N.M. Admin. Code § 11.3.500.7

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

Section 11.3.500.7 - DEFINITIONS

A. "Adjudicatory body" means the appeal tribunal, the board of review or other commissions or body within the department holding an adjudicatory hearing.

B. "Adjudicatory hearing" means a judicial or quasi-judicial hearing upon either the law or the evidence or both which allows the parties to present evidence, objections to evidence, documents and witnesses as well as cross-examine opposing parties' witnesses and evidence.

C. "Administrative law judge or ALJ" means the individual who conducts appeal tribunal hearings and makes decisions on issues arising from determinations issued by the department. This term is synonymous with the term "hearing officer" as set forth in Section 51-1-8 NMSA 1978.

D. "Authorized representative" means an individual who, by virtue of his position within the department, is designated by the secretary to perform certain specific tasks on behalf of the department.

E. "Good cause" means a substantial reason, one that affords a legal excuse, or a legally sufficient ground or reason. In determining whether good cause has been shown for permitting an untimely action or excusing the failure to act as required, the department may consider any relevant factors including, but not limited to, whether the party acted in the manner that a reasonably prudent individual would have acted under the same or similar circumstances, whether the party received timely notice of the need to act, whether there was administrative error by the department, whether there were factors outside the control of the party that prevented a timely action, the efforts made by the party to seek an extension of time by promptly notifying the department, the party's physical inability to take timely action, the length of time the action was untimely, and whether any other interested party has been prejudiced by the untimely action. However, good cause cannot be established to accept or permit an untimely action or to excuse the failure to act, as required, that was caused by the party's failure to keep the department directly and promptly informed by written, signed statement of the claimant's, employer's or employing unit's correct mailing address. A written decision concerning the existence of good cause need not contain findings of fact on every relevant factor, but the basis for the decision must be apparent from the order.

F. "Practice manual" means a resource maintained by the department consisting of department procedures and guidelines based on federal and state statutes and regulations, Department of Labor directives and guidance, and decisions of the Board of Review or district court judges.

N.M. Admin. Code § 11.3.500.7

11.3.500.7 NMAC - N, 01-01-2003; A, 11-15-2012; A, 07-31-2013, Amended by New Mexico Register, Volume XXX, Issue 20, October 29, 2019, eff. 10/29/2019