N.M. Admin. Code § 19.10.9.905

Current through Register Vol. 35, No. 23, December 10, 2024

Section 19.10.9.905 - HEARING PROCEDURES

A. The Director may act as the hearing officer or appoint a hearing officer to conduct the hearing. The hearing officer shall have authority to take all measures necessary for the maintenance of order and for the efficient, fair and impartial consideration of issues arising in hearings including, but not limited to:

(1) taking, admitting or excluding evidence, examining witnesses and allowing post-hearing submissions;

(2) making such orders as may be necessary to preserve decorum and to protect the orderly hearing process; and

(3) preparing and filing a report of the hearing and if requested by the Director, making recommendations for action.

B. The rules of civil procedure and the rules of evidence do not apply to hearings under this Part.

C. Any interested person may testify at the hearing. A person who wants to present testimony should indicate this desire on the sign-in sheet before the hearing begins. Any person who testifies at the hearing is subject to cross-examination on the subject matter of his direct testimony. Any person attending the hearing is entitled to conduct such cross-examination as may be required for full disclosure of matters at issue in the hearing. The hearing officer may limit cross-examination to avoid harassment, intimidation, needless expenditure of time or undue repetition.

D. All testimony will be taken under oath or affirmation.

E. Any interested person may submit a written statement containing data, views or arguments to the hearing officer for inclusion in the record. The hearing officer may set a deadline for such submittal at the conclusion of the hearing.

F. Any person offering exhibits at the hearing shall mark the exhibits identifying the person offering it and the date of the hearing.

N.M. Admin. Code § 19.10.9.905

7-12-94, 2-15-96; 19.10.9.905 NMAC - Rn, 19 NMAC 10.2.9.905, 05-15-2001