N.M. Admin. Code § 16.10.6.21

Current through Register Vol. 35, No. 20, October 22, 2024

Section 16.10.6.21 - HEARING PROCEDURE

A. The board chair, or his designated representative, on behalf of the board, shall decide whether the hearing shall be before the board or a hearing officer. If the chair of the board, or his designated representative, decides that the matter shall be heard before the board or a hearing officer and the board disagrees with that decision, the board may reverse the decision and designate whether the hearing shall be before it or a hearing officer.

B. If the board or the chair of the board, or the board chair's designated representative, decides that the matter shall be before a hearing officer, the board, the chair of the board, or his designated representative shall appoint a person to act as the hearing officer.

C. Motions may be submitted in writing or made orally during the hearings. The board may request parties to submit a memorandum of law following the hearing in support of a motion made orally. The board may defer judgment on a motion made during the hearing until it has had an opportunity to hear the presentation of evidence. All motions not specifically acted upon during the hearing shall be acted upon in the board's final decision.

D. A hearing is completed and closed after the conclusion of the evidentiary hearing and the date of the final submission of all proposed findings of fact and proposed conclusions of law and arguments, if any, submitted to the hearing officer by the parties. The hearing officer and parties may also agree to a date for the completion and closure of a hearing. Once a hearing is completed and closed, the hearing officer shall prepare and submit to the board a report within 30 days of the completion and closure of the hearing. The hearing officer's report may include recommendations.

E. No other submissions, including evidence, shall be filed by the parties after the completion and closure of the hearing.

N.M. Admin. Code § 16.10.6.21

16.10.6.21 NMAC - Rp 16 NMAC 10.6.21, 4/18/02; A, 12/30/05, Adopted by New Mexico Register, Volume XXXIV, Issue 13, July 18, 2023, eff. 7/7/2023, Adopted by New Mexico Register, Volume XXXIV, Issue 23, December 05, 2023, eff. 12/5/2023