N.M. Admin. Code § 8.370.25.16

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

Section 8.370.25.16 - CONDUCT OF HEARING

A. The hearing officer shall conduct the hearing in public except when a closed hearing is requested in order to protect confidential information.

B. The survey agency has the burden of proving, by a preponderance of the evidence, the existence of the conduct relied upon to take the challenged action.

C. Testimony shall be under oath and witnesses are subject to cross examination.

D. The rules of evidence do not apply, however, evidence shall be admitted if it is the type that a reasonable person would rely on in the conduct of their affairs.

E. If a nurse aide demonstrates that resident neglect was caused by factors beyond their control, such showing shall constitute a defense to the charge of neglect.

F. A record made by audio recording device shall be maintained with the hearing officer's file.

N.M. Admin. Code § 8.370.25.16

Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024