110. General Provisions
It is the purpose of this Rule to aid anyone who wishes to appear before the Albuquerque Cable Franchise and Hearing Board ('Board') regardless of whether they are being represented by an attorney or are appearing pro se. It is the Board's intention to be accessible to represent cable consumer interests, while still allowing for the input of local cable providers and to otherwise comply with all relevant local, state and federal regulations and laws.
110.2 The Legal Department.
The Board shall be staffed by the City of Albuquerque's Legal Department, Municipal Affairs Division. The Legal Department shall serve as the administrative arm of the Board.
110.3 Office Days and Hours.
The street address of the Legal Department and Board is: One Civic Plaza, 4th floor, Room 4015, Albuquerque, New Mexico 87102.
The mailing address is: P.O. Box 2248, Albuquerque, New Mexico 87103 Attn: Utility Attorney.
The Legal Department has regular hours from 8 a.m. to 12 p.m. and 1 p.m. to 5 p.m., Monday through Friday, legal holidays excepted.
110.4 Public Records.
- The Board's policy is to allow full and complete access to public records in accordance with the Inspection of Public Records Law, NMSA 1978, § § 14-2-1 et al. Any person requesting confidentiality to protect a document from disclosure bears the burden of establishing this right, if any, to such protection.
- Except when the Board directs otherwise, all pleadings, orders, communications, exhibits, or other documents shall become matters of public record as of the day and time of their filing. The Board shall permit any person to examine any such public record, unless subject to an order of confidentiality. Copies of any public records may be made for any person at rates established by the Legal Department. Under no circumstances will any person be allowed to take Board records from City premises. Arrangements to examine records or approval to obtain copies of records must be made through the Legal Department.
110.5 Docket, Caption and Identification of Communication.
- The Board shall maintain a docket of all proceedings, and each new proceeding shall be assigned an appropriate docket number including the current year and sequential numbers following the year. The docket number will be assigned after preliminary review. The docket is open to public inspection.
- Pleadings before the Board including, inter alia, orders, motions or applications, notices and decisions shall be captioned as follows: CITY OF ALBUQUERQUE CABLE FRANCHISE AND HEARING BOARD Albuquerque, New Mexico IN THE MATTER OF: CFHB No. (ex. 10-001) (c) All other communications shall contain the name, address, and telephone number of the communicator and an appropriate reference to Board files pertaining to the subject of the communication.
110.6 Computation of Time.
The time within which an act is to be done as provided in any rule or order promulgated by the Board or issued by the Legal Department, when expressed in days, shall be computed by excluding the day of the act or event from which the time begins to run and including the last day; except that if the last day be Saturday, Sunday, or a legal holiday, the act may be done on the next succeeding business day. Whenever a party has the right or is required to do some act within a prescribed period after the service of a notice, pleading, document, order, or decision upon him/her and the notice, pleading, document, order, or decision is served upon him/her by mail or commercial courier service, three days shall be added to the prescribed period. If, however, the commercial courier service is to provide overnight delivery, only one day shall be added to the prescribed period. If the courier service is to provide same day delivery, no days shall be added to the prescribed period.
110.7 Extensions of Time.
Except as otherwise provided by law, the time by which any person is required or allowed to act under any statute, rule, or order may be extended by the Board or the Legal Department for good cause, upon a motion or application made before the expiration of the period prescribed or previously extended.
110.8 Filing of Pleadings and Documents.
A pleading or document is considered filed on the date stamped by the Legal Department. Any pleading or document received after regular business hours will be stamped and considered filed on the next regular business day.
110.9 Pleadings and Copies.
- Pleadings shall be in writing, shall state their object, and shall be signed by the party or his attorney seeking authorization or relief from the Board.
- The party filing a pleading shall provide the Legal Department with an original plus four (4) copies; unless otherwise requested or directed.
- Individuals filing comments or other communications with the Legal Department need only provide one (1) original.
110.10 Service of Pleadings and Documents.
- Service shall be made by depositing the pleading or document in the U.S. mail, postage prepaid, using first class or express mail, by delivering the pleading or document to a commercial courier service for delivery, or by hand delivery. The date of service shall be the date of deposit in the mail, delivery to a commercial courier service, or hand delivery.
- A certificate of service listing, by name, each person served and describing the manner and date of service shall be filed with or attached to the pleading or document being filed and all copies served.
110.11 Amendments and Withdrawal of Pleadings.
Except in the case of formal complaints, pleadings may be amended or withdrawn only with leave of the Board or Legal Department and upon such conditions as the same may deem appropriate. Formal complaints may be amended without leave at any time prior to the issuance of the probable cause determination.
110.12 City Officer.
Procedural Orders generated by the City may be executed by the Chief Administrative Officer or his designee (‘Legal Department”), so long as such procedural order is subsequently ratified and adopted by the Board at its next open meeting.