N.M. Admin. Code § 11.21.1.22

Current through Register Vol. 35, No. 20, October 22, 2024

Section 11.21.1.22 - BURDEN OF PROOF

A. Except in unit clarification proceedings, no party shall have the burden of proof in a representation proceeding. Rather, the director in the investigatory phase or the hearing examiner shall have the responsibility of developing a fully sufficient record for a determination to be made and may request any party to present evidence or arguments in any order. In a unit clarification proceeding, a party seeking any change in an existing appropriate unit, or in the description of such a unit, shall have the burden of proof and the burden of going forward with the evidence.

B. In a prohibited practices proceeding, the complaining party has the burden of proof and the burden of going forward with the evidence.

11.21.1.22 NMAC - N, 3-15-04, Amended by New Mexico Register, Volume XXXI, Issue 03, February 11, 2020, eff. 2/11/2020