N.M. Admin. Code § 15.4.14.16
Current through Register Vol. 35, No. 23, December 10, 2024
Section 15.4.14.16 - DEFAULT; PROCEDURE FOR RECOMMENDATION OF DEFAULTA. Failure of the appellee to schedule a hearing within 60 days, unless the 60 day time period is extended, or of any party to appear at the hearing on the merits personally or by telephone, without having obtained a continuance may constitute a default and an admission on all matters and facts alleged by the opposing party and shall be deemed a waiver of the right to an evidentiary hearing on the matter. The hearing examiner may proceed to consider the matter, and the board may dispose of it, on the basis of the evidence before it.B. If the appellee fails to schedule a hearing within 60 days, the appellant shall file a motion requesting the hearing examiner to recommend to the board that default judgment be entered against the appellee:(1) the appellee shall file a response to the motion and shall request a hearing on the motion to recommend default judgment within 10 calendar days of the date the motion is served; failure of the appellee to file a response and to request a hearing shall constitute consent to the granting of the motion; and(2) if the appellee timely files a response to the motion, the hearing examiner shall hear the matter; the hearing examiner may deny the motion and allow the appellee additional time to schedule a hearing on the merits if an accident, illness or other good cause prevented the appellee from timely scheduling a hearing.C. If a party fails to appear at a hearing on the merits personally or by telephone the hearing examiner may hear the evidence of witnesses who appear, and make a recommendation to the board based upon such evidence. Upon recommendation of the hearing examiner the board may proceed to consider the matter and dispose of it on the basis of the record before it.N.M. Admin. Code § 15.4.14.16
15.4.14.16 NMAC - N, 4/15/2013, Adopted by New Mexico Register, Volume XXXII, Issue 04, February 23, 2021, eff. 2/23/2021