The New Mexico Public Regulation Commission serves New Mexico by ensuring safe operations and reliable utility services at fair, just, and reasonable rates consistent with the State's legal, economic, environmental, and social policies.
Why does the job exist?:
The hearing examiner (HE) is a public-facing role and one involving adjudicatory responsibility with substantial autonomy. Hearing examiners serve as proxies for the Commissioners in matters over which the Commission designates HEs to preside. The HE labors under the unique difficulty that they must exercise the faculties of a skilled judicial officer in the highly technical and challenging field of utility regulation. In that sense, their responsibilities are far more challenging than the typical adjudicative officer. As adjudicators, the Commission's HEs are held to the standard of drafting and issuing timely decisions and certifications that afford the Commission sufficient time to deliberate in every case, punctually addressing filed pleadings and motions requesting interim relief through lucidly written and cogently reasoned orders, promptly holding necessary prehearing and status conferences, and swiftly responding to Commissioner and advisor inquiries and questions.
How does it get done?:
The HEs serve as presiding officers. As administrative law judges, it is assumed that hearing examiners have a strong command of adjudicative principles and a jurisprudential philosophy that guides their decision-making. The HE's key responsibilities are to act as an administrative law judge in complex civil litigation and issue independent recommended decisions that include findings of fact and conclusions of law to the Commissioners in adjudicated cases involving the regulation of public utilities, electric cooperatives, small water service companies, and telecommunications carriers. The hearing examiner is expected to have a meaningful grasp of advanced utility-regulation principles and a synoptic view of the regulatory field in the cases to which they are assigned. This necessarily entails a willingness to engage in self-directed study of utility-regulation concepts beyond what is necessary to adjudicate individual cases assigned. The HEs character, judgment, and professional reputation must be beyond reproach. In all Commission-related activity, the HE should strive to exhibit behavior that instills confidence in the Commission as an adjudicative tribunal and in the division as a collection of high-functioning legal professionals. In serving as proxy for the Commissioner, the HEs are expected to demonstrate the highest levels of professional excellence and understand that their conduct reflects on the Commission.
Who are the customers?:
The hearing examiner is not a passive participant in the proceedings to which they are assigned. This mirrors the fact that the Commissioners do not act as wholly impartial arbiters of private rights. Commission proceedings invariably implicate public rights and the public interest. Commissioners are appointed to exercise specialized professional judgment to advance the public interest. Similarly, the hearing examiner (acting as the Commissioners proxy) strives to ensure that the public interest is served, and the record developed in such a way that the Commissioners will in turn be able to do what they believe is necessary to optimize public interest.
Ideal Candidate:
The ideal candidate will have a meaningful grasp of advanced utility-regulation principles and a synoptic view of the regulatory field in New Mexico. The candidate will be eager to to engage in self-directed study of utility-regulation concepts beyond what is necessary to adjudicate individual cases assigned. The candidate will instill confidence in the Commission as an adjudicative tribunal and in the HE division as a collection of the highest-functioning legal professionals. The measure of the HE is their written work, and the ideal candidate will have the highest levels of legal acumen and writing skill and have no difficulty demonstrating to others at the Commission and within the broader legal community what capable and rigorous legal writing is. The ideal candidate will have proficiency with all technological equipment (including hardware, software, and applications) that can increase adjudicative productivity and contribute to the modernization of Commission practice.
Minimum Qualification:
Juris Doctorate degree from an accredited school of law and six (6) years of experience in the practice of law. Must be licensed as an attorney by the Supreme Court of New Mexico or qualified to apply for limited practice license (Rules 15-301-1 and 15-301.2 NMRA). For more information on limited practice licenses, please visit http://nmexam.org/limited-license/
Employment Requirements:
All Attorney classifications must be and remain licensed as an attorney, in good standing, by the Supreme Court of New Mexico, or licensed as an attorney and in good standing by the highest court of another state and eligible pursuant to the limited license provisions (See Rules 15-301.1 and 15-301.2 NMRA).
Working Conditions:
The job is for persons who wish to test their limits as attorneys and develop unique knowledge in complex and essential areas of law. The position is one in which mastery of the job will only be possible after years of diligent, hard work. Work is often performed in an office setting. Work will also be performed in other locations such as a home office if deemed appropriate. Late hours, weekends, on-call, and callback work are required. The HE Will be exposed to regular periods of video display terminal and keyboard usage. The position necessarily entails stressful situations. Travel may be required.