N.M. Admin. Code § 19.25.2.11

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

Section 19.25.2.11 - REPRESENTATION OF PARTIES

Parties may be represented by an attorney or may appear pro se, as described below, in hearings before the state engineer or designated hearing examiner. All communications by parties with the hearings unit shall be made through a party's attorney or a person appearing pro se, unless otherwise provided for by the hearing examiner.

A. Attorneys. An attorney representing a party shall enter his appearance in the record. Withdrawal or substitution of counsel shall be by notice to the parties and hearings unit, and all issues relating to withdrawal or substitution of counsel shall be resolved in a form and manner at the discretion of the hearing examiner.

B. Pro se appearance. An individual may appear as a pro se party. Parties appearing pro se shall be responsible for familiarizing themselves with this rule, the rules of civil procedure for the district courts of New Mexico, the rules of evidence governing non-jury trials for the district courts of New Mexico, the instructions for parties in administrative proceedings, and all other rules of the OSE.

C. Applicants, respondents and protestants other than a pro se party. A party that is not an individual shall be represented by an attorney.

D. Ex parte communications prohibited. There shall be no ex parte communications with the hearing examiner or the state engineer in any pending proceeding on any substantive issue unless notice is given and an opportunity afforded all parties to participate or respond. Any continued ex parte communications after a single state engineer order to cease will result in dismissal of the offending party. Routine procedural questions may be addressed to the hearings unit administrator.

N.M. Admin. Code § 19.25.2.11

19.25.2.11 NMAC - Rp, 19 NMAC 25.2.19, 8-30-2013