N.M. Admin. Code § 11.21.3.19
Current through Register Vol. 35, No. 24, December 23, 2024
Section 11.21.3.19 - APPEAL TO BOARD OF HEARING EXAMINER'S RECOMMENDATIONA. Any party aggrieved by the hearing officer's recommendation may obtain board review by filing with the board and serving on the other parties a notice of appeal within ten (10) days following service of the hearing officer's report. The notice of appeal shall specify which findings, conclusions, or recommendations to which exception is taken and shall identify the specific evidence presented or offered at the hearing that supports each exception.B. Any other party may file a response to notice of appeal within ten (10) days of service of the notice of appeal.C. The board may determine an appeal on the papers filed or, in its discretion, may also hear oral argument. The board shall decide the appeal and issue its decision within sixty (60) days of the notice of appeal. The board may issue a decision adopting, modifying, or reversing the hearing examiner's recommendations or taking other appropriate action. The board may incorporate all or part of the hearing examiner's report in its decision.D. If notice of appeal is not filed within the time set out in Subsection A of 11.21.3.19 NMAC, the hearing examiner's report and recommended decision shall be transmitted immediately to the board which may pro forma adopt the hearing examiner's report and recommended decision as its own. In that event, the report and decision so adopted shall be final and binding upon the parties but shall not constitute binding board precedent.N.M. Admin. Code § 11.21.3.19
11.21.3.19 NMAC - N, 3-15-04