N.M. Admin. Code § 1.8.3.7

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

Section 1.8.3.7 - DEFINITIONS

The following terms apply to these rules unless their context clearly indicates otherwise:

A."Appellant" is a party who requests that the commission review and change the decision of the hearing officer.

B."Appellee" is a party to an appeal arguing that the hearing officer's decision is correct and should stand.

C."Blackout period" means the period beginning 60 days before a primary or general election in which a person against whom a complaint is filed is a candidate, and ending on the day after that election.

D."Brief" is a document summarizing the facts and points of law of a party's case. It may be offered to or requested by a hearing officer or filed in an appeal to the commission. For example, a "brief in chief" is filed with the commission by the appellant. An "answer brief" is filed by the appellee in response to the brief-in-chief.

E."Candidate" as used in this part, has the same meaning as it does in Subsection G of Section 1-19-26 NMSA 1978 of the Campaign Reporting Act, Section 1-19-25 NMSA 1978.

F."Case management system" is the commission's electronic filing and notification system for complaints, which may be accessed at https://sec.nm.gov/proceedings.

G."Claim" is a complainant's allegation that a respondent violated a particular provision of law.

H."Designated district court judge" is an active or pro tempore district judge who has been appointed by the chief justice of the supreme court to consider the issuance and enforcement of subpoenas applied for by the commission.

I."Discriminatory practice," as used in this part, has the same meaning as it does in Subsection L of Section 28-1-2 of the Human Rights Act, Section 28-1-1 NMSA 1978.

J."Lobbyist's employer" as used in this part, has the same meaning as it does in Subsection F of Section 2-11-2 of the Lobbyist Regulation Act, Section 2-11-1 NMSA 1978.

K."Meeting" means a meeting of the commission duly noticed and conducted in compliance with the requirements of the Open Meetings Act, Section 10-15-1 NMSA 1978.

L."Party" and "Parties" means the named persons in a proceeding before the commission or a hearing officer.

M."Person" means any individual or entity.

N."Pleading" means any written request, motion, or proposed action filed by a party with the hearing officer or commission.

O."Qualified hearing officer" means an official appointed by the director in accordance with these rules to conduct an administrative hearing to enable the commission to exercise its statutory powers.

P."Records" means all documents, papers, letters, books, maps, tapes, photographs, recordings and other materials, regardless of physical form or characteristics, whether or not the records are required by law to be created or maintained.

N.M. Admin. Code § 1.8.3.7

Adopted by New Mexico Register, Volume XXX, Issue 23, December 17, 2019, eff. 1/1/2020, Amended by New Mexico Register, Volume XXXII, Issue 17, September 14, 2021, eff. 9/14/2021, Amended by New Mexico Register, Volume XXXIV, Issue 12, June 27, 2023, eff. 7/1/2023