N.M. Admin. Code § 20.1.4.600

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

Section 20.1.4.600 - ALTERNATE RESOLUTION

A. Withdrawal: No later than the beginning of the hearing, the Applicant or Petitioner may file a Motion for Withdrawal. The Secretary shall grant or deny the Motion for Withdrawal. [12-1-97 ]

B. Summary Procedures:

(1) Use of Summary Procedures: The Secretary may issue a final order after an expedited hearing on a motion by a party if not inconsistent with the law:

(a) to dismiss the Application or Petition for a jurisdictional defect; or

(b) to decide the merits of the Application or Petition on legal arguments presented in writing or oral argument.

(2) Expedited Hearing: If the Hearing Officer determines that the relief requested is likely to be granted, the Hearing Clerk shall prepare and file a Notice of Hearing as set forth in this Part. The hearing shall be conducted and post hearing procedures shall be followed as set forth in this Part. The final order of the Secretary on any expedited hearing under this Section may remand the matter to the Hearing Officer for a full hearing under this Part.

N.M. Admin. Code § 20.1.4.600

12/1/97; 20.1.4.600 NMAC - Rn, 20 NMAC 1.4.VI. 601 and 602, Recompiled 11/27/01