N.M. Admin. Code § 20.11.81.18

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

Section 20.11.81.18 - POST-HEARING PROCEDURES

A. Filing the transcript: Unless the board orders the hearing to be tape recorded, or recorded by other means, the hearing shall be transcribed verbatim by a court reporter. Any person, other than the board, who wants a copy of a transcript from the court reporter, shall pay the court reporter for the transcript copy. Any person, other than the board, who wants a copy of hearing tapes must arrange with the hearing clerk to have the tapes copied and shall pay for the copy of the tapes before the hearing clerk delivers the copy of the tapes to the person requesting the copy.

B. Proposed findings of fact and conclusions of law: The hearing officer may allow the record to remain open for a reasonable period of time after the conclusion of the hearing on the merits in order to allow any party or interested participant to submit proposed findings of fact and conclusions of law and a closing argument, but the hearing officer shall not allow the record to remain open solely because closing arguments will be made before the board. At the conclusion of the evidentiary hearing held by the hearing officer, the hearing officer shall state whether the parties may submit findings, conclusions and closing arguments and the deadlines for submission. All such submissions shall be in writing, shall be served upon all parties, and shall contain adequate references to the record and authorities relied upon. After the conclusion of the evidentiary hearing before the hearing officer, no new evidence shall be presented unless specifically allowed by the hearing officer for good cause.

C. Recommended decision: If the board directs, the hearing officer shall issue a recommended decision within a period established by the board. The recommended decision shall contain the hearing officer's findings of fact, conclusions regarding all material issues of law or discretion, reasons for the recommended decision, and a proposed final order. Upon receipt of the hearing officer's recommended decision, the hearing clerk shall forward a copy to all parties and to the board. At the board's or the hearing officer's discretion, any party or interested participant may file comments regarding the hearing officer's recommended decision.

D. Deliberation and decision:

(1) Deliberation: At the end of the hearing on the merits or at a board meeting, the board shall reach a final decision on each adjudicatory matter.

(a) If allowed by the Open Meetings Act, Chapter 10, Article 15 NMSA 1978, the board may deliberate in closed session. However, any final action must occur in an open meeting.

(b) If a quorum of the board attended the hearing and the hearing notice indicated that the board may act at the conclusion of the hearing, the board may immediately deliberate and act on the matter.

(c) If the board does not reach a decision at the hearing on the merits or at a board meeting held promptly after the hearing, then, after the hearing clerk receives the transcript, the hearing clerk shall promptly provide a copy of the transcript and exhibits to the hearing officer and to board members who did not attend the hearing and who are qualified to vote on the decision. If requested, the hearing clerk shall provide a copy of the transcript to other board members and board counsel. The hearing clerk shall notify all parties and interested participants of the availability of the transcript.

(2) Final order of the board: After the board has reached a decision regarding the petition, the board shall direct a board member, the hearing officer, the board's counsel or a party to prepare a final order.

(a) The board may approve the final order at the conclusion of the hearing on the merits if a quorum of the board members is present and a majority of the board members present votes in favor of the final order; at a meeting of the board; or, after a decision of the board, by signature of the final order by the board chair.

(b) The final order shall contain findings of fact, conclusions of law, an order based on the findings and conclusions, and a statement regarding the availability of appeal, as authorized by 74-2-9 NMSA 1978. If a recommended decision was prepared, the board may adopt, modify or set aside the recommended decision and state the board's reasons for adopting, modifying or setting aside the recommended decision.

(c) The hearing clerk shall promptly send copies of the final order to each party and interested participant, and to all other persons who have made written requests for notification of the action taken.

E. Judicial review: Judicial review of the final order shall be as provided by law. The filing of an appeal pursuant to 74-2-9 NMSA 1978 does not stay the final order, unless otherwise ordered by the board or a court, as appropriate, depending on which entity has jurisdiction at the time the stay is requested.

F. Preparation of record proper: The preparation of the record proper for an appeal or for any other reason shall be the responsibility of the hearing clerk. The appellant shall make satisfactory arrangements with the hearing clerk, including paying for copying, including transcript costs, before the hearing clerk prepares the record proper.

N.M. Admin. Code § 20.11.81.18

20.11.81.18 NMAC - N, 12/16/06