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N.M. MINING ASS'N v. N.M. MINING COM'N

No. 16927.

924 P.2d 741 (1996)

122 N.M. 332

NEW MEXICO MINING ASSOCIATION, Plaintiff-Appellant, v. NEW MEXICO MINING COMMISSION, Defendant-Appellee.

Court of Appeals of New Mexico.

August 28, 1996.

Attorney(s) appearing for the Case

Robert L. Rivera, Executive Director, New Mexico Mining Association, Santa Fe, for Plaintiff-Appellant.

Tom Udall, Attorney General, Laura Fashing, William R. Brancard, Assistant Attorneys General, Santa Fe, for Defendant-Appellee.

OPINION

DONNELLY, Judge.

1. In this case we examine the authority of a state entity, the New Mexico Mining Commission (Commission), to adopt a rule imposing a surcharge on certain fees promulgated by it in order to partially reimburse the Department of Game and Fish (DG & F) for assistance in implementing the State Mining Act. We hold that the rule and fees in question come within the ambit of the Commission's statutory authority and that the...

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