N.M. Admin. Code § 4.3.1.13

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

Section 4.3.1.13 - PRE-HEARING DISCOVERY

A. The respondent shall have access to the New Mexico state fair's file concerning the alleged violations for inspection and copying, except those portions made confidential or privileged as a matter of law. Access may be had during normal business hours at the New Mexico state fair offices located in Albuquerque, New Mexico. A reasonable copying fee may be charged.

B. The respondent shall present to the New Mexico state fair and the hearing officers a statement of issues indicating why the notice of contemplated action is disputed.

C. The parties shall disclose to each other and to the hearing officers, orally or in writing, the names of witnesses to be called and the general area of their testimonies. If statements shall be presented to the hearing officers, the names of the persons making the statements and the general nature of the statements shall be disclosed.

D. Upon a written request by a party which sets out reasons that additional discovery is needed, further discovery in the form of production and review of documents and other tangible things, interviews or written interrogatories may be ordered at the hearing officers' discretion.

E. Cost of document copying, mail or delivery service, interviews or written interrogatories, including mileage and per diem, paid in accordance with the New Mexico Per Diem and Mileage Act, shall be borne by the requesting party.

F. Interviews may be conducted over the telephone or in person.

G. Ex parte communications are prohibited. After the issuance of a notice of contemplated action, no party or representative of a party shall discuss the merits of the case with any board member or hearing officer, or vice versa.

N.M. Admin. Code § 4.3.1.13

4.3.1.13 NMAC - Rp, 4 NMAC 3.1.1.13 NMAC, 11/30/2004