N.M. Admin. Code § 16.10.6.16

Current through Register Vol. 35, No. 20, October 22, 2024

Section 16.10.6.16 - DISQUALIFICATION OF BOARD MEMBERS

A.Excusal of a board member or hearing officer initiated by a party: Excusal of a board member or hearing officer shall be in accordance with Section 61-1-7 NMSA 1978. Untimely excusals or request for excusals will not be allowed.

B.Disqualification of a board member: A board member may disqualify him or herself from hearing and rendering a decision in the case if the board member believes it is in the best interest of the board or the parties to do so. Any member of the board who is unable to make an unbiased decision in a hearing because of pre-hearing review of documents or interview of witnesses must disqualify him or herself from participation in formal disciplinary action.

C.Peremptory challenge of hearing officer in the case of more than one hearing under one case number: When the board initiates a case proceeding under one case number and the proceeding includes both a notice of summary suspension and a notice of contemplated action and the appointment of a hearing officer only one peremptory challenge shall be allowed. Once a peremptory challenge is made for a summary suspension hearing, no additional peremptory challenge is allowed before the hearing on the notice of contemplated action. If no peremptory challenge is made before a summary suspension hearing, a peremptory challenge may be timely made before the hearing on the notice of contemplated action.

N.M. Admin. Code § 16.10.6.16

16.10.6.16 NMAC - Rp 16 NMAC 10.6.16, 4/18/02, Adopted by New Mexico Register, Volume XXXIV, Issue 13, July 18, 2023, eff. 7/7/2023, Adopted by New Mexico Register, Volume XXXIV, Issue 23, December 05, 2023, eff. 12/5/2023