N.M. Admin. Code § 20.1.9.8

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

Section 20.1.9.8 - POWERS AND DUTIES OF THE DEPARTMENT AND HEARING OFFICER

A. Department: The secretary of the department shall exercise all powers and duties prescribed by Subsection D of Section 9-7A-6 or Section 3-29-9 NMSA 1978, and by this part, and not otherwise delegated to the hearing officer. The secretary shall have the authority to take all measures necessary and appropriate to maintain an orderly, efficient and fair proceeding.

B. Hearing officer: The secretary shall designate a hearing officer for each hearing who shall exercise all powers and duties prescribed or delegated under this part. The hearing officer shall conduct a fair and equitable proceeding, assure that the facts are fully elicited, and avoid delay. The hearing officer shall have authority to take all measures necessary for the maintenance of order and or the efficient, fair, and impartial consideration of issues arising in proceedings governed by this part, including, but not limited to:

(1) conducting hearings under this part;

(2) ruling on motions and procedural requests that do not seek final resolution of the proceeding, and issuing all necessary orders;

(3) administering oaths and affirmations, admitting or excluding evidence, examining witnesses, and allowing post-hearing submissions;

(4) making such orders as may be necessary to preserve decorum and to protect the orderly hearing process;

(5) if requested by the secretary, preparing and filing a report of the hearing, with recommendations for the secretary's action;

(6) requesting parties to file original documents with the secretary's hearing office administrator; and

(7) requesting a party to submit a proposed statement of reasons in support of the secretary's decision.

C. Qualifications: The hearing officer may be an independent contractor, shall be knowledgeable of the laws of the state and of administrative hearing procedures, and shall not be:

(1) an employee of the department, except for the secretary, or unless employed by the department as a hearing officer;

(2) a person who has a personal bias or prejudice concerning a party, a party's lawyer, or consultant; has personal knowledge of disputed facts concerning the proceeding; is related to a party within the third degree of relationship; or has a financial interest in the proceeding.

D. Notice of hearing officer assignment: If a hearing officer other than the secretary is assigned, the secretary's hearing office administrator shall notify the parties of the name and address of the hearing officer. The secretary's hearing office administrator shall also, at that time, forward to the hearing officer copies of all documents filed to date.

N.M. Admin. Code § 20.1.9.8

20.1.9.8 NMAC - N, 12/01/07, Adopted by New Mexico Register, Volume XXIX, Issue 23, December 11, 2018, eff. 12/11/2018