N.M. Admin. Code § 22.600.3.15

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

Section 22.600.3.15 - SUMMARY DISPOSITIONS OF PROTESTS

Where there is well-settled law addressing the issue identified on the face of the pleadings, or when it appears from the face of the pleadings in the administrative file that there is no genuine issue as to any material fact, the hearing officer may propose a summary disposition of the protest under the following procedure:

A. the hearing officer shall provide to the parties, their attorneys, or authorized representatives a written proposed summary disposition based on a review of the administrative file;

B. the parties, their attorneys, or authorized representatives shall be provided with no less than 15 days in which to respond to the proposed summary disposition;

C. a response to a proposed summary disposition shall include the factual or legal basis in support of or in opposition to the proposed summary disposition;

D. no reply to a response shall be allowed;

E. the failure to respond to a proposed summary disposition may be deemed as concurrence in the proposed summary disposition;

F. upon review of the responses to a proposed summary disposition, the hearing officer shall withdraw the proposed summary disposition and schedule the matter to be heard if either party makes a bona fide objection and argument, or enter a decision and order consistent with the proposed summary disposition if the parties consent, concede, fail to object or otherwise fail to meaningfully address the proposed summary disposition.

N.M. Admin. Code § 22.600.3.15

Adopted by New Mexico Register, Volume XXIX, Issue 02, January 30, 2018, eff. 2/1/2018, Adopted by New Mexico Register, Volume XXXI, Issue 16, August 25, 2020, eff. 8/25/2020