Rule 17A-012 - Processing claimsA.Denial of claim. If a claim is not eligible for reimbursement pursuant to Rule 17A-010 NMRA of these rules, the claimant shall be advised of the reasons why the claim may not be eligible for reimbursement and that, unless additional facts to support eligibility are submitted to the fund, the claim file shall be closed.B.Supreme Court order. An order disciplining a lawyer for the same dishonest act or conduct alleged in a claim, or a final judgment imposing civil or criminal liability therefor, shall be evidence that the lawyer committed such dishonest act or conduct.C.Notice to disciplinary board. The Disciplinary Board shall be promptly notified of the claim and required to furnish a report of its investigation of the matter to the commission. The Disciplinary Board shall allow the fund's representative access to its records during an investigation of a claim. The commission shall evaluate whether the investigation is complete and determine whether the commission should conduct additional investigation or await the pendency of any disciplinary investigation or proceeding involving the same act or conduct that is alleged in the claim. Any access to Disciplinary Board records provided for under this rule is subject to the disciplinary board's rules of confidentiality.D.Independent investigation. The commission may conduct its own investigation when it deems it appropriate.E.Response. The lawyer shall be notified of the claim and given an opportunity to respond to the claim. A copy of the claim shall be provided to the lawyer or the lawyer's representative. The lawyer or representative shall have twenty (20) days in which to respond.F.Record. The commission may request that testimony be presented to complete the record. Upon request, the claimant or lawyer, or their representatives, will be given an opportunity to be heard.G.Findings. The commission may make a finding of dishonest conduct for purposes of adjudicating a claim. Such a determination is not a finding of dishonest conduct for purposes of professional discipline and shall not have preclusive effect in any related civil or criminal proceeding.H.Conclusions. When the record is complete, the claim shall be determined on the basis of all available evidence, and notice shall be given to the claimant and the lawyer of the commission's determination and the reasons therefor. The approval or denial of a claim shall require the affirmative votes of at least four commissioners.I.Evidence. Any proceeding upon a claim need not be conducted according to technical rules relating to evidence, procedure and witnesses. Any relevant evidence shall be admitted if it is the type of evidence upon which responsible persons are accustomed to rely on in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in court proceedings. The claimant shall have the duty to supply relevant evidence to support the claim.J.Pending disciplinary proceedings. The commission shall determine the order and manner of payment and pay all approved claims, but unless the commission directs otherwise, no claim should be approved during the pendency of a disciplinary proceeding involving the same act or conduct that is alleged in the claim.N.M. R. Gov. Client. Prot. Fund 17A-012
Approved by Supreme Court Order 05-8300-25, effective 12/13/2005.