N.M. Admin. Code § 10.12.12.16

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

Section 10.12.12.16 - SANCTIONS

A. The chairperson may impose sanctions upon the parties as necessary to serve the cause of justice including, but not limited to the instances set forth below.

(1) When a party fails to comply with an order, including an order for taking a deposition, the production of evidence within the party's control, a request for admission, and/or production of witnesses, the chairperson may:

(a) draw an inference in favor of the requesting party with regard to the information sought;

(b) prohibit the party failing to comply with such order from introducing evidence concerning, or otherwise relying upon testimony relating to the information sought;

(c) permit the requesting party to introduce secondary evidence concerning the information sought; or

(d) strike any part of the pleadings or other submissions of the party failing to comply with such request.

(2) The chairperson may refuse to consider any motion or other action which is not fled in a timely fashion.

B. The chairperson may issue an order to show cause why an appeal should not be dismissed for failure to prosecute, or rule either for the appellant or the appellee, so long as the merits of the case are not concerned. If the order is uncontested, the chairperson may dismiss the appeal or rule for the appellant. If the order is contested and the chairperson dismisses the appeal or rules for the appellant, such decision is appealable to the deputy chief within 14 calendar days of the order.

C. The chief may prohibit a representative from appearing before its disciplinary review board for a period of time set by the chief for good cause shown.

N.M. Admin. Code § 10.12.12.16

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