N.M. Admin. Code § 19.2.15.12

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

Section 19.2.15.12 - PRE-HEARING DISCOVERY, CONFERENCES, AND MOTION PRACTICE

A. Pursuant to the scheduling order, the parties to the contest and the commissioner shall provide one another and the hearing officer with a written summary of their arguments and authorities, as well as complete lists of all witnesses (including a summary of their testimony) and all exhibits (including a brief summary of what each exhibit will be offered to prove, and a summary of its contents). Such lists shall be promptly updated as evidence and witnesses are added or deleted. Each party and the commissioner shall within 45 days after the receipt of the petition by the commissioner, or upon such longer period as the hearing officer may allow, produce to all parties and the commissioner all documents related to the matters in controversy, or that are reasonably calculated to lead to the discovery of relevant and material evidence, or that the party intends to offer at the hearing. All parties and the commissioner shall supplement their production within 10 days of discovering documents that meet the foregoing criteria. The scheduling order or other order of the hearing officer may provide such additional discovery as the hearing officer deems fair and appropriate. It is expected that all such discovery shall proceed without the necessity of any request being made to the hearing officer. The hearing officer shall have the right to preclude any testimony or other evidence which, in the hearing officer's opinion, has not been fairly and reasonably disclosed before the hearing.

(1) Any party or the commissioner, if dissatisfied with discovery, may request, in writing, that the hearing officer order another party to provide better or additional discovery. The opposing party shall respond within such time as the hearing officer establishes. The hearing officer may, in the hearing officer's discretion, allow oral argument on discovery disputes.

(2) Discovery orders of the hearing officer are not appealable, but may form the basis of an appeal of the decision of the commissioner in the matter.

B. Upon the hearing officer's own initiative, or at the request of the commissioner, or a petitioner or respondent, the hearing officer may, in the hearing officer's discretion, require scheduling, settlement, or such other conferences at the principal offices of the state land office, or at any other location deemed best by the hearing officer.

C. Pursuant to the scheduling order, the hearing officer may permit or limit such motions, responses, and replies as are normally permitted in the state district courts of New Mexico. Except as set out herein, any procedures regarding such motion practice shall be established by the hearing officer on the hearing officer's own or at the request of the commissioner or the parties. As to motions which dispose of all or part of the merits of any claim at issue, the hearing officer shall make a recommendation by written report to the commissioner who shall make a final determination. Except in rare cases and for good cause shown, the disposition of any motion is not subject to interlocutory appeal; the disposition of any motion is appealable only when the contest is concluded by a decision of the commissioner.

N.M. Admin. Code § 19.2.15.12

19.2.15.12 NMAC - N, 06/30/04, Amended by New Mexico Register, Volume XXX, Issue 11, June 11, 2019, eff. 6/11/2019