N.M. Admin. Code § 20.1.6.100

Current through Register Vol. 35, No. 21, November 5, 2024

Section 20.1.6.100 - POWERS AND DUTIES OF THE COMMISSION AND HEARING OFFICER

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

(1) The commission may issue procedural orders that either impose additional procedural requirements or simplify the procedures provided in this part. In no event, may the commission eliminate any procedural requirements of the act.

(2) The appointment of a hearing officer does not preclude the commissioners from attending or participating in the proceeding.

B. Hearing officer: The commission shall designate a hearing officer for each hearing who shall exercise all powers and duties prescribed or delegated under this part. 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) ruling on motions and procedural requests that do not seek final resolution of the proceeding, and issuing all necessary orders;

(3) administering oaths and affirmations, admitting or excluding evidence, examining witnesses and allowing post-hearing submissions;

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

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

(6) requesting parties to file original documents with the commission administrator; and

(7) requesting a party to submit a proposed statement of reasons in support of the commission's decision.

C. Qualifications: The hearing officer may be an independent contractor or a commissioner, shall be knowledgeable of the laws of the state and of administrative hearing procedures, and shall not be:

(1) an employee of the department, except for the commissioners themselves or their designees, or unless employed by the department as a hearing officer;

(2) a person who has a personal bias or prejudice concerning a party or a party's lawyer or consultant, or has personal knowledge of disputed facts concerning the proceeding, or is related to a party within the third degree of relationship, or has a financial interest in the proceeding.

D. Notice of hearing officer assignment: If a hearing officer other than a commissioner is assigned, the commission administrator shall notify the parties of the name and address of the hearing officer. The commission administrator shall also, at that time, forward to the hearing officer copies of all documents filed to date.

N.M. Admin. Code § 20.1.6.100

Adopted by New Mexico Register, Volume XXVIII, Issue 07, April 11, 2017, eff. 5/1/2017, Adopted by New Mexico Register, Volume XXIX, Issue 04, February 27, 2018, eff. 3/16/2018