National Council on Compensation Insurance v. New Mexico State Corp. Commission

I respectfully dissent. We are concerned here with the question of procedural due process. The notice given to NCCI was inadequate and thus deprived NCCI of due process under law. Written notice of the public hearing provided for an “informal public hearing * * * to receive written and oral comments of interested persons concerning proposed workmen’s compensation rate increases.”

Before the start of the hearing, Victor Marshall, attorney for NCCI, addressed Commissioner Serna about NCCI’s understanding of the nature of the hearing. The following dialogue is contained in the record:

MR.…