N.M. Admin. Code § 11.5.5.803

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

Section 11.5.5.803 - REOPENING OF HEARING

A. General: A hearing may be reopened to permit the taking of additional evidence at any time prior to issuance of an order on any issue heard at the hearing, upon a finding by the commission or the hearing officer, as applicable:

(1) as to any excluded evidence, whether or not in response to a motion of a party, that such exclusion was both erroneous and prejudicial; provided:

(a) if a quorum of the commission was present at the hearing, the party offering the evidence took exception to the hearing officer's ruling; and

(b) in any event, the party offering the evidence submitted an offer of proof; or

(2) upon motion of a party alleging that new evidence exists, that such new evidence:

(a) was not, and could not have been, considered at the hearing; and

(b) is relevant and likely to be admissible at the hearing.

B. Limitation of reopened hearing: Any hearing reopened pursuant to Subsection A of this Section shall be limited to the specific issues set forth in the order reopening the hearing.

N.M. Admin. Code § 11.5.5.803

1/1/94, 1/1/96, Recompiled 11/30/01