Justia Government & Administrative Law Opinion Summaries

While working for Vista Care (Employer), appellant Sherrie Fowler suffered a back injury. Appellant began receiving TTD and subsequently underwent back surgery. Several years later, a physician determined that appellant reached maximum medical improvement (MMI). This case began when appellant filed a complaint with the Workers' Compensation Act (WCA) in 2010, for reinstatement of her TTD benefits and for an increase in her PPD rating. The Court of Appeals held that the Act limited appellant's eligibility for TTD benefits to 700 weeks of benefits and reversed a contrary decision of the Workers’ Compensation Administration judge. Upon review of the matter, the Supreme Court concluded that the Act imposed no such limitation; TTD benefits are payable during any period of total disability for the remainder of a worker’s life. View "Fowler v. Vista Care" on Justia Law

On appeal to the Supreme Court was a final order of the New Mexico Public Regulation Commission authorizing Running Bear, d/b/a Rocky Mountain EMS, to provide permanent motor transport authority for non-emergency ambulance transport services in Bernalillo County. Appellants argued that the final order was arbitrary and capricious because Rocky Mountain failed to satisfy the statutory requirements part of the New Mexico Motor Carrier Act. Intervening party AMR argues that any fitness issues relating to Rocky Mountain were moot following AMR’s purchase of the operating license. After its review, the Supreme Court held that fitness issues relating to Rocky Mountain were not moot and that the final order issued by the Commission was arbitrary and capricious. Therefore, the Court vacated the final order of the Commission and revoked the original certificate endorsement allowing Rocky Mountain to provide non-emergency ambulance transport services in Bernalillo County. View "Bernalillo Co. Health Care Corp. v. N.M. Public Regulation Comm." on Justia Law

The New Mexico Public Regulation Commission (PRC) granted Green Cab, LLC d/b/a Green Cab Co., (Green Cab) a certificate of authority to provide taxi service within Bernalillo County and to the rest of the state. Albuquerque Cab Co. (ABQ Cab) and Yellow Checker Cab appealed the grant of that certificate. On appeal, ABQ Cab and Yellow Cab asserted that the PRC erred by: (1) not scheduling a hearing on whether Green Cab should be issued the certificate; (2) denying their motions to intervene as "interested persons" in the Green Cab proceedings; (3) granting Green Cab authority to operate a taxi service; and (4) issuing Green Cab temporary authority to operate a taxi service in Bernalillo County to all parts of the state. After careful consideration, the Supreme Court held that the PRC committed reversible error by not holding a public hearing in which ABQ Cab and Yellow Cab could participate as intervenors, contrary to the statutory requirements of the Motor Carrier Act. Because the PRC did not follow the required procedure, the Court did not address the remaining arguments regarding Green Cab’s temporary or permanent authority. View "Albuquerque Cab Co. v. NMPRC" on Justia Law

Petitioners were retired teachers, professors and other public education employees who sought a writ of mandamus against the New Mexico Education Retirement Board (ERB). They sought to compel the ERB to pay them an annual cost-of-living adjustment (COLA) to their retirement benefits, calculated according to the statutes “in effect at the time of Petitioners’ date of maturity of their rights,” instead of the current statutes as recently modified by the Legislature. Upon review, the Supreme Court concluded the New Mexico Constitution affords Retirees no such right, and therefore denied the writ of mandamus. View "Bartlett v. Cameron" on Justia Law

The issue before the Supreme Court in this case centered on whether defendant professional corporations and a limited liability company were "health care providers" as defined by the state Medical Malpractice Act so as to be able to receive the Act's benefits. The Court of Appeals determined that though Defendants did not literally meet the Act's definition of "health care provider," it nonetheless held that Defendants were health care providers under the Act because a strict adherence to the plain language of the definition would conflict with legislative intent. Although the Court of Appeals reached the same conclusion, the Supreme Court disagreed with the Court's determination that the definition of "health care provider" literally excludes Defendants. The Supreme Court concluded that several provisions in the Act indicated that the Legislature intended professional medical organizations like Defendants to be covered by the Act. Accordingly, the Court affirmed the Court of Appeals but on different grounds. View "Baker v. Hedstrom" on Justia Law

Appellants, the New Mexico Attorney General and New Mexico Industrial Energy Consumers, asked the Supreme Court to vacate and annul the final order in PRC Case No. 11-00308-UT (Case 308 Final Order) because it permitted Public Service Company of New Mexico (PNM) to earn returns on the operating expenses incurred from energy efficiency programs. Appellants argue that such returns are inconsistent with New Mexico law. Upon review, the Supreme Court held that Case 308 Final Order was consistent with the PRC’s ratemaking authority under the New Mexico Public Utility Act, the New Mexico Efficient Use of Energy Act, and with the Court's holding in "Attorney General v. New Mexico Public Regulation Commission" (258 P.3d 453). Furthermore, the Court held that Case 308 Final Order was supported by substantial evidence and was neither arbitrary nor capricious. Accordingly, the Court affirmed the Case 308 Final Order. View "NMAG v. NMPRC" on Justia Law

In July 2009, attorney Claude Convisser filed a petition to initiate a Santa Fe County grand jury proceeding. Convisser's petition sought an investigation of a "suspicion of criminal fraud" in connection with the activities of "[Jeffrey] Harbour and his cohorts" in obtaining a will from Frances Harwood shortly before her death in 2003 that gave Harbour control of Harwood's two nonprofit organizations, EcoVersity and Prajna Foundation. Convisser sought to compel a grand jury investigation through a citizens' petition after the New Mexico Attorney General and the Santa Fe District Attorney separately declined his requests to pursue the matter. When Convisser filed his grand jury petition in district court, he included the affidavit of the Santa Fe County Clerk, whom he asked to verify that his petition signatories were Santa Fe County registered voters. In her affidavit, the County Clerk stated (1) that Convisser needed the signatures of 1770 registered voters in order to meet the constitutional requirement; (2) that the names of 68% were the same as names of people who appeared on Santa Fe County's voter registration rolls; (3) the Clerk could not verify that any of the petition's signatories were actually registered voters, because the petition failed to include the signatories' addresses. The district court ultimately rejected the petition, and Convisser appealed. Upon review, the Supreme Court concluded that the district court did not abuse its discretion in this case by rejecting the grand jury petition whose signatories were not confirmed to be registered voters. View "Convisser v. Ecoversity" on Justia Law

Horace Bounds farmed in the Mimbres basin. Along with the New Mexico Farm and Livestock Bureau, Petitioners brought a facial constitutional challenge against the New Mexico Domestic Well Statute (DWS). Petitioners contended that the DWS violated the New Mexico constitutional doctrine of prior appropriation as well as due process of law. Petitioners' won at the district court level, but not at the Court of Appeals. Agreeing with the substance of the appellate court's opinion, the Supreme Court affirmed, holding the DWS does not violate either the doctrine of prior appropriation set forth in the New Mexico Constitution or the guarantees of due process of law. View "Bounds v. State ex rel. D'Antonio" on Justia Law

James Palenick was hired by the City of Rio Rancho to serve as City Manager. This appeal stemmed from his termination and whether Palenick was estopped from suing the City for breach of contract based on an alleged violation of the Open Meetings Act (OMA). The Supreme Court found that there was substantial evidence to support the district court's finding that Palenick waived his right to sue on the contract claim. View "Palenick v. City of Rio Rancho" on Justia Law

Respondent Magistrate Judge James Naranjo placed a phone call on behalf of his stepson Albert Hernandez who was a party in a child-support enforcement proceeding assigned to another judge. After Mr. Hernandez was jailed for nonpayment of support, respondent called the judge presiding over Hernandez's case stating Hernandez was not a flight risk, and requested that Hernandez's bond be reduced, or that he be released from custody. As a result, the judge in Hernandez's case recused himself. The Judicial Standards Commission filed charges against respondent for willful misconduct, and recommended the imposition of discipline. The Supreme Court granted the Commission's petition and imposed a ninety-day suspension (60 days deferred), and a public censure. View "In the Matter of Naranjo" on Justia Law