N.M. Admin. Code § 20.1.2.403

Current through Register Vol. 36, No. 1, January 14, 2025

Section 20.1.2.403 - DELIBERATION AND DECISION

A. Deliberation: The board shall reach a final decision on each adjudicatory matter at a public meeting. If allowed by the Open Meetings Act, Sections 10-15-1 NMSA 1978 et seq., the board may deliberate in closed session; however, any final action must occur in an open meeting.

(1) If a quorum of the board attended the hearing and the hearing notice indicated that the board may act at the conclusion of the hearing, the board may immediately deliberate and act on the matter.

(2) If the board does not reach a decision at the hearing, the board administrator shall, following receipt of the transcript, promptly provide copies to board members who did not attend the hearing and, if requested, to other board members, board counsel and the hearing officer. The board administrator shall also notify all parties and interested participants of the availability of the transcript.

(3) In a ULA hearing, the board shall leave the record open to receive any advice and recommendation required by the act. The board shall reach its decision within the time period established by the ULA.

B. Order: After reaching a decision, the board shall direct a member, its counsel or a party to prepare a final order. The board may approve the order at a meeting or direct the board chair to sign the order.

(1) The final order shall contain findings of fact, conclusions of law, an order based on the findings and conclusions, and a statement as to the availability of judicial review. If a recommended decision was prepared, the board may adopt, modify or set aside the recommended decision and provide reasons therefor.

(2) In a ULA hearing, if the board takes any action specified in the ULA against the licensee, the final order shall specify that the licensee shall bear all costs of the proceeding.

(3) The board administrator shall promptly send copies of the final order to each party and interested participant, and to all other persons who have made written requests for notification of the action taken.

N.M. Admin. Code § 20.1.2.403

20.1.2.403 NMAC - Rp, 20 NMAC 1.2.IV.403, 08/27/06