N.M. Admin. Code § 11.5.5.707

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

Section 11.5.5.707 - OBJECTIONS

A. General: Any objection with respect to the conduct of the hearing, including any objection to the introduction of evidence, may be stated orally or in writing, accompanied by a short statement of the grounds for the objection. All objections, and the hearing officer's rulings thereon, shall be included in the record.

(1) If a quorum of the commission is present at the hearing, any party dissatisfied by a ruling of the hearing officer may immediately take exception to such ruling.

(a) If an exception is taken, the commission shall immediately decide whether to sustain or reverse the hearing officer's ruling.

(b) Failure to take an exception when a quorum of the commission is present shall constitute a waiver of the objection.

(2) If a quorum of the commission is not present at the hearing, an exception to the hearing officers's ruling is automatic, and shall not be deemed waived by further participation in the hearing.

B. Offer of proof: Whenever evidence is excluded from the record, the party offering such evidence may make an offer of proof which shall be included in the record of the proceedings.

(1) For excluded oral testimony, an offer of proof shall consist of a brief statement describing the nature of the excluded evidence.

(2) For an excluded exhibit, an offer of proof shall consist of insertion of such exhibit into the transcript of proceedings. Excluded exhibits placed in the transcript of proceedings as offers of proofs shall be clearly identified as such, and kept separate from admitted exhibits.

N.M. Admin. Code § 11.5.5.707

4/25/78, 1/1/94; Recompiled 11/30/01