Bernalillo Co. Health Care Corp. v. N.M. Public Regulation Comm.
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On appeal to the Supreme Court was a final order of the New Mexico Public Regulation Commission authorizing Running Bear, d/b/a Rocky Mountain EMS, to provide permanent motor transport authority for non-emergency ambulance transport services in Bernalillo County. Appellants argued that the final order was arbitrary and capricious because Rocky Mountain failed to satisfy the statutory requirements part of the New Mexico Motor Carrier Act. Intervening party AMR argues that any fitness issues relating to Rocky Mountain were moot following AMR’s purchase of the operating license. After its review, the Supreme Court held that fitness issues relating to Rocky Mountain were not moot and that the final order issued by the Commission was arbitrary and capricious. Therefore, the Court vacated the final order of the Commission and revoked the original certificate endorsement allowing Rocky Mountain to provide non-emergency ambulance transport services in Bernalillo County.
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