N.M. Admin. Code § 18.9.1.14

Current through Register Vol. 35, No. 22, November 19, 2024

Section 18.9.1.14 - ADMISSIBILITY OF EVIDENCE

A.Formal rules of evidence and civil procedure do not apply: An orderly exchange of relevant information is encouraged with consideration for the legal requirement that any final decision be supported by competent evidence.

B.Limited objections to exclude evidence: All evidence is subject to appropriate and timely objection. The hearing examiner may exclude irrelevant evidence and limit repetitive or unduly cumulative evidence, with or without objection. Admitted evidence shall be provided the appropriate deference and weight by the hearing examiner with respect to its necessity, competence, availability, and trustworthiness.

C.Administrative notice: The hearing examiner may take administrative notice of any matter in which courts of this state may take judicial notice, including of laws, court orders, official agency records, and the department (or its predecessor's) orders, filings and records. Matters noticed are admitted into evidence to the same extent as other relevant evidence, either by citation to a publicly accessible document or by inclusion in the record of a copy of the relevant portion of the document(s).

N.M. Admin. Code § 18.9.1.14

Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024