N.M. Admin. Code § 19.2.15.14

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

Section 19.2.15.14 - HEARING PROCEDURE

A. In conducting the hearing, the hearing officer shall refer to, but shall not be bound by, the then current district court rules regarding procedure and evidence. Evidence not admissible under those rules may be admitted by the hearing officer if the hearing officer reasonably believes such admission will help in providing or clarifying relevant facts without substantially prejudicing the rights of any party. In particular, hearsay evidence may be admitted by the hearing officer, but shall not form the sole basis for the hearing officer's recommendations. The hearing officer may require any evidence to be submitted in writing. Decisions of the hearing officer regarding matters of evidence or procedure are not, in themselves, final or appealable decisions, but may form the basis for appealing a decision of the commissioner.

B. There shall be a formal written record of a contest. The commissioner shall, at the time of appointment of a hearing officer, appoint a state land office employee to act as the hearing officer's clerk, who shall receive and file all elements of the record. The hearing officer shall designate a court reporter to record the hearing.

C. Unless otherwise indicated by the hearing officer, the order of proceedings shall be as follows:

(1) In a case initiated by a show cause order, the commissioner shall present the commissioner's case first: opening statements by the commissioner, the respondent(s), and any intervenors, in that order; presentation of evidence by the commissioner in support of the validity of the proposed action or actions forming the basis of the show cause order; presentation of evidence by the respondent(s) in support of the status quo; and presentation of evidence by any intervenors in support of their position, in that order; and closing arguments by the commissioner, the respondent, and any intervenors, in that order.

(2) In a contest initiated by petition, the petitioner shall present the petitioner's case first: opening statements by the petitioner, the respondent, any intervenors, and the commissioner, in that order; presentation of evidence in support of any defense, claim, or counterclaim and any rebuttal evidence by the petitioner, the respondent, any intervenors, and the commissioner, in that order; and closing arguments by the petitioner, respondent, any intervenors, and the commissioner, in that order.

D. At any point in the contest hearing, the hearing officer may initiate questions, may request that the commissioner, petitioner(s) or respondent(s) provide briefing on an issue or take any other action deemed necessary to expedite the proceeding and to obtain a full understanding of the facts and the issues.

E. In a contest initiated by a show cause order, there shall be no initial burden of proof, and the recommendation of the hearing officer shall be based on a preponderance of the evidence supporting either the action or actions proposed to be taken by the commissioner, or supporting the status quo prior to the issues raised in the show cause order. In a contest initiated by petition, the burden of proof shall be upon any party asserting a claim, cross claim, or counterclaim, and the recommendation of the hearing officer shall be based upon a preponderance of the evidence offered in support or rebuttal of any such claim, cross claim, or counterclaim.

N.M. Admin. Code § 19.2.15.14

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