N.M. Admin. Code § 14.5.8.10

Current through Register Vol. 35, No. 17, September 10, 2024

Section 14.5.8.10 - INFORMAL HEARING

A. Requesting an informal hearing: Pursuant to the CILA, complaints may be resolved at the request of the complainant, the licensee or the commission through an informal hearing. Although a complainant is not a party to the matter, the complainant may request an informal hearing.

B. Acceptance of an informal hearing:

(1) The commission and licensee must agree to the hearing.

(2) The commission and licensee must agree that the decision of the hearing officer is final and not subject to review by the commission or a court of law.

(3) Written acceptance must be received by the division within 30 calendar days of approval of the informal hearing by the commission. Failure to provide written acceptance will result in the issuance of a NCA against the licensee or the qualifying party.

C. Notice:

(1) Upon receipt of a written acceptance of the informal hearing, the division shall issue a notice of informal hearing.

(2) The informal hearing will be set within 15 and 90 calendar days of the receipt of the written acceptance.

D. Venue: The informal hearing will be held at the department office in Albuquerque or Santa Fe. The licensee may request to appear telephonically or to have the informal hearing in the county in which the licensee resides by submitting such a request in writing within 15 calendar days of receipt of the notice of hearing.

E. Informal hearing procedures:

(1) The commission shall designate a hearing officer to preside over the informal hearing.

(2) The division employee presenting the case may also be the investigator assigned to the complaint and shall be allowed to testify.

(3) The hearing officer will rule on the admissibility of all evidence and testimony and those rulings shall be final and not subject to review.

(4) The hearing officer may ask questions of either party or the witnesses at any time during the hearing.

(5) The hearing officer may request a recess at any time during the proceedings to discuss the possibility of resolving the matter by agreement. The hearing officer will attempt to facilitate a binding resolution that is acceptable to both parties, however, if an agreement cannot be reached, the hearing officer's decision will be final and not subject to the commission's review or judicial review.

F. Final Decisions: The hearing officer will announce the terms of the agreement or the hearing officer's final decision orally at the conclusion of the informal hearing. A written decision that includes all terms to be fulfilled as stated at the conclusion of the hearing shall be sent to the licensee and the division within 30 days. At the next regularly scheduled commission meeting, the division staff shall inform the commission of the final decisions for each informal hearing. The written decision shall state that the terms of the agreement or the hearing officer's final decision is final and not subject to the commission's review or judicial review pursuant to Subsection C of Section 60-13-27 NMSA 1978.

G. Disciplinary Authority: A hearing officer may, in the hearing officer's discretion, asses any discipline, administrative penalty or combination thereof allowed under the ULA, CILA or rules promulgated under the CILA.

N.M. Admin. Code § 14.5.8.10

Adopted by New Mexico Register, Volume XXV, Issue 21, November 13, 2014, eff. 12/13/2014