Current through Register Vol. 35, No. 11, June 11, 2024
Section 11.4.4.16 - SANCTIONSA. The judge may sanction any party, attorney, or personal representative for conduct that interferes with the orderly administration of the court or a hearing, including, but not limited to:(1) rejecting a recommended resolution without reasonable basis, or without reasonable expectation of doing better at formal hearing;(2) failing to obey a lawful order of the court;(3) failing to appear for a hearing or deposition; or(4) advancing a meritless position in order to harass or vex the opposing party.B. The judge will conduct a separate hearing on the imposition of sanctions according to the procedures in this part.C. As a sanction, the judge may do any or all of the following:(1) assess reasonable attorney's fees against a party pursuant to Section 52-1-54 NMSA 1978;(2) reduce the fees of an attorney for a party;(3) assess prejudgment interest from the date of the recommended resolution in the claim;(4) strike a claim or defense;(5) limit the evidence which may be introduced;(7) order the suspension or forfeiture of compensation benefits;(8) assess expenses and costs against a party; or(9) impose a civil penalty pursuant to Sections 52-1-28.1, 52-1-28.2, 52-3-45.1 or 52-3-45.2 NMSA 1978.D. For patterns of misconduct beyond a single case, the judge may refer the matter to the WCA enforcement bureau for further investigation, administrative prosecution and imposition of penalties.Renumbered from 11.4.4.15 New Mexico Register, Volume XXVI, Issue 18, September 29, 2015, eff. 10/1/2015, Amended by New Mexico Register, Volume XXVII, Issue 18, September 30, 2016, eff. 9/30/2016, Adopted by New Mexico Register, Volume XXVIII, Issue 22, November 28, 2017, eff. 1/1/2018, Adopted by New Mexico Register, Volume XXXIII, Issue 24, December 27, 2022, eff. 1/1/2023