N.M. Admin. Code § 20.11.82.11

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

Section 20.11.82.11 - POWERS AND DUTIES OF BOARD AND HEARING OFFICER

A. Board: The board shall exercise all powers and duties authorized by 20.11.82 NMAC and not otherwise delegated to the hearing officer or the hearing clerk. The board shall designate a hearing officer for each hearing. The board may direct the hearing officer to file a report of the hearing as provided by 20.11.82.31 NMAC.

B. Hearing officer: The hearing officer shall exercise all powers and duties delegated or otherwise authorized by 20.11.82 NMAC. The hearing officer may be a member of the board. The hearing officer shall conduct a fair and impartial 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 20.11.82 NMAC, including:

(1) conducting hearings pursuant to 20.11.82 NMAC;

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

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

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

(5) requesting parties to file original documents with the hearing clerk;

(6) establishing the deadlines for filing documents with the hearing clerk;

(7) requesting the prevailing party to submit a proposed statement of reasons in support of the board's decision; and

(8) filing with the hearing clerk all original documents issued by the hearing officer.

C. Notice of hearing officer assignment: If a hearing officer other than a board member is assigned as a hearing officer, the hearing clerk shall notify the parties of the name and address of the hearing officer. At the same time, the hearing clerk also shall forward to the hearing officer copies of all documents related to the petition that have been filed to date.

N.M. Admin. Code § 20.11.82.11

20.11.82.11 NMAC - N, 8/11/08; A, 10/15/12