N.M. Admin. Code § 8.8.4.12

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

Section 8.8.4.12 - POST-HEARING

A. The hearing officer may require or permit written closing arguments, post-hearing briefs and proposed findings of facts and conclusions of law according to a scheduling order issued by the hearing officer. If case law is cited, a copy of the case will be provided to the hearing officer.

B. After the expiration of any time set for the submittal of the last post-hearing requests of documents, findings and conclusions, arguments or briefs, the hearing officer submits a recommended decision to the secretary as soon as practicable, but no later than 25 working days for regular hearings and five working days for immediate suspensions and immediate revocations.

C. As a general rule, the secretary will only consider the hearing officer's recommended decision, post-hearing briefs, proposed findings of fact and conclusions of law. Where circumstances warrant, the secretary or designee may review all or a portion of the record before the hearing officer.

(1) The secretary or designee will not consider any additional evidence or affidavits not in the official record of the hearing or in pleadings not filed in accordance with the hearing officer's scheduling order.

(2) If the secretary or designee agrees with the findings and conclusions of the hearing officer, the secretary or designee will sign the decision as prepared by the hearing officer.

(3) If the secretary or designee disagrees with the findings and conclusions of the hearing officer, a separate order is issued which defines the findings and conclusions at issue and the reasons a different decision is warranted.

D. The secretary or designee renders a final determination as soon as practicable but no later than 20 working days after submission of the hearing officer's recommended decision. The hearing officer or hearing office administrator will notify parties of the final decision personally, by telephone, regular mail or electronic mail, and a copy of the final decision is mailed to each party or attorney of record as soon as practicable but no later than 15 working days from receipt of the secretary's final decision.

N.M. Admin. Code § 8.8.4.12

8.8.4.12 NMAC - N, 2/15/2002, Adopted by New Mexico Register, Volume XXVII, Issue 05, March 15, 2016, eff. 3/15/2016