N.M. Admin. Code § 20.2.90.110
Current through Register Vol. 35, No. 21, November 5, 2024
Section 20.2.90.110 - FIELD CITATIONSA. Any person who receives a field citation from the department may request a hearing before the department. The request must be made in writing to the secretary within fifteen (15) working days after the field citation has been issued, with completed assessment of penalty, if any, and shall include a copy of the field citation. Unless a hearing request is received by the secretary within fifteen (15) working days after the field citation is issued, the decision of the department shall be final.B. If a hearing request is received within the fifteen (15) working days time limit, the secretary shall hold a hearing within fifteen (15) working days after receipt of the request. The secretary shall notify the person who requested the hearing of the date, time and place of the hearing by certified mail.C. The department shall present the field citation and supporting evidence first, followed by the appellant who has the burden of proving no violation had occurred and shall present any evidence to support the request for hearing.D. Hearings shall be held at a place designated by the secretary unless other mutually agreed upon arrangements are made. The secretary may designate a hearing officer to conduct the hearing and make a final decision or make recommendations for a final decision. The secretary's hearing notice shall indicate who will conduct the hearing and make the final decision.E. Motions. All motions, except those made orally during a hearing, shall be in writing, specify the grounds for the motion, state the relief sought, and state whether it is opposed or unopposed. Each motion may be accompanied by an affidavit, certificate, or other evidence relied upon and shall be served upon the secretary or hearing officer and the other parties. An unopposed motion shall state that concurrence of all other parties was obtained. Any party upon whom an opposed motion is served shall have an opportunity to file a response. To expedite the proceedings, no replies shall be allowed except upon leave from the hearing officer.F. Discovery. No discovery shall be allowed, including requests for admission, interrogatories, and depositions.G. Upon request, the hearing shall be recorded. The person who requests the recording shall pay recording costs.H. In field citation hearings, the rules governing civil procedure and evidence in district court do not apply. Hearings shall be conducted so that all relevant views, arguments and testimony are amply and fairly presented without undue repetition. The secretary shall allow department staff and the hearing requestor to call and examine witnesses, to submit written and oral evidence and arguments, to introduce exhibits and to cross-examine persons who testify. All testimony shall be taken under oath. At the end of the hearing, the secretary shall decide and announce if the hearing record will remain open and for how long and for what reason it will be left open.I. Based upon the evidence presented at the hearing, the secretary shall sustain, modify or reverse the action of the department. The secretary's decision shall be by written order within fifteen (15) working days following the close of the hearing record. The decision shall state the reasons therefore and shall be sent by certified mail to the hearing requestor and any other affected person who requests notice. Appeals from the secretary's final decision are by NMSA 1978, Section 74-2-9.J. Pursuant to 20.1.5.2 NMAC, these hearing procedures supersede the procedures provided in 20.1.5 NMAC.N.M. Admin. Code § 20.2.90.110
20.2.90.110 NMAC - N, 12/12/08