N.M. Admin. Code § 18.9.1.15

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

Section 18.9.1.15 - EXHIBITS AND STIPULATIONS

A.Marking of exhibits: Exhibits shall be paginated and marked numerically in the order of introduction by the moving party.

B.Availability:

(1) Evidence to be presented as exhibits must be made available to all parties at least ten (10) calendar days prior to the hearing;

(2) Partial documents. If only a portion of a document is offered as evidence, then the parties and hearing examiner shall be afforded a prior opportunity to examine the complete document that contains that designated portion;

(3) Rebuttal evidence intended to explain, counteract, repel, or disprove evidence submitted by another party or by staff shall be presented at least five (5) calendar days prior to the hearing.

C. Stipulation as to facts:

(1) The parties may, by stipulation in writing filed or entered in the record, agree upon the facts or any portion thereof;

(2) Stipulations shall be binding upon the participating parties and may be regarded and used as evidence in the final decision;

(3) The hearing examiner may, however, require proof or evidence of the facts to which the parties have stipulated.

N.M. Admin. Code § 18.9.1.15

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