N.M. Admin. Code § 15.1.15.9

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

Section 15.1.15.9 - REQUEST FOR REVIEW OF BOARD ACTION

A. Any person aggrieved by an action of the board or one of its agents may request a hearing for the purpose of review of such action. The appellant shall file the request for hearing within 30 days of the date the action is taken. The request shall include the following:

(1) a statement of the facts relevant to the review of the action;

(2) a statement of the provision of the act and the rules promulgated under the act that are relevant to the review of the action;

(3) a statement of the arguments that the appellant considers relevant to the review of the action; and

(4) any other evidence considered relevant.

B. The board will schedule the hearing as soon as practicable but in any event no later than 60 days from the date it receives the appellant's request for hearing. The hearing examiner may extend the 60 day time upon motion for good cause shown, or the parties may extend the 60 day time period by mutual agreement. The board will issue notice of the hearing, which will include:

(1) a statement of the time, place and nature of the hearing;

(2) a statement of the legal authority and jurisdiction under which the hearing is to be held;

(3) a short and plain statement of the matters of fact and law asserted;

(4) notice to any other parties to give prompt notice of issues controverted in fact or law; and

(5) all necessary telephone numbers if a telephonic hearing will be conducted.

C. All parties shall be given the opportunity to respond and present evidence and argument on all relevant issues.

N.M. Admin. Code § 15.1.15.9

12/31/98; 15.1.15.9 NMAC - Rn & A, 15 NMAC 1.15.9, 5/31/00; A, 5/14/04