N.M. Admin. Code § 15.4.12.20

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

Section 15.4.12.20 - TELEPHONIC HEARINGS

A. Any party requesting a telephonic hearing shall do so within 10 working days of the date of the notice. When the parties agree to conduct the hearing by telephone, notice of the telephonic hearing shall be made to all parties and shall include all necessary telephone numbers.

B. Any party that has agreed to a telephonic hearing but subsequently requests an in-person hearing shall do so in writing to the hearing examiner no later than 10 days before the scheduled date of the hearing. The request shall specifically state the reasons the requesting party believes an in-person hearing is necessary, including, at a minimum, the issues in question, the expected conflicting testimony, and how an in-person hearing would significantly advance the hearing examiner's fact-finding ability. The hearing examiner's decision to grant or deny the hearing shall be issued in writing and shall include the specific reasons for granting or denying the request. If the hearing examiner grants the request, the hearing shall be rescheduled to a time convenient for all parties. If the hearing examiner denies the request, the telephonic hearing shall proceed as scheduled.

C. The location or locations of the parties during the hearing shall have a telephone and the means by which documents may be transmitted between the parties and hearing examiner.

D. The hearing officer shall initiate the telephone call. The petitioner and respondent are responsible for ensuring that the telephone number to their locations for the telephonic hearing is accurate and that they are available at that telephone number at the time the hearing is to commence. The board's staff shall conduct the hearing on a speaker phone and shall record the hearing, or in the alternative, shall provide a court reporter to transcribe the hearing. Failure to provide the correct telephone number or failure to be available at the commencement of the hearing shall be treated as a failure to appear and shall subject the respondent to a default judgment.

E. The in-person presence of some parties or witnesses at the hearing does not prevent the participation of other parties or witnesses by telephone with prior approval of the hearing examiner.

N.M. Admin. Code § 15.4.12.20

15.4.12.20 NMAC - N, 4/15/2013, Adopted by New Mexico Register, Volume XXXII, Issue 04, February 23, 2021, eff. 2/23/2021