N.M. Admin. Code § 1.2.2.34

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

Section 1.2.2.34 - TRANSCRIPTS

A.Record of proceedings and testimony:

(1) A full and complete record of all proceedings before the commission or presiding officer in any formal public hearing and all testimony shall be made by either audio recording by a commission employee or shall be taken down and transcribed by a certified court reporter at the discretion of the presiding officer.

(2) If the commission or presiding officer intends to have a transcript made by audio recording they will state this in the notice or order of hearing or proceeding.

(3) Upon receiving notice that the commission or presiding officer intends to have a transcript made by audio recording, any party can file a request to have the hearing or proceeding transcribed by a certified court reporter and the commission will arrange a court reporter. A party requesting a court reporter for a hearing or proceeding that would otherwise be made by audio recording shall be responsible for the full cost of the court reporter's fees. A request by any party to have a hearing or proceeding transcribed by a certified court reporter shall be filed as soon as practicable before the hearing or proceeding. If a request by any party to have a hearing or proceeding transcribed by a certified court reporter is not made at least seven days prior to the hearing the commission may be unable to accommodate the request.

B.Copies of transcripts: The commission shall file in e-docket a pdf version of any transcript it receives on the date the transcript is created or the date it is filed with the commission or the presiding officer.

C.Corrections: Suggested corrections to the transcript or record must be offered within 13 days after the transcript is filed in the proceeding except for good cause shown, and such suggestion shall be in writing and served upon each party, staff, the official reporter, and the presiding officer. Failure to timely file suggested corrections without good cause shown constitutes a waiver of objections to the transcript.

(1) Objections to the suggested corrections shall be made in writing within 13 days from the filing of the suggestions. The commission or presiding officer shall, with or without public hearing, determine what changes, if any, shall be made in the record.

(2) If no objection is made to the suggested corrections, the presiding officer may in their discretion direct that the corrections be made and the manner of making them.

D.Citation form: When referring to the record in briefs and other documents, staff and the parties shall cite to the transcript using the reporter's pagination, e.g., Tr. (transcript page number). If a transcript is made by audio recording staff and the parties shall cite to the transcript using time markers.

N.M. Admin. Code § 1.2.2.34

1.2.2.34 NMAC - Rp, 17 NMAC 1.2.36, 9-1-08, Amended by New Mexico Register, Volume XXXII, Issue 07, April 6, 2021, eff. 4/6/2021