N.M. Admin. Code § 20.11.80.17

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

Section 20.11.80.17 - ALTERNATE RESOLUTION

A. Summary procedures:

(1) Use of summary procedures: Under the following limited circumstances, the director may dispose of a request for hearing after an expedited hearing as a result of:

(a) a motion by a party to dismiss the request for hearing because of jurisdictional defects, such as filing an untimely request for hearing; or

(b) a request by a party to decide the merits of the request for hearing on legal arguments presented in writing and oral argument.

(2) Expedited hearing: If the hearing officer determines that a request for an expedited hearing has a likelihood of success and could fairly expedite the resolution of the proceeding, then notice for a hearing shall be given in the manner set forth in Paragraph (1) of Subsection C of 20.11.80.13 NMAC. Following the expedited hearing, the hearing officer shall submit a recommended decision to the director. The director shall either follow Subsection D of 20.11.80.16 NMAC and issue a final order or remand the matter to the hearing officer with directions to proceed with a full hearing as otherwise required by 20.11.80 NMAC.

B. Settlement:

(1) Policy: The director encourages settlement of a proceeding at any time if the settlement is consistent with the provisions and objectives of the act and the regulations. Settlement conferences shall not affect any party's obligation to respond in a timely manner to any matter governed by 20.11.80 NMAC, including the respondent's obligation to file a timely request for hearing under Subsection A of 20.11.80.13 NMAC.

(2) Stipulated final order: The director may approve a stipulated final order signed by all the parties. The stipulated final order shall include all the terms and conditions agreed to by the parties and shall state that, for the purpose of this proceeding, the parties admit the jurisdictional allegations of the compliance order and consent to the relief specified, including the assessment of the civil penalty, if any is included in the stipulated final order. If the director disapproves the stipulated final order, the matter shall proceed as if there had been no stipulated final order or settlement.

(3) Withdrawal: The respondent may withdraw the request for hearing at any time before the director issues a final order. A notice of withdrawal shall be filed with the hearing clerk and served on all parties. Any party may file written objections to the notice of withdrawal within 10 days after receipt. If an objection is filed, the director shall rule on the notice of withdrawal.

N.M. Admin. Code § 20.11.80.17

20.11.80.17 NMAC - N, 8/15/11