N.M. Admin. Code § 13.1.5.9

Current through Register Vol. 35, No. 21, November 5, 2024

Section 13.1.5.9 - REQUESTING A HEARING

A.Written request required. Any person seeking a hearing before the superintendent shall file a written request for a hearing using the form available on the OSI website or as otherwise directed by the superintendent. The request shall include all of the following:

(1) a brief summary identifying the nature of the dispute;

(2) the applicable statute, rule, bulletin or order in dispute in the matter;

(3) a statement of the jurisdictional basis for the superintendent to adjudicate the matter;

(4) the triggering action of the superintendent, such as an order, denial, suspension, revocation, penalty, fine, rule, or interpretative publication;

(5) the requestor's reason for challenging that action or inaction; and

(6) the mailing address of the requestor.

B.Request rejected. The superintendent may reject any request for hearing if the superintendent lacks jurisdiction to adjudicate the matter; the matter is moot; or the request for hearing is procedurally or substantively deficient.

(1) If a request for hearing is rejected, the superintendent will notify the requestor in writing with a brief explanation of the rejection.

(2) If the request for hearing is deficient for any reason other than lack of subject matter jurisdiction of mootness, the requestor may correct any deficiency and resubmit the request for hearing.

C.Designation of hearing officer and docket. Upon receipt of a request for hearing that contains all information required by Subsection A of this section and over which the superintendent has jurisdiction, the superintendent may designate a hearing officer to preside in the matter based on the knowledge, expertise, experience, efficiency, and staffing needs of the office. The superintendent may subsequently reassign the matter to a different hearing officer, if necessary. The superintendent shall assign a docket number to be referenced in all subsequent communications and filings concerning the matter.

D.Intervenors. Any person showing that they will be substantially and specifically affected by the proceeding shall be allowed to intervene as a party in the whole or any portion of the proceeding.

(1) Whether to allow intervention for any other interested person is at the sole discretion of the superintendent.

(2) OSI staff may intervene in any proceeding as a matter of right by filing a notice of intervention.

N.M. Admin. Code § 13.1.5.9

Adopted by New Mexico Register, Volume XXX, Issue 12, June 25, 2019, eff. 7/1/2019