N.M. Admin. Code § 19.25.2.13

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

Section 19.25.2.13 - AUTHORITY AND DUTIES OF THE HEARING EXAMINER

A. Powers of hearing examiner. In the absence of any limiting order, a hearing examiner appointed to hear any particular case shall have the power to regulate the proceedings before him and to perform all acts and take all measures necessary to conduct such hearing, including the following powers:

(1) to explain the events and requirements of the hearing process, including the use of electronic service, notice and posting on the OSE website;

(2) to establish a procedural schedule for the administrative proceedings and to modify procedural orders on his own motion or on motion of a party when necessary or appropriate;

(3) to schedule and conduct conferences and preliminary hearings when necessary or appropriate to: identify substantive issues for hearing, set a discovery schedule and hearing date, establish an official service list, address other preliminary matters, encourage settlement, and rule on preliminary motions;

(4) to order parties to hold appropriate settlement conferences before or during any hearing, provided that the hearing examiner shall not take part in any settlement conference unless all parties agree to his participation;

(5) to dismiss parties or actions;

(6) to apply the procedures of this rule and to grant such waivers to those procedures as he deems necessary or appropriate;

(7) to issue subpoenas to produce materials and to require persons to appear;

(8) to provide for appropriate methods of discovery;

(9) to administer oaths and affirmations;

(10) to ensure that all relevant issues relating to impairment, conservation of water within the state and the public welfare of the state are considered during the evidentiary hearing and to request, receive and make part of the record all evidence (testimony and exhibits) determined necessary to decide the issues and rule upon all objections and motions;

(11) to regulate the conduct and course of the hearing consistent with due process, including the scheduling, recessing, reconvening, and adjournment thereof;

(12) to cause a complete record of the proceedings to be made in accordance with the requirement of NMSA 1978, Section 72-2-17(C);

(13) to make a report and recommendation to the state engineer based upon the record of the proceedings; and

(14) to take such other action as may be necessary and appropriate to the discharge of these duties, consistent with the statutory authority or other authorities under which the state engineer functions and with the rules and policies of the OSE.

B. Limitation of authority. The state engineer may limit the authority of the hearing examiner to the specific consideration of enumerated issues or the performance of certain acts, such as presiding as directed at hearing, pursuant to a limiting order.

C. Subpoenas. In accordance with NMSA 1978, Section 72-2-14, the hearing examiner has the authority to issue subpoenas and to require the production of evidence in any proceeding before the state engineer, including all hearings, conferences and discovery proceedings. If a subpoena is issued, the return of service shall be filed with the hearings unit promptly after service, and shall include a certificate or affidavit attesting to service.

D. Substitution of parties. Substitution of parties may be permitted upon motion and for good cause, at the hearing examiner's discretion.

N.M. Admin. Code § 19.25.2.13

19.25.2.13 NMAC - Rp, 19 NMAC 25.2.10, 8-30-2013