N.M. Admin. Code § 13.1.6.14

Current through Register Vol. 35, No. 24, December 23, 2024

Section 13.1.6.14 - HEARING OFFICER POWERS AND RESPONSIBILITIES

A.General authority. The superintendent may preside over OSI's hearings or may designate a hearing officer to preside instead.

B.Duties of the hearing officer. The hearing officer shall have the duty to conduct fair and impartial hearings, to take all necessary action to avoid delay in the proceedings and to maintain order. The hearing officer shall have the powers necessary to carry out these duties as set forth in Paragraphs (1) through (15) of Subsection B of 13.1.5.19 NMAC, to the extent applicable for informal hearings.

C.Independence of the hearing officer. In the performance of these functions, the hearing officer shall not be responsible to or subject to the direction of any other officer, employee or agent of OSI, except that a hearing officer appointed by the superintendent shall be subject to the direction of the superintendent.

D.Ex-parte communication. The rules pertaining to ex-parte communication for an informal hearing are as set forth in 13.1.5.19 NMAC.

E.Final order. After a thorough review of the record and any recommendation prepared by a designated hearing officer, the superintendent shall issue a final order. No party or member of OSI staff shall engage in any ex parte communication with the superintendent in an attempt to influence his final decision.

N.M. Admin. Code § 13.1.6.14

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