N.M. Admin. Code § 1.8.2.8

Current through Register Vol. 35, No. 21, November 5, 2024

Section 1.8.2.8 - RECUSAL AND DISQUALIFICATION OF COMMISSIONERS

A. GROUNDS FOR RECUSAL: A commissioner shall recuse from a matter in which the commissioner is unable to make a fair and impartial decision, or in which there is reasonable doubt over whether the commissioner can make a fair and impartial decision, because the commissioner:

(1) has, or appears to have, a personal bias or prejudice concerning a party to the matter;

(2) has prejudged a disputed evidentiary fact involved in the matter;

(3) has a pecuniary interest in the outcome of the matter;

(4) has previously served as an attorney, advisor, consultant or witness in the matter in controversy;

(5) has served as a hearing officer in the matter pursuant to Subsection A of 1.8.3.13 NMAC; or

(6) believes it is inappropriate to participate in the matter because of an actual or apparent conflict of interest or lack of impartiality in the matter.

B. NOTICE OF RECUSAL: The commissioner shall send notice in writing to the director of a decision to recuse on a matter. That decision shall be communicated to the other commissioners and be publicly disclosed in accordance with the disclosure provisions that apply to commission proceedings.

C. PROCEDURE FOR REQUESTING RECUSAL OR DISQUALIFICATION: When a commissioner subject to recusal under subpart A of this rule does not recuse on his or her own initiative:

(1) a party may request that the commissioner be disqualified, in a motion setting forth the grounds for the request;

(2) such a motion shall be filed with the director, not less than 10 days prior to a hearing in which the commissioner may participate, unless the party did not or could not reasonably have known of the alleged grounds for the request at that time;

(3) the director shall immediately notify the subject commissioner of the motion and ascertain whether the commissioner intends to recuse;

(4) if the commissioner does not recuse, the commissioner shall provide and make available to the public a full written explanation of the refusal to recuse.

D. APPEAL FROM REFUSAL TO RECUSE:

(1) The party requesting recusal may appeal to the full commission the decision by the commissioner not to recuse.

(2) The rest of the commissioners shall, by majority vote, decide whether to disqualify the commissioner who is the subject of the disqualification motion.

N.M. Admin. Code § 1.8.2.8

Adopted by New Mexico Register, Volume XXX, Issue 23, December 17, 2019, eff. 1/1/2020