N.M. Admin. Code § 19.25.2.12

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

Section 19.25.2.12 - HEARINGS UNIT FILING REQUIREMENTS

A. Filing of documents and number of copies. Written communications shall contain the name, address, and telephone number of the communicator and an appropriate reference to hearings unit files by docket and OSE file number(s) pertaining to the subject of the communication. All motions and other pleadings shall be filed with the administrator of the hearings unit in triplicate, consisting of the original plus two copies. Motions requesting an order from the hearing examiner shall be accompanied by a proposed order and stamped, addressed envelopes for service by the hearings unit administrator of such order on all parties.

B. Rejection of documents. A document that does not reference the hearings unit's docket number and OSE file number in the caption of the document, or that is not in substantial compliance with this rule, may be rejected by the hearings unit administrator or hearing examiner. No motion or pleading requesting discovery shall be filed with the hearings unit prior to the matter being docketed by the hearings unit.

C. Date of filing. A pleading or document is considered filed on the date stamped by the hearings unit administrator, unless the pleading or document is subsequently rejected. Any pleading or document received after regular business hours will be stamped and considered filed on the next regular business day.

D. Facsimile and electronic filing. In the discretion of the hearings unit administrator, a pleading or document, not to exceed 10 pages, may be filed by facsimile transmission, subject to any additional filing requirements that may be required by the hearings unit administrator. Such facsimile transmissions must be received before 4 p.m., mountain standard or daylight time. When feasible, the hearing examiner may order pleadings and other documents to be filed electronically if electronic filing procedures by the hearings unit have been established.

E. Service. Except as otherwise provided by this rule or by order of the hearing examiner, a party shall serve upon all parties to the proceeding all pleadings and documents that are filed with the hearings unit. Service shall be made by delivering or mailing a copy to the party's counsel and to any individual party appearing pro se. Proof of service shall be made by a certificate of service, which shall include a list of all parties served. Upon agreement, service among parties may be by electronic means.

F. Notification of change of address or other information. Each party shall provide the hearings unit administrator and other parties with a current mailing address, telephone number, and facsimile information. A party shall be deemed to have received notice of all pleadings and notices mailed or sent by facsimile to the address or facsimile number of record. If a party fails to provide a current mailing address, and pleadings or notices sent to the address of record are returned by a postal service as undeliverable, the hearing examiner shall dismiss that party.

G. Amendments and withdrawal. Requests to amend or withdraw a pleading shall be made by motion or application subject to response by the WRD or other parties, and if granted shall be subject to such conditions as the hearing examiner may deem appropriate. Amendments to any pleading shall not broaden the scope of the issues originally filed unless allowed by the hearing examiner, and shall be subject to such additional notice or other responses as ordered by the hearing examiner.

H. Computation of time. The time within which an act is to be done as provided in any rule or order, when expressed in days, shall be computed by excluding the day of the act or event from which the time begins to run and including the last, except that if the last day be Saturday, Sunday, or a legal holiday, the act may be done in the next succeeding business day.

I. Extensions of time. Except as otherwise provided by law, the time by which any person is required or allowed to act under any statute, rule, or order may be extended by the hearing examiner for good cause, upon a motion made before the expiration of the period prescribed or previously extended. The filing of the motion does not toll the running of the time period prescribed.

N.M. Admin. Code § 19.25.2.12

19.25.2.12 NMAC - N, 8-30-2013