N.M. Admin. Code § 19.31.2.19

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

Section 19.31.2.19 - HEARING AND POST-HEARING PROCEDURES

A.Hearing closed to the public: All hearings conducted under this rule shall be closed to the public.

B.Hearing interpreter provided: The department shall provide technology or an interpreter for individuals requesting a hearing who provide proof of hearing impairment to the extent that they cannot understand voice communications. The respondent must give written notice of this need to the department at the time they request a hearing or no less than 30 calendar days prior to their hearing.

C.Language interpreter: A party needing language interpreter services for translation of one language into another is responsible for arranging such service for the hearing. While the person serving as an interpreter need not be a court-certified interpreter in order to provide interpretation at a hearing, any person serving as an interpreter must affirm the interpreter's oath applicable in courts across this state. Any respondent who intends to bring a language interpreter shall notify the department of this at the time they request a hearing or no less than 30 calendar days prior to their hearing.

D.Record of hearing: In all hearings conducted under this rule, the hearing officer shall cause a complete record to be made by audio recording and shall preserve all evidence received. The hearing officer shall observe any standards pertaining to audio recordings established for the district courts of this state.

E.Post-hearing briefs: The hearing officer may require post-hearing briefs, proposed findings of fact and conclusions of law, or both.

F.Hearing officer's report: Within 20 calendar days of any hearing, the hearing officer shall make and submit to the department a report setting forth his or her findings of fact, conclusions of law and recommended decision.

G.Report copies to parties: The department shall serve a copy of the recommended decision on the parties by email or if specifically requested by the respondent, by certified mail with return receipt requested.

H.Filing of exceptions to hearing officer's report: The parties to the proceeding may file exceptions, or supporting briefs, to a hearing officer's recommended decision within a time period set by the hearing officer or within 30 calendar days of the hearing if not otherwise specified by the hearing officer. Exceptions shall not contain matters unrelated to or outside the scope of the hearing.

N.M. Admin. Code § 19.31.2.19

19.31.2.19 NMAC - Rp, 19.31.2.19 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