N.M. Admin. Code § 8.8.4.8

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

Section 8.8.4.8 - HEARING OFFICER

A. All administrative hearings are conducted by a hearing officer appointed by the secretary or his/her designee. The hearing officer may be assisted by a hearing office administrator in completing mailings, notices of hearings, subpoenas, and other administrative tasks.

B. Qualifications of the hearing officer:

(1) The hearing officer may be an employee of the children, youth and families department, but has not been involved, directly or indirectly, with the administrative decision at issue.

(2) The hearing officer need not be a licensed attorney. However, he or she shall be familiar with the applicable law, regulations, procedures, and constitutional requirements related to the administrative decision at issue.

C. Disqualification of the hearing officer:

(1) A hearing officer shall not participate in any proceeding if, for any reason, the hearing officer cannot afford a fair and impartial hearing to either party.

(2) The hearing officer can only be removed for good cause. Any party seeking to recuse the hearing officer must file a motion with the officer within seven days of receipt of the initial communication from the hearing officer, setting forth the grounds for disqualification and accompanied by all supporting reasons, affidavits, and authorities. The hearing officer rules on the request to disqualify, and an appeal of the ruling may be made to the secretary within seven days of the ruling. The secretary promptly determines the validity of the grounds alleged and takes any appropriate action.

(3) A written request to disqualify and an appeal of the hearing officer's ruling on the matter tolls any applicable timetable for completion of the proceedings.

D. The hearing officer may not dismiss a hearing and must submit all recommended decisions to the secretary upon completion of proceedings except as outlined in Subsection J of 8.8.4.9 NMAC.

N.M. Admin. Code § 8.8.4.8

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