N.M. Admin. Code § 10.12.12.10

Current through Register Vol. 36, No. 1, January 14, 2025

Section 10.12.12.10 - CHAIRPERSON

A. The chairperson shall not participate in any adjudicatory proceeding if, for any reason, the hearing officer cannot afford a fair and impartial hearing to either party. Either party may ask the chief public defender to disqualify the designated chairperson for cause by fling an affidavit of disqualification within 14 calendar days of the order. The affidavit must state the particular grounds for disqualification. The designated chairperson shall rule on motions for disqualification and an appeal of the ruling may be made to the deputy chief within 14 calendar days of the hearing officer's ruling.

B. No person shall communicate concerning the merits of any pending adjudicatory proceeding with the designated chairperson or member of the disciplinary review board unless both parties or their representatives are present.

C. The chairperson may dismiss an appeal with prejudice in accordance with the provisions of a settlement agreement approved by the chairperson or upon the fling of a motion to withdraw the appeal at any time.

D. The chairperson may dismiss an appeal with prejudice upon the fling of a motion to withdraw the appeal after the deadline for the completion of discovery upon such terms and conditions as the chairperson deems proper.

N.M. Admin. Code § 10.12.12.10

Adopted by New Mexico Register, Volume XXVI, Issue 13, July 15, 2015, eff. 7/1/2015