Administrative and Regulatory Law
Cuddy & McCarthy, LLP represents clients in proceedings before federal and state agencies and departments and on matters involving the regulations administered by those entities. For example, in the context of client representation in the substantive areas of practice identified in our website, the Firm’s attorneys appear before administrative agencies in New Mexico, including the Public Regulation Commission, State Human Rights Division, State Board of Education, Public Employees Labor Relations Board, the Federal Equal Employment Opportunity Commission, and local zoning and land use authorities.
The Firm has extensive experience in proceedings before the New Mexico Public Regulation Commission in the various areas regulated by that Agency: corporations, fire marshal, insurance, public utilities, pipeline safety, and transportation. For example, our attorneys represent gas, water, electric, and telecommunications companies in proceedings involving rate changes, rulemaking, and complaints. The Firm has also represented these and other companies in registering and obtaining necessary licenses and in complying with applicable operating rules and regulations.
Our attorneys have litigated matters before the administrative agencies, as well as against the administrative agency when an agency’s decision is adverse to the client. The Firm litigated against the New Mexico Human Services Department on behalf of a class of clients seeking Medicaid withheld funds. In addition, we have assisted several New Mexico governmental agencies with the development and implementation of their rules and policies.
Santa Fe Partner Patrick Ortiz served for over 18 years as Senior Vice President, General Counsel and Secretary to PNM Resources, Inc. (PNMR), an energy holding company with public utility operations in New Mexico and Texas. During his 38 year legal career, he has been involved in matters related to all areas of regulatory authority under the New Mexico Public Regulation Commission and its predecessors, including serving as a commissioner on the former New Mexico Public Service Commission. His experience includes overseeing all legal matters that can affect a publicly traded company, including governance, litigation, commercial transactions and general business and corporate law matters. As do other members of the firm, Mr. Ortiz believes in prevention and being a problem-solver for the client. Prior to joining PNM, Mr. Ortiz was employed by U S WEST Communications as Chief Counsel-New Mexico.
Albuquerque Partner Charles Garcia also has extensive experience in regulatory and administrative matters having served as in-house corporate counsel for PNMR for fifteen years including as its environmental counsel,  He has represented utilities in litigation, complex contract negotiations, administrative retail utility proceedings before the NMPRC, wholesale energy regulatory proceedings before the FERC and the Department of Energy, in administrative proceedings before state and federal environmental agencies, and in regulatory compliance and enforcement proceedings. Prior to joining PNMR, Mr. Garcia was Chief Attorney at the U.S. Department of Housing and Urban Development.
This extensive representation permits the Cuddy & McCarthy Firm attorneys to access government information and personnel in a manner that permits expeditious and informal resolutions. It also makes our attorneys uniquely qualified to appear in state and federal courts on administrative and regulatory issues.