N.M. Admin. Code § 18.9.1.11

Current through Register Vol. 35, No. 24, December 23, 2024

Section 18.9.1.11 - HEARING EXAMINER AUTHORITY AND DUTIES

A.Impartiality: A hearing examiner shall disqualify themselves from any case in which they have a personal stake, relationship or prior involvement in the underlying dispute, or when their impartiality is reasonably questioned.

B.Fairness: A hearing examiner shall ensure parties are provided an opportunity to:

(1) present their position and testimony;

(2) present witnesses to provide relevant information;

(3) submit evidence to establish all pertinent facts;

(4) advance arguments without undue interference;

(5) challenge evidence and cross examine witnesses.

C.Duties: The hearing examiner shall:

(1) provide an explanation to participants as to how the hearing will be conducted;

(2) ensure that witnesses are administered oaths and affirmations;

(3) issue subpoenas upon proper application and form to compel the attendance of witnesses or the production of specific records;

(4) request, receive, and make part of the record all evidence considered necessary to decide the issues raised;

(5) allow parties to state any timely objections for the record;

(6) direct and regulate the procedural process to ensure the orderly conduct of participants;

(7) question any witness in order to fully develop the record and to clarify testimony;

(8) produce and file a recommended decision for review that clearly identifies proposed findings of fact and conclusions of law;

(9) allow, consider and file a response to any timely submitted party exceptions to the recommended decision; and

(10) take such other actions as may be reasonable and necessary in the discharge of their duties.

N.M. Admin. Code § 18.9.1.11

Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024