After the conclusion of any hearing the commission shall make and file its findings and order. The findings of fact shall consist only of such ultimate facts as are necessary to determine the controverted questions presented by the proceeding. Such findings shall be separately stated and numbered, and each thereof shall state briefly and plainly an ultimate fact necessary to determine a controverted question; and there shall be such a finding of fact as to each of the controverted questions presented by the proceeding. The order of the commission shall be based upon said findings of fact, and a copy of the findings of fact and of the order, certified under the seal of the commission, shall be served upon the person against whom it runs, or his attorney, and notice thereof shall be given to the other parties to the proceeding or their attorneys. Said order shall take effect and become operative thirty days after the service thereof, unless otherwise provided. If an order cannot in the judgment of the commission be complied with within thirty days, the commission may grant and prescribe such additional time as in its judgment is reasonably necessary to comply therewith, and may, on application and for good cause shown, extend the time for compliance fixed in its order.
History: Laws 1941, ch. 84, § 63; 1941 Comp., § 72-814; 1953 Comp., § 68-8-14.
ANNOTATIONSCompiler's notes. — Sections 62-10-1 to 62-10-6, 62-10-8 to 62-10-14 and 62-10-16 of the Public Utility Act are still effective as the repeal of Chapter 62, Article 6 by Laws 1998, Chapter 108, Section 82, effective July 1, 2003 Chapter 108, Section 82 was repealed prior to taking effect by Chapter 23, Section 1, Laws 2003. Although Laws 2003, Chapter 336, Section 8, amended Laws 1998, Chapter 82, as amended, an amendment of a repealed section is ineffective. See Quintana v. N.M. Dep't of Corrs., 100 N.M. 224, 668 P.2d 1101 (1983). Laws 2003, Chapter 416, Section 5 also repealed Laws 1998, Chapter 108, Section 82, as amended, a second time, however, that repeal is of no effect as the section had previously been repealed by Chapter 23, Section 1, Laws 2003.
Requiring exhaustion of administrative remedies is constitutional. — The requirement of the Public Utility Act that a person first exhaust his administrative remedy before resorting to the courts does not violate N.M. Const., art. VI, § 13, granting general jurisdiction to the district courts except as elsewhere limited in such constitution. Smith v. Southern Union Gas Co., 1954-NMSC-033, 58 N.M. 197, 269 P.2d 745.
This section requires only a finding of an ultimate fact, and where that fact is found, the supreme court cannot interpret it to require any additional basis for the commission's order. International Minerals & Chem. Corp. v. N.M. Pub. Serv. Comm'n, 1970-NMSC-032, 81 N.M. 280, 466 P.2d 557.
This section requires that the commission find only ultimate facts and does not require it to give reasons for its decision. The ultimate fact is the logical result of the proofs reached by reasoning from the evident facts. It is a conclusion of fact. International Minerals & Chem. Corp. v. N.M. Pub. Serv. Comm'n, 1970-NMSC-032, 81 N.M. 280, 466 P.2d 557.
Unnecessary but erroneous findings of fact are not grounds for reversal. — Erroneous findings of fact, unnecessary to support the decision of a court, are not grounds for reversal. International Minerals & Chem. Corp. v. N.M. Pub. Serv. Comm'n, 1970-NMSC-032, 81 N.M. 280, 466 P.2d 557.
Failure to number findings not grounds for reversal. — That the findings were unnumbered would not justify a reversal on the grounds that the requirements of this section were not followed. International Minerals & Chem. Corp. v. N.M. Pub. Serv. Comm'n, 1970-NMSC-032, 81 N.M. 280, 466 P.2d 557.
Moving party has burden of proof. — Although this section does not specifically place any burden of proof on the complainant, the courts have uniformly imposed on administrative agencies the customary common-law rule that the moving party has the burden of proof. International Minerals & Chem. Corp. v. N.M. Pub. Serv. Comm'n, 1970-NMSC-032, 81 N.M. 280, 466 P.2d 557.
Burden of proving rate discrimination not met. — Where commission found that no unreasonable discrimination existed between rates charged to complainant's classification of service and to respondent's classifications of service, complainant failed to sustain the burden of proving unlawful or unreasonable discrimination as to rates charged to various members of its own classification. International Minerals & Chem. Corp. v. N.M. Pub. Serv. Comm'n, 1970-NMSC-032, 81 N.M. 280, 466 P.2d 557.
Commission is not bound by opinions of experts so long as the commission's ultimate decision is supported by substantial evidence. Attorney Gen. v. N.M. Pub. Serv. Comm'n, 1984-NMSC-081, 101 N.M. 549, 685 P.2d 957.
Commission is only required to find ultimate fact: it is not required to give reasons for its decision or to make a finding that is not an ultimate finding. Attorney Gen. v. N.M. Pub. Serv. Comm'n, 1984-NMSC-081, 101 N.M. 549, 685 P.2d 957.
Law reviews. — For note, "The Public Service Commission: A Legal Analysis of an Administrative System," see 3 N.M.L. Rev. 184 (1973).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 64 Am. Jur. 2d Public Utilities §§ 273, 274.
Necessity of some evidence at hearing to support decision of commission, 123 A.L.R. 1349.
73B C.J.S. Public Utilities §§ 88 to 92.