Lease Or Voluntary Transfer Of A Certificate

If a certificate holder seeks to lease all or part of its certificate, or to transfer its certificate, an application for certificate authorization, as described in 18.3.2 NMAC, must be submitted along with any required fee. Additional information is required as part of that application, as provided below, and the application may be contested by protest, objection, or by staff. A. Lease of certificate information: An applicant for a lease of a certificate, in whole or in part, shall submit: (1) whether the certificate will be leased in whole or in part, describing the part; (2) a copy of the proposed lease, containing provisions specifying: (a) that the proposed lease is not effective until approved by the department; (b) the term of the lease providing specific dates or conditions. B. Voluntary transfer of certificate information: An applicant for the permanent conveyance of a certificate, in whole or in part, shall also submit: (1) whether the certificate will be transferred in whole or in part, describing the part; (2) a notarized joint affidavit, executed by the transferor-applicant and the transferee- applicant, certifying that all accrued taxes, rents, wages of employees and all other indebtedness incident to the transferor-applicant’s operations have been paid in full, or that the transferee-applicant will assume responsibility for paying them if they have not been paid in full. C. Notice and hearing requirements: Once the application is complete and any fees received, the department must provide public notice of the application to provide an opportunity for the application to be challenged. The application shall receive a hearing only if intervenor status is granted in response to a timely objection or protest, or if the staff request a hearing. If after the notice period the application is uncontested, the department shall approve the application. [18.3.8.10 NMAC - N, 7/1/2024] 18.3.8.11 CERTIFICATE CANCELLATION, VOLUNTARY SUSPENSION AND REINSTATEMENT: A. Application: A certificate holder may apply to permanently cancel its certificate or to voluntary suspend all or a part of its certificate for a period of up to12 consecutive months. The application shall be submitted on the prescribed form with any required fee and contain: (1) whether the suspension is sought for all or part of its certificate, with a description of the partial nature of any suspension sought; and (2) the date on which the applicant proposes to permanently cancel or to suspend all or part of its certificate and the length of the suspension period, which shall not exceed 12 consecutive months. B. Approval: Once the application is complete, the department shall promptly cancel, or suspend either in whole or in part, the certificate. C. Reinstatement of certificate following a voluntary suspension: Following a voluntary suspension, in whole or in part, that did not exceed 12 consecutive months, an applicant may submit the prescribed form for full reinstatement with any required fees and provide a notarized statement that the applicant is fit and able to render reasonably continuous and adequate service. The department may promptly conduct an inspection and require any identified deficits to be remedied prior to approving the reinstatement request.