.4.8 INSPECTIONS
AND INVESTIGATIONS:
A. Pipelines:
(1) Staff is authorized to enter upon,
inspect, and examine, at reasonable times and in a reasonable manner, those
written procedures, plans, records, and pipeline facilities of an owner or
operator relevant to determining whether the owner or operator is in compliance
with applicable laws.
(2) Staff may conduct an inspection
pursuant to:
(a) scheduling by staff;
(b) a written complaint received from a
member of the public;
(c) information obtained from a previous
inspection;
(d) an accident or incident; or
(e) whenever the commission or the
director deems it appropriate.
(3) If, after an inspection, staff
believes that further information is needed to determine appropriate action,
staff may request specific information from the owner or operator. The owner or operator shall answer the request
within 30 days of its receipt, unless staff determines extenuating
circumstances require a shorter response period.
(4) The
commission may, subject to applicable laws, require testing of portions of
facilities that have been involved in, or affected by, an incident or
accident. The commission shall make
every effort to negotiate with the owner or operator of the facility a mutually
acceptable testing protocol.
(5) When the information obtained from an
inspection, investigation, or from other appropriate sources indicates that
further corrective action is warranted, the bureau chief shall issue a notice
of probable violation or notice of intent to issue a hazardous facility order,
as appropriate.
B. Excavation: A one-call notification system, underground
facility operator or owner, excavator, or project owner, as appropriate, shall,
upon reasonable notice and presentation of identification, grant staff access
to:
(1) an excavation site for the purpose of
previewing, observing, or examining an excavation activity;
(2) all records pertaining to an
excavation activity that are in the possession of the one-call notification
system, underground facility operator or owner, excavator, or project owner.
[18.60.4.8 NMAC - Rp, 18.60.2.8 NMAC, 4/7/2026]
18.60.4.9 SERVICE OF PROCESS: Whenever this rule requires notice or other
process to be served on a respondent, the notice or other process shall be
served at the last known email or physical address(es) of the respondent.
[18.60.4.9 NMAC - Rp, 18.60.2.9 NMAC, 4/7/2026]
18.60.4.10 NOTICE OF PROBABLE VIOLATION:
A. Except as otherwise provided in
Section 70-3-19 NMSA 1978, the bureau chief shall begin an enforcement
proceeding by instructing staff to serve a notice of probable violation on the
respondent.
B. The bureau chief may instruct
staff to also serve a notice of probable violation of applicable laws to the respondent or the respondent’s agent
at an excavation site. In such case, the
bureau chief shall also serve the notice of probable violation by electronic
mail or regular mail on the respondent as prescribed in 18.60.4.9 NMAC.
C. The bureau chief shall develop
enforcement guidelines to determine administrative or civil penalties or other
sanctions in accordance with all relevant and applicable laws.
D. A notice of probable violation shall
include a statement of those provisions of applicable laws that the respondent
is alleged to have violated, a statement of the evidence upon which the
allegations are based, a summary of administrative or civil penalties or other
sanctions, a statement that the respondent may request a settlement conference
within 30 days of receipt of the notice of probable violation, and instructions
regarding how the respondent may request a settlement conference. A respondent shall respond to the allegations
in writing within 30 days of receipt of
the notice of probable violation. The
bureau chief may, in their discretion and in accordance with applicable laws,
grant or deny a request for a settlement conference.
E. If, in their discretion, the bureau
chief determines that a settlement conference would be useful, the notice of
probable violation shall also contain a date, time and location for a
settlement conference, and a statement that if the respondent fails to appear
for the settlement conference, the respondent will be deemed to have admitted
the violation.
F. The bureau chief may instruct staff to
amend a notice of probable violation at any time prior to issuance of a final
order.
[18.60.4.10 NMAC - Rp, 18.60.2.10 NMAC, 4/7/2026]
18.60.4.11 ATTORNEY REPRESENTATION: In settlement conferences, commission
hearings conducted pursuant to this rule, and arbitrations and mediations
conducted pursuant to 18.60.5 NMAC, respondents shall be represented as
provided in this section.
A. An individual or sole proprietorship
shall appear in person on his or her own behalf or may be represented by an
attorney.
B. A partnership with fewer than 10
partners, whether limited or general, who are all natural persons, may appear
and be represented by an attorney or by a general partner or manager who has
been authorized by the general partnership to do so.
C. A limited liability company with
fewer than 10 members, who are all natural persons, may appear and be
represented by an attorney or by a manager or member who has been authorized by
the limited liability company to do so.
D. A corporation whose voting shares are
held by a single shareholder or closely knit group of shareholders who are all
natural persons active in the operation of the business may appear and be
represented by an attorney or by an officer or manager who has been authorized
by the corporation to do so.
E. All other persons shall be
represented by an attorney.
[18.60.4.11 NMAC - Rp, 18.60.4.11 NMAC 4/7/2026]
18.60.4.12 SETTLEMENT
CONFERENCES:
A. The
bureau chief, or their designee, may conduct a settlement conference with the
respondent at the date, time and in the manner set forth in the notice of
probable violation, or at such other time agreed to by the bureau chief or
their designee and the respondent. At
the settlement conference, the bureau chief or designee shall explore with the
respondent the facts of the probable violation and the possibility of reaching
an agreed upon resolution, which may include dismissal or a voluntary
settlement agreement with administrative or civil penalties or other sanctions.
B. Voluntary dismissal: If the bureau chief and respondent agree to
dismiss the notice of probable violation, the director shall issue a letter
dismissing the probable violation which shall resolve the matter.
C. Voluntary settlement agreement: If the bureau chief and respondent agree to
settle, the bureau chief and respondent shall enter into and sign a written
settlement agreement which shall resolve the matter. The written settlement agreement shall
include any administrative or civil penalties or other sanctions and the
respondent’s knowing waiver of his right to a formal hearing. The written settlement agreement, signed by
the parties, shall be filed with the commission.
D. Failure to settle: If the respondent appears at the settlement
conference but does not agree to terms and conditions that are satisfactory to
the bureau chief, the bureau chief shall request a hearing before the
commission pursuant to 18.60.4.16 NMAC or file a petition in district court for
injunctive action subject to 70-3-19 NMSA 1978.
E. Failure to appear. If the respondent fails to appear for the
settlement conference, the respondent will be deemed to have admitted the
violation. Within 10 days, the bureau
chief may serve on respondent a determination of violation. The determination shall include notice of the
respondent’s right to appeal pursuant to 18.60.4.16 NMAC.
F. Alternative procedures: The bureau chief may instruct staff to
request a hearing before the commission or file a petition in district court
for injunctive action without offering to hold a settlement conference.
G. Approval by the commission: If the commission has not acted within 45 days
of the filed agreement, the agreement is deemed approved, unless the commission
determines there is good cause to extend the period in which it may act upon
the agreement.
[18.60.4.12 NMAC - Rp, 18.60.2.12 NMAC, 4/7/2026]
18.60.4.13 DISPOSITIONAL HEARINGS:
[RESERVED}
18.60.4.14 ALTERNATIVE
DISPUTE RESOLUTION:
A. The commission encourages owners and
operators of underground facilities, project owners, project engineers, and
excavators to privately negotiate and settle disputes arising from excavation
damage to underground facilities and construction or design expenses related to
improper underground facility location.
B. In the event the parties are
unable to resolve such disputes privately, any owner or operator of underground
facilities, project owner, project engineer, or excavator may request mediation
or arbitration from the commission.
C. Staff, and their attorneys, may
participate in mediation or arbitration proceedings.
D. In mediation and arbitration
proceedings, persons shall be represented in accordance with the requirements
of 18.60.4.11 NMAC.
[18.60.4.14 NMAC - N, 4/7/2026]
18.60.4.15 STIPULATION: [RESERVED]
18.60.4.16 MEDIATION
OF EXCAVATION DAMAGE DISPUTES:
A. Designation of mediator. If any of the parties request mediation, the
commission shall designate a mediator.
The mediator may be a permanent or temporary employee of the commission
or another state agency or any other individual acceptable to the parties,
including the bureau chief or designee.
If the parties request a mediator who is not an employee of the
commission, the commission shall not approve the request unless the parties
agree in writing to bear as their own the costs of obtaining the mediator's
services. The mediator shall have no
official, financial, or personal conflict of interest with respect to the
issues in controversy, unless such interest is fully disclosed in writing to
all parties at the time the mediator is assigned by the commission and all
parties agree that the mediator may serve.
The mediator shall not, subsequent to serving as a mediator in an
excavation damage dispute, participate in any subsequent proceeding in the same
cause as a hearing examiner, advisory staff, staff counsel or expert witness,
or as an attorney, expert witness, or representative of any party to the
proceeding.
B. Duties of mediator: The mediator shall notify the parties by
telephone or mail of the time and place of the mediation conference, which will
be held at commission offices unless otherwise directed by the mediator. The notice may direct the parties to send the
mediator, but not other parties, their settlement positions and other necessary
information that could facilitate the mediation conference, including the
results of staff's investigation of the damage. In addition, the mediator may
require counsel to have their clients present at the mediation conference or
accessible by telephone. The mediation
conference shall be held within 20 days of the date of the notice unless the
mediator determines good cause is shown for an extension. If the parties are able to reach a settlement
of their dispute, in appropriate cases the mediator shall assist the parties in
preparing a written agreement to reflect that resolution. The written settlement agreement, signed by
the parties, shall be filed with the commission.
If the parties are unable to reach a complete
settlement of their dispute, the mediator shall advise the parties that they
may request arbitration or file an action for civil liability for damages in
district court.
C. Inadmissibility of settlement offers: Offers of settlement and statements in
furtherance of settlement made in the course of mediation are privileged and,
except by agreement among all parties, shall not be admissible as evidence in
any formal hearing before the commission nor disclosed by the mediator
voluntarily or through discovery or compulsory process.
D. Approval by the commission: If the commission has not acted within 45 days
of the filed agreement, the agreement is deemed approved, unless the commission
determines there is good cause to extend the period in which it may act upon
the agreement.
[18.60.4.16 NMAC - N, 4/7/2026]
18.60.4.17 BINDING
ARBITRATION OF EXCAVATION DAMAGE DISPUTES:
A. Request for arbitration: Any party to a dispute arising from
excavation damage to underground facilities may request binding arbitration of
the dispute. The request shall be in
writing to the commission and shall include a concise statement of the grounds
for the dispute, the remedy sought, and an acknowledgment that the requesting
party agrees to be bound by the decision of the arbitrator. The commission shall forward the request for
arbitration to all other parties and require that they submit a written
response within 10 days of receipt of the commission's letter forwarding the
request.
(1) If the other parties agree to
arbitration of the dispute, they shall include in their response to the
commission a concise statement of their position with regard to the merits of
the dispute and an acknowledgment that they agree to be bound by the decision
of the arbitrator.
(2) If the other parties will not agree to
arbitration, they shall so state in their response.
(3) If the other parties either fail to
respond to a request for arbitration or do not agree to arbitration, the
requesting party retains the right to proceed with an action for civil
liability for damages in district court.
B. Designation of arbitrator: If all parties agree to arbitration, the
commission shall designate an arbitrator.
The arbitrator may be a permanent or temporary employee of the
commission or another state agency or any other individual who is acceptable to
the parties to the dispute. The
designated arbitrator shall have no official, financial or personal conflict of
interest with respect to the issues in controversy, unless such interest is
fully disclosed in writing to all parties at the time of the commission's
designation and all parties agree that the arbitrator may serve. The parties shall be required to indicate
their consent in writing to the designated arbitrator within ten days of the
date of the commission's letter of designation.
If the parties request an arbitrator who is not an employee of the
commission, the commission shall not approve the request unless the parties
agree in writing to bear as their own the costs of obtaining the arbitrator’s
services. Any employee of the commission
designated to arbitrate a dispute under these provisions shall not participate
in any subsequent proceeding in the same cause regarding excavation damage to
underground facilities as a hearing examiner, advisory staff, staff counsel, or
expert witness or as an attorney, expert witness, or representative of any
party to the proceeding.
C. Duties of arbitrator:
(1) The arbitrator shall render a decision
in the arbitration proceeding within 60 days of the date the parties approved
the arbitrator, unless good cause exists to extend the time.
(2) The arbitrator shall fix a time and
place for an arbitration and shall serve notice of arbitration on all parties
at least 10 days in advance of the arbitration.
The arbitrator may issue subpoenas for the attendance of witnesses and
for the production of books, records, documents, and other evidence and shall
have the power to administer oaths. The
parties may offer such evidence and produce such additional evidence as the arbitrator
may deem necessary to an understanding and determination of the dispute. The arbitrator shall decide the relevancy and
materiality of the evidence offered. The
arbitrator shall give consideration to but shall not be bound by the New Mexico
rules of evidence. No stenographic or
electronic record will be made of the testimony at the hearing unless requested
by a party, who shall bear the cost of the record.
(3) The arbitrator shall permit discovery
only if it will not unduly complicate, burden, or impede the expeditious and
informal nature of the proceeding.
(4) At the close of or soon after the
hearing, the arbitrator will issue a brief written decision, which need not
contain findings of fact and conclusions of law, and shall be filed with the
commission. The arbitrator's decision
will be binding on the parties, but will not be deemed a decision of the
commission and shall have no precedential effect.
D. Inadmissibility of settlement
offers: Unless agreed to by all the
parties, no statements, admissions, or offers of settlement made during the
course of arbitration proceedings shall be admissible as evidence in any formal
proceeding nor shall the arbitrator disclose the same voluntarily or through
discovery or compulsory process. Nothing
in this section, however, shall preclude the arbitrator from issuing a brief
written decision describing his conclusions and the bases for them.
E. Approval by the commission: If the commission has not acted within 45 days
of the filed written decision, the arbitrator’s decision is deemed approved,
unless the commission determines there is good cause to extend the period in
which it may act upon the decision.
[18.60.4.17 NMAC - N, 4/7/2026]
18.60.4.18 HEARINGS
BEFORE THE COMMISSION:
A. Request for hearing:
(1) By the bureau chief: At any time after a notice of probable violation
has been served on the respondent, the bureau chief may request a hearing
before the commission.
(2) By the respondent: A respondent may appeal a determination made
by the bureau chief pursuant to Subsection D of 18.60.4.12 NMAC or by filing a
request for hearing before the commission.
The respondent shall file the appeal with the docket filing unit of the
commission within 30days of the date the bureau chief’s determination is mailed
to the respondent. The appeal shall be
in writing and signed by the respondent and shall set forth the factual basis
for the appeal and the nature of the relief requested. An appeal may request a stay of the
director’s determination pending a decision of the commission.
B. Notice of hearing:
(1) The commission shall:
(a) fix a time and location for a public
hearing on the alleged violations; and
(b) serve notice of the hearing upon the respondent
by mail as prescribed by 18.60.4.9 NMAC not less than 10 days prior to the date
of the hearing with copies of the notice of probable violation, staff’s
inspection reports, and any third party complaints or damage reports.
(2) The notice shall state in boldface
type that failure to appear at the hearing may result in a default judgment and
the imposition of administrative or civil penalties or other sanctions.
C. Hearing procedures: The commission may appoint a hearing examiner
or may hear the matter itself. The
commission or hearing examiner shall conduct the hearing in accordance with the
commission rules of procedure, 1.2.2 NMAC.
If a hearing examiner conducts the hearing, the hearing examiner shall
submit to the commission a recommended decision with findings of fact and
conclusions of law.
[18.60.4.18 NMAC - Rp, 18.60.4.14 NMAC, 4/7/2026]
18.60.4.19 FINAL
ORDER: After a hearing before the commission
pursuant to 18.60.4.16 NMAC, and the consideration of any exceptions pursuant
to the commission rules of procedure 1.2.2 NMAC, the commission shall issue a
final order that may include:
A. findings of fact and conclusions of
law;
B. the amount of the penalty and the
procedure for its payment, if a civil or administrative penalty is assessed;
and
C. a statement of the actions required
to be taken by the respondent and the time by which each action must be
accomplished.
[18.60.4.19 NMAC - Rp, 18.60.4.16 NMAC, 4/7/2026]
18.60.4.20 PAYMENT
OF PENALTY:
A. A respondent shall pay an
administrative or civil penalty agreed to in a voluntary settlement agreement,
the bureau chief’s notice of probable violation letter, assessed in a bureau chief’s final or default disposition pursuant to
18.60.4.13 NMAC, or by commission final order via certified check or money order made payable
to the New Mexico public regulation commission and shall submit the payment to
the address provided by the commission.
B. If a respondent fails to pay the full
amount of an administrative or civil penalty within 20 days of receipt of a
director’s disposition or commission final order, or other time frame specified
in the disposition or order, the commission or director may file an action in
district court to collect the assessed penalty.
[18.60.4.20 NMAC - Rp, 18.60.4.17 NMAC, 4/7/2026]
18.60.4.21 REFERRAL
FOR PROSECUTION: If an employee of the pipeline safety bureau
of the commission becomes aware of any actual or possible activity subject to
criminal penalties under Section 70-3-19 NMSA 1978, the employee shall report
such actual or possible activity to the office of the attorney general for the
state of New Mexico.
[18.60.4.19 NMAC - Rp, 18.60.4.18 NMAC, 4/7/2026]
History of 18.60.4 NMAC:
Pre-NMAC History: The material
in this rule was derived from that previously filed with the Commission of
Public Records-State Records Center and Archives.
SCC 69-29, Order No. 2966, Cause No.516, filed
9/24/1969.
SCC 71-2, Amended Order No. 2966, Cause No.516, filed
3/1/1971.
SCC 72-1, Amended Order No. 3096, Cause No.516, filed
1/12/1972.
SCC 77-2, Order No. 3096-C, Docket No.750, filed
3/4/1977.
SCC 79-4, Regulations Relating to Minimum Safety
Standards for the Transportation of Natural and other Gas by Pipeline, filed
6/27/1979.
SCC 84-9-PL, Regulation for the Transportation of
Natural and other Gas by Pipeline - Minimum Standards, filed 11/26/1984.
History of Repealed Material: 18 NMAC 60.1,
General Provisions; 18 NMAC 60.2, Reports Required for New Master Meters and
Third Party Damage; 18 NMAC 60.3, Requirement of Filing of Procedural Manual;
18 NMAC 60.4, Classification and Repair of Leaks; 18 NMAC 60.5, Pipeline Safety
Program Procedures; 18 NMAC 60.6, Transportation of Natural and Other Gas by
Pipeline: Minimum Federal Safety
Standards: Annual and Incident Reports;
18 NMAC 60.7, Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards; 18 NMAC
60.8, Transportation of Hazardous Liquids by Pipeline; 18 NMAC 60.9, Pipeline
Safety Regulations: Drugs & Alcohol
Testing; 18 NMAC 60.10, Procedures for Transportation Workplace Drug &
Alcohol Testing Programs (all filed 5/1/1996) repealed 7/1/2003.
18.60.4 NMAC, Pipeline Safety Enforcement Procedures
filed 6/27/2006, Repealed effective 4/7/2026.
Other History:
SCC 84-9-PL, Regulation for the Transportation of
Natural and other Gas by Pipeline - Minimum Standards, filed 11/26/1984, was
renumbered into first version of the New Mexico Administrative Code as 18 NMAC
60.1 through 18 NMAC 60.10, effective 6/5/1996.
18 NMAC 60.1 through 18 NMAC 60.10 (all filed
5/1/1996), were replaced by 18.60.2 NMAC, Pipeline Safety, effective 7/1/2003.
Those applicable portions of 18.60.2 NMAC, Pipeline
Safety (filed 6/16/2003) replaced by 18.60.4 NMAC, Pipeline Safety Enforcement
Procedures, effective 7/17/2006.
18.60.4 NMAC, Pipeline Safety Enforcement Procedures
filed 6/27/2006, Replaced by18.60.4 NMAC, Pipeline Safety Enforcement
Procedures effective 4/7/2026.