N.M. Admin. Code § 19.31.2.18

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

Section 19.31.2.18 - RULES OF EVIDENCE

The hearing officer shall consider a certified copy or a filed copy of a conviction from any court of competent jurisdiction as conclusive evidence of a violation of Chapter 17 NMSA 1978, Section 30-14-1 NMSA 1978 or commission rule. In cases where court records associated with a conviction are not available, the official form of the records maintained by either the court or the department of game and fish shall be admissible. These records shall also stand as conclusive evidence of a violation of Chapter 17 NMSA 1978, Section 30-14-1 NMSA 1978 or commission rule. In the case of hearings in which a criminal conviction is not germane, the standard of proof shall be a preponderance of the evidence.

A.Admission of evidence: In proceedings held under this regulation, the hearing officer may admit any evidence and may give probative effect to evidence that is of a kind commonly relied on by reasonably prudent people in the conduct of serious affairs. The hearing officer may, at their discretion, exclude incompetent, irrelevant, immaterial and unduly repetitious evidence. Documentary evidence may be received in the form of copies or excerpts. All parties appearing via telephone, videoconference, or other electronic method shall provide the department with a working email address or facsimile number for the exchange of all documentary evidence before or during the hearing.

B.Judicial notice: The hearing officer may take notice of judicially cognizable facts.

C.Rules of privilege: The rules of privilege shall be effective to the extent that they are required to be recognized in civil actions in district courts of the state of New Mexico.

D.Mitigating or aggravating circumstances: The hearing officer may consider mitigating, extenuating and aggravating circumstances surrounding the violations of game and fish laws and rules to determine the recommended period of the revocation or suspension.

N.M. Admin. Code § 19.31.2.18

19.31.2.18 NMAC - Rp, 19.31.2.18 NMAC, 09-14-2012, Adopted by New Mexico Register, Volume XXVIII, Issue 23, December 12, 2017, eff. 12/19/2017, Adopted by New Mexico Register, Volume XXIX, Issue 24, December 27, 2018, eff. 4/1/2019, Adopted by New Mexico Register, Volume XXXIII, Issue 06, March 22, 2022, eff. 4/1/2022