D'ANTONIO v. Garcia

2008 NMCA 139, 194 P.3d 126, 145 N.M. 95
CourtNew Mexico Court of Appeals
DecidedAugust 14, 2008
Docket27,681
StatusPublished
Cited by6 cases

This text of 2008 NMCA 139 (D'ANTONIO v. Garcia) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
D'ANTONIO v. Garcia, 2008 NMCA 139, 194 P.3d 126, 145 N.M. 95 (N.M. Ct. App. 2008).

Opinion

OPINION

WECHSLER, Judge.

{1} Plaintiff, the State Engineer of the State of New Mexico, appeals the district court’s decision, which reversed the summary judgment order granted by the Office of the State Engineer (OSE) hearing examiner against Defendant Seledon Garcia in compliance order proceedings and remanded for a full administrative hearing. We assigned the case to the legal calendar, see Rule 12-210(C) NMRA, and asked the parties to address several discrete issues, including (1) whether a comprehensive hearing is required before an OSE compliance order can become final and enforceable; (2) whether the order of an OSE hearing examiner granting summary judgment in compliance order proceedings requires express approval of the state engineer before the compliance order can become final under NMSA 1978, § 72-2-18 (2001) (amended 2007); and (3) whether it is proper, under this Court’s decision in Derringer v. Turney, 2001-NMCA-075, 131 N.M. 40, 33 P.3d 40, for the party against whom summary judgment is granted at the administrative level to either request a post-decision hearing before OSE or appeal to the district court. We conclude that (1) the right to a comprehensive administrative hearing under NMSA 1978, § 72-2-16 (1973) is not absolute and that Defendant waived his right in this case; (2) the OSE hearing examiner’s grant of summary judgment adequately finalized the compliance order in this case; and (3) the OSE hearing examiner’s finalization of the compliance order against Defendant was proper in light of Defendant’s non-participation in the administrative proceedings. We therefore reverse the district court’s order.

BACKGROUND

{2} On March 14, 2003, OSE investigators conducted a field check on Defendant’s property near Abiquiu, New Mexico. The field check revealed that surface water had been illegally diverted from the Arroyo de los Frijoles into two illegally constructed ponds on Defendant’s property. In response, OSE informed Defendant in three separate certified letters that were sent over the course of the following year that the ponds were illegal unless he promptly obtained a proper permit. On February 11, 2005, because Defendant never obtained a permit for the ponds, OSE mailed a fourth certified letter to Defendant, along with a compliance order. The compliance order commanded Defendant to immediately drain the illegal ponds and fill them with “compacted earth” at his own expense. The letter accompanying the compliance order notified Defendant that he had the option, under Section 72-2-18(D), of either obeying the compliance order or requesting an administrative hearing within thirty days of his receipt of the compliance order. In a letter dated March 11, 2005, Defendant requested a hearing.

{3} The matter was referred for an administrative hearing, and an OSE hearing examiner issued a scheduling order on September 12, 2005. Over the course of the following six months, Defendant failed to comply with several provisions of the scheduling order by not timely filing a witness list, an exhibit list, or a rebuttal witness and exhibit list. In response to Defendant’s violations of the scheduling order, the OSE hearing examiner issued a March 10, 2006 order, which vacated the hearing and set a pre-hearing conference for May 4, 2006.

{4} On April 3, 2006, Plaintiff filed a motion for summary judgment. Although Plaintiffs motion was properly served on Defendant’s counsel by first-class mail on the same day that it was filed, Defendant did not respond to the motion prior to the April 21, 2006 response deadline. Accordingly, on April 24, 2006, the OSE hearing examiner issued an order granting Plaintiffs motion for summary judgment, vacating the May 4, 2006 pre-hearing conference, and affirming the compliance order. Defendant’s counsel received notice of the order on April 28,2006, but Defendant never requested a post-decision hearing to contest it, appealed to the district court, or took any other action indicating that he disagreed with the OSE hearing examiner’s decision.

{5} On June 8, 2006, Plaintiff filed a petition to enforce the compliance order in district court pursuant to Section 72-2-18(G). Defendant filed a timely answer, and Plaintiff subsequently filed a motion for summary judgment. After a hearing on the matter, the district court entered an order denying Plaintiffs motion, reversing the OSE hearing examiner’s grant of summary judgment, and remanding the case to OSE for a comprehensive administrative hearing. The district court order indicates that, although summary judgment may have been appropriate, (1) Defendant was entitled to a comprehensive administrative hearing under Section 72-2-16 and (2) a “default” judgment in favor of Plaintiff was not appropriate because it would have been “possible” for the OSE hearing examiner to decide the case on its merits. This appeal followed.

STANDARD OF REVIEW

{6} In this appeal, we must harmonize several statutory provisions and administrative regulations to determine whether the district court properly denied Plaintiffs request to enforce the compliance order against Defendant. In interpreting the language of a statute, “our primary goal is to effectuate the Legislature’s intent,” and “[w]e do so by looking first to the words the Legislature chose and the plain meaning of the language.” State v. Moya, 2007-NMSC-027, ¶ 6, 141 N.M. 817, 161 P.3d 862; see also Alliance Health of Santa Teresa, Inc. v. Nat’l Presto Indus., Inc., 2007-NMCA-157, ¶ 18, 143 N.M. 133, 173 P.3d 55 (“In interpreting sections of the Administrative Code, we apply the same rules as used in statutory interpretation.”). If, however, the result of adopting a strict construction of the statutory language would be “absurd” or “unreasonable,” we interpret the statute “according to its obvious spirit or reason.” Moya, 2007-NMSC-027, ¶ 6, 141 N.M. 817, 161 P.3d 862 (internal quotation marks and citation omitted). Our review is de novo. State v. Simmons, 2006-NMSC-044, ¶ 6, 140 N.M. 311, 142 P.3d 899; see also State v. Brown, 1999-NMSC-004, ¶ 8, 126 N.M. 642, 974 P.2d 136 (“Because this case involves issues concerning the district court’s interpretation and application of [statutory] law, it is subject to de novo review.”); Alliance Health of Santa Teresa, Inc., 2007-NMCA-157, ¶ 18, 143 N.M. 133, 173 P.3d 55 (explaining that the interpretation of administrative regulations is a question of law that we review de novo).

STATUTORY RIGHT TO A HEARING

{7} We first address Plaintiffs argument that Defendant has no absolute statutory right to a hearing before the compliance order can become final and enforceable. Our discussion begins with an analysis of the language of Section 72-2-16, which states:

If, without holding a hearing, the state engineer enters a decision, acts or refuses to act, any person aggrieved by the decision, act or refusal to act, is entitled to a hearing, if a request for a hearing is made in writing within thirty days after receipt by certified mail of notice of the decision, act or refusal to act. Hearings shall be held before the state engineer or his appointed examiner. A record shall be made of all hearings. No appeal shall be taken to the district court until the state engineer has held a hearing and entered his decision in the hearing.

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Cite This Page — Counsel Stack

Bluebook (online)
2008 NMCA 139, 194 P.3d 126, 145 N.M. 95, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dantonio-v-garcia-nmctapp-2008.