N.M. Admin. Code § 22.600.6.9

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

Section 22.600.6.9 - REPRESENTATION AT HEARING, FORMAL ENTRY OF APPEARANCE/SUBSTITUTION OF COUNSEL, AND WITHDRAWAL FROM REPRESENTATION

A. Unless otherwise expressly authorized by law, only the driver, or in the case of a minor under the age of 18 the driver's legal parent(s) or guardian(s), or an attorney licensed or authorized to practice law in New Mexico may represent the driver at hearing. Any attorney not licensed to practice law in New Mexico must comply with applicable New Mexico supreme court pro hac vice rules in order to represent the person at the hearing.

B. Any attorney wishing to represent a party shall file a formal written entry of appearance directly with the administrative hearings office listing that attorney's mailing address, fax number (if any), and a valid email address. Any attorney wishing to substitute in for a previous attorney must file a substitution of counsel containing the same information required in the initial entry of appearance. Upon filing a withdrawal of representation with the administrative hearings office, consistent with the Rules of Professional Conduct, the attorney shall give reasonable notice of the date and time of the scheduled hearing to the party and allow time for the party to retain other counsel, if needed.

C. If an attorney attempts to withdraw from the case at the scheduled hearing, a hearing officer may deny a request for withdrawal of representation if such request would necessitate a continuance or otherwise have a clear, materially adverse effect on the party's interests and impede the conduct of a full, fair, and efficient hearing.

N.M. Admin. Code § 22.600.6.9

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