Upon receipt of a communication knowingly made or caused to be made by a party to a commissioner, hearing examiner, or advisory staff member in violation of NMSA 1978 Section 8-8-17 or this rule, the commissioner or hearing examiner may, pursuant to Subsection E of that section, require the party to demonstrate that no unfair advantage was gained from the communication, may permit other parties the opportunity to respond, and may dismiss, deny, disregard, or otherwise take adverse action on the claim or interest in the proceeding.
N.M. Admin. Code § 1.2.3.11