N.M. Code R. § 15.4.12.18

Current through Register Vol. 35, No. 11, June 11, 2024

Section 15.4.12.18 - RECOMMENDED ACTION; FINAL DECISION

A. At the request of the hearing examiner or upon motion by either party granted by the hearing examiner, and before the hearing examiner recommends action by the board, the parties may submit briefs including findings of fact and conclusions of law for consideration by the hearing examiner. The hearing examiner has the discretion to request briefs or grant a motion to submit briefs on any point of law deemed appropriate by the hearing examiner. Briefs submitted shall include supporting reasons for any findings or legal conclusions and citations to the record and to relevant law. Should the hearing examiner request briefs or grant a party's motion to submit briefs, the hearing shall be continued until the hearing examiner has given the briefs sufficient consideration and brings the hearing to a close. The hearing, however, shall be completed no later than 45 days from the date of continuance.

B. The hearing examiner shall prepare a written decision containing their recommendation of action to be taken by the board. The hearing examiner's recommendation may include any, or any combination, of the following:

(1) revocation of the license or approval;

(2) suspension of the license or approval;

(3) limitation or conditioning of the license or approval; and

(4) imposition of a fine not to exceed $1,000 for each violation.

C. Notice of the hearing examiner's recommended action shall be served on the parties within 30 days of the conclusion of the hearing on the matter. Service shall be made by registered or certified mail.

D. The board shall accept, reject or modify the hearing examiner's recommendation by majority vote.

E. The final decision or order shall be issued in writing and shall include a statement of findings and conclusions and the reasons therefore, on all material issues of fact, law or discretion involved, together with the specific action taken, including limiting, conditioning, suspending, or revoking any license or imposing a fine, or any combination thereof. The board shall not impose any sanction or order except within the board's jurisdiction or as authorized by law.

F. The board may dismiss an enforcement action with or without prejudice without recommendation of the hearing officer.

N.M. Code R. § 15.4.12.18

15.4.12.18 NMAC - N, 4/15/2013, Adopted by New Mexico Register, Volume XXXII, Issue 04, February 23, 2021, eff. 2/23/2021