N.M. Admin. Code § 22.600.1.7

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

Section 22.600.1.7 - DEFINITIONS

The following terms apply to:

A."Administrative hearings office" is the agency established under Section 7-1B-1 NMSA 1978.

B."Administrative hearings office facility" is an office facility owned or leased by the administrative hearings office.

C."Business day" means Monday through Friday, excluding Saturday, Sunday, or a state-recognized holiday as specified by Section 12-5-2 NMSA 1978, except for President's Day, which by practice of the state personnel office is awarded on the day after Thanksgiving. For the purposes of determining the timeliness of an electronic filing, a business day commences at 12:00 am and concludes at 11:59 p.m.

D."Chief hearing officer" is the appointed head of the administrative hearings office under the Administrative Hearings Office Act, Section 7-1B-3 NMSA 1978, or the chief hearing officer's designee during the absence of the chief hearing officer, or the acting, interim chief hearing officer pending appointment of that position.

E."Hearing" means an on the record, adjudicatory proceeding between two parties before an assigned hearing officer of the administrative hearings office.

F."Hearing location" is the administrative hearings office facility or another state, county, municipal, or private office location where the administrative hearings office has arranged space to conduct a scheduled hearing or hearings.

G."Hearing officer" is the attorney assigned by the chief hearing officer or designee of the chief hearing officer to serve as a neutral decision maker in any adjudicatory proceeding before the administrative hearings office. The person assigned as hearing officer must be licensed to practice law in New Mexico or eligible for temporary licensure to practice in New Mexico as determined by the New Mexico supreme court. The hearing officer may be a classified employee in the state personnel system with the administrative hearings office either as an attorney or administrative law judge, may be under contract with the administrative hearings office as a contract attorney, administrative law judge, or judge, or may be an attorney, administrative law judge, or judge serving in a voluntary capacity for the administrative hearings office.

H."MVD" is the motor vehicle division of the New Mexico taxation and revenue department.

I."Order" means any directive, command, determination of a disputed issue, or ruling on a disputed issue, by the administrative hearings office directed to the parties involved in a proceeding before the administrative hearings office.

J."Party" means the named person, entity, or agency in an action before the administrative hearings office.

K."Pleading" means any written request, motion, or proposed action filed by a party with the administrative hearings office.

L."Request for hearing" means a formal written request from a party to be heard on a particular matter where the administrative hearings office has statutory authority to conduct an adjudicatory proceeding.

M."Sua Sponte" means any order of the chief hearing officer or the assigned hearing officer made without prompting of the parties.

N."TRD" is the New Mexico taxation and revenue department.

N.M. Admin. Code § 22.600.1.7

Adopted by New Mexico Register, Volume XXIX, Issue 02, January 30, 2018, eff. 2/1/2018