N.M. Admin. Code § 11.21.3.15

Current through Register Vol. 35, No. 24, December 23, 2024

Section 11.21.3.15 - PRE-HEARING SETTLEMENT EFFORTS

A. Following service of a notice of hearing and before commencement of the hearing, the director shall attempt to settle the complaint with the parties. If the parties achieve a settlement, they shall reduce it to writing and submit it to the director for approval.

B. If the complaint cannot be settled by the parties prior to the hearing, the matter shall proceed to hearing. However, the complaint may be settled by the parties at any time prior to hearing.

C. The director or hearing examiner may submit a proposed settlement agreement to the board for its approval before the settlement becomes final.

D. The complainant may withdraw the complaint at any time prior to hearing, without approval by the director or the board. After commencement of the hearing, the complaint shall not be withdrawn or settled without the approval of the hearing examiner. After a hearing examiner's report has been issued, a complaint may not be withdrawn without board approval.

N.M. Admin. Code § 11.21.3.15

11.21.3.15 NMAC - N, 3-15-04