Opinion No. 49-5255
November 21, 1949
TO: Mr. Tom Cox, Chief Clerk State Corporation Commission Santa Fe, New Mexico
{*97} Reference is made to your letter wherein you forwarded the protest of Attorney Vaught in regard to the payment of a $ 25.00 fee charged by the Corporation Commission for the approval of a lease agreement entered into between L. C. Hatton and Jay Ward Certificate No. 866-1.
Under Section 68-1311 of the New Mexico 1941 Compilation, it is stated:
"No certificate issued under this act shall be assigned, leased or otherwise transferred without approval of the Commission."
Section 68-1349 of the 1941 Compilation states:
"The Corporation Commission shall charge and collect the following miscellaneous fees . . . . for filing application for transfer of any such certificate, $ 25.00 . . . ."
It is my opinion from the above quotations that the charge of $ 25.00 for approval of lease agreement is proper. Although the statute does not mention filing of lease specifically, it does state in Section 68-1311 that no certificate shall be assigned, leased or otherwise transferred without approval. The words, "otherwise transferred" ties in assignment and lease as a transfer under the act, and, therefore, a fee is required.