N.M. Admin. Code § 19.2.15.13

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

Section 19.2.15.13 - WITNESSES

A. Within such time as the hearing officer establishes in the scheduling order, each party may obtain from the hearing officer a subpoena for the attendance of all material witnesses at depositions or hearings. Consistent with applicable law or court rules, the hearing officer may charge a fee for the issuance of each such subpoena, and may establish fees for the attendance of witnesses.

B. The hearing officer may, on the hearing officer's own or at the request of any party or the commissioner, exclude witnesses for the hearing during the testimony of other witnesses or at any other time deemed proper or expedient.

C. All witnesses shall testify under oath.

D. The hearing shall proceed as scheduled without the attendance of a witness or a party if no prior notification of absence and request for an extension of time was received.

E. The testimony of a witness or party unable to attend may be preserved by deposition. The hearing officer may, if the hearing officer deems it helpful, accept affidavits of witnesses unable to attend, but will weigh their probative value as such.

N.M. Admin. Code § 19.2.15.13

19.2.15.13 NMAC - Rp, 19.2.15.14 NMAC, 06/30/04, Amended by New Mexico Register, Volume XXX, Issue 11, June 11, 2019, eff. 6/11/2019