N.M. Admin. Code § 11.5.5.107

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

Section 11.5.5.107 - RECUSAL OR DISQUALIFICATION OF COMMISSION MEMBER OR HEARING OFFICER

A. Notice of voluntary recusal: A commission member or hearing officer may file a notice of voluntary recusal at any time. The specific grounds for recusal need not be stated. Any commission member or hearing officer filing a notice of voluntary recusal shall serve a copy thereof on each party.

B. Motion to disqualify: Any party seeking to disqualify a commission member or the hearing officer shall file a timely motion for disqualification, stating the grounds therefor with particularity.

C. Ruling:

(1) A motion seeking disqualification of a commission member shall be ruled upon by that member, whose ruling shall not be subject to review by the commission.

(2) A motion seeking disqualification of a hearing officer shall be ruled upon initially by the hearing officer. Denial of such motion may be appealed to the commission within five (5) days after such denial. Any such appeal not ruled upon within ten (10) days after filing shall be deemed denied.

N.M. Admin. Code § 11.5.5.107

1/1/94; Recompiled 11/30/01