N.M. Admin. Code § 22.510.12.8
Current through Register Vol. 35, No. 20, October 22, 2024
Section 22.510.12.8 - HEARING OFFICER REGULATIONSA. The provisions of Paragraph I [now Subsection A of 22.510.12.8 NMAC] apply to persons serving determinate sentences for crimes committed on or after July 1, 1979, except for persons serving indeterminate life sentences for crimes committed on or after July 1,1979.(1) Regular parole application hearings may be conducted before one member of the board or before a hearing officer designated by the board.(a) The regular hearing procedures as set out in the rules and regulations of the parole board shall be followed.(b) If only one board member or a hearing officer presides over such hearing, he shall prepare and submit a written summary of the proposed parole conditions and reasons therefor, and the proposed parole plan and reasons therefor, and other evidence and information as appropriate, with copies of all relevant documentation together with recommendations to the board within ten (10) working days of the close of the hearing for a decision by the full board.(2) Parole revocation hearings may be conducted before one member of the board or before a hearing officer designated by the board.(a) The regular hearing procedures as set out in the rules and regulations of the parole board shall be followed.(b) If only one board member or a hearing officer presides over such hearing, he shall prepare and submit written findings of fact and conclusions of law together with a summary of the evidence presented at the hearing and recommendations to the full board within ten (10) working days of the close of the hearing for a decision by the full board.(3) The time limits herein may be extended for cause by the board.B. The provisions of Paragraph II [now Subsection B of 22.510.12.8 NMAC] apply to persons serving indeterminate sentences for crimes committed prior to July 1, 1979, and to persons serving indeterminate life sentences for crimes committed on or after July 1, 1979. (1) Regular parole application hearing may be conducted before one member of the board or before a hearing officer designated by the board.(a) The regular hearing procedures as set out in the rules and regulations of the parole board shall be followed.(b) If only one board member or a hearing officer presides over such hearing, he shall prepare and submit a written summary of the testimony and other evidence, copies of all relevant documents together with recommendations to the board within ten (10) working days of the close of the hearing for a decision by the full board.(2) Parole revocation hearings may be conducted before one member of the board or before a hearing officer designated by the board.(a) The regular hearing procedures as set out in the rules and regulations of the parole board shall be followed.(b) If only one board member or a hearing officer presides over such hearing, he shall prepare and submit written findings of fact and conclusions of law together with a summary of the evidence presented at the hearing and recommendations to the full board within ten (10) working days of the close of the hearing for a decision by the full board.(3) The time limits herein may be extended for cause by the board.N.M. Admin. Code § 22.510.12.8