N.M. Admin. Code § 20.1.1.107

Current through Register Vol. 35, No. 20, October 22, 2024

Section 20.1.1.107 - POWERS AND DUTIES OF BOARD AND HEARING OFFICER

A. Board: The board shall exercise all powers and duties prescribed under this part and not otherwise delegated to the hearing officer or the board administrator.

B. Hearing officer: The board shall designate a hearing officer for each hearing who shall exercise all powers and duties prescribed or delegated under this part. The hearing officer may be a member of the board. The hearing officer shall conduct a fair and equitable proceeding, assure that the facts are fully elicited and avoid delay. The hearing officer shall have authority to take all measures necessary for the maintenance of order and for the efficient, fair and impartial consideration of issues arising in proceedings governed by this part, including, but not limited to:

(1) conducting hearings under this part;

(2) taking, admitting or excluding evidence, examining witnesses and allowing post-hearing submissions;

(3) making such orders as may be necessary to preserve decorum and to protect the orderly hearing process;

(4) if requested by the board, preparing and filing a report of the hearing, with recommendations for board action;

(5) requesting parties to file original documents with the board administrator; and

(6) requesting a party to submit a proposed statement of reason in support of the board's decision.

N.M. Admin. Code § 20.1.1.107

20.1.1.107 NMAC - Rp, 20 NMAC 1.1.I.107, 08/27/06, Adopted by New Mexico Register, Volume XXIX, Issue 06, March 27, 2018, eff. 4/14/2018