A. The commission shall charge and collect the following fees:
(1) for filing an application for a certificate or an application for an amendment of a certificate, or for any protest or permissive intervention in regard to such application, two hundred fifty dollars ($250);
(2) for filing an application for a permit or an application for amendment of a permit, or for any protest or permissive intervention in regard to such application, two hundred fifty dollars ($250);
(3) for filing an application for a warrant, twenty-five dollars ($25.00);
(4) for filing an application or motion for temporary authority, one hundred dollars ($100);
(5) for filing an application for a change in a tariff for a tariffed service carrier, two hundred dollars ($200);
(6) for filing an application for lease or transfer of a certificate or permit, or for any protest or permissive intervention in regard to such application, two hundred dollars ($200);
(7) for filing an application for reinstatement of a certificate or permit following voluntary or involuntary suspension, one hundred dollars ($100);
(8) for filing an application for voluntary suspension of a certificate or permit, fifteen dollars ($15.00);
(9) for filing an application for a single trip ticket, five dollars ($5.00) per vehicle per trip;
(10) for filing a change in the legal name of any holder of an operating authority, or a change of business trade name or the addition or deletion of a business trade name of any holder or lessee of an operating authority, ten dollars ($10.00);
(11) for filing an equipment lease, five dollars ($5.00) per vehicle leased;
(12) for a miscellaneous filing, five dollars ($5.00) per document;
(13) for certifying copies of a record, order or operating authority, the charge per page provided by law for governmental agencies;
(14) for copies of written commission documents or records, the charge per page provided by law for governmental agencies, in addition to any applicable certification charge; and
(15) for copies of other commission records, including electronic media, an amount set by the commission, in addition to any applicable certification charge.
B. The secretary of state shall charge and collect a fee of four dollars ($4.00) for each process from a court served upon the secretary of state as the designated agent for service of process by operation of law.
C. The "motor transportation fee fund" is created in the state treasury. The commission shall collect all fees at the time an application is filed or service is provided, and shall remit them to the state treasurer, who shall deposit them in the fund. At the end of each month, the state treasurer shall transfer the unencumbered balance in the fund to the state road fund.
D. If a fee has been erroneously paid, the person having paid the fee may apply for a refund in writing to the commission no later than sixty days after the erroneous payment. Upon approval of the application by the commission, the amount erroneously paid shall be refunded from the motor transportation fee fund to the person who made the payment.
E. An application shall be fully completed within sixty days or the fee submitted with the application shall be forfeited to the state. If the applicant renews the application, the applicant shall pay the applicable fee.
History: Laws 2003, ch. 359, § 36; 2013, ch. 73, § 30; 2013, ch. 77, § 30.
ANNOTATIONSThe 2013 amendment, effective July 1, 2013, imposed fees for filing applications for amendments of certificates and permits, protests, interventions, and to change a legal or business name; and in Subsection A, in Paragraph (1), after "application for a certificate", deleted "as an intrastate common motor carrier of persons or household goods" and added "or an application for an amendment of a certificate, or for any protest or permissive intervention in regard to such application", in Paragraph (2), after "for a permit", deleted "as an intrastate common motor carrier of persons or household goods" and added "or an application for amendment of a permit, or for any protest or permissive intervention in regard to such application", in Paragraph (3), after "application for a warrant", deleted "as an intrastate commuter service, charter service, towing service or motor carrier of property", in Paragraph (4), after "filing an application", added "or motion", after "motion for", deleted "intrastate", and after "temporary authority", deleted "as a common or contract motor carrier of persons or household goods", deleted former Paragraph (5), which imposed a fee for filing an application for extension of temporary authority, in Paragraph (5), after "application for a change in", deleted "an intrastate" and added "a" and after "change in a tariff", added "for a tariffed service carrier", in Paragraph (6), after "certificate or permit", added "or for any protest or permissive intervention in regard to such application", deleted former Paragraph (11), which imposed a fee for filing a single state registration receipt for interstate motor carriers, in Paragraph (10), after "filing a change", deleted "of name" and added "in the legal name of any holder of an operating authority, or a change of business trade name or the addition or deletion of a business trade name of any holder or lessee of an operating authority", deleted former Paragraph (13), which imposed a fee for filing proof of financial responsibility, in Paragraph (13), after "operating authority", deleted "fifteen dollars ($15.00)" and added "the charge per page provided by law for governmental agencies", and in Paragraph (14), after "documents or records", deleted "one dollar ($1.00) per page" and added "the charge per page provided by law for governmental agencies".
Laws 2013, ch. 73, § 30 and Laws 2013, ch. 77, § 30, both effective July 1, 2013, enacted identical amendments to this section. The section was set out as amended by Laws 2013, ch. 77, § 30. See 12-1-8 NMSA 1978.