N.M. Code R. § 20.11.80.16

Current through Register Vol. 35, No. 12, June 25, 2024

Section 20.11.80.16 - POST-HEARING PROCEDURES

A. Filing the transcript: Unless otherwise ordered by the director or hearing officer, the hearing shall be transcribed verbatim. The hearing clerk shall promptly notify all parties of the availability of the transcript. Any person who wants a copy of the transcript may order a copy from the reporter.

B. Proposed findings and conclusions: Within 30 days after the transcript is filed, or by the deadline established by the hearing officer, any party may submit to the hearing officer proposed findings of fact and conclusions of law or discretion and a closing argument. All such submissions shall be in writing, filed, served on all parties and contain adequate references to the record and authorities relied upon. No new evidence shall be presented unless specifically allowed by the hearing officer.

C. Recommended decision:

(1) Content: Unless otherwise ordered by the director, the hearing officer shall issue a recommended decision within 30 days after the deadline established by Subsection B of 20.11.80.16 NMAC for filing proposed findings and conclusions has passed. The recommended decision shall contain:

(a) the hearing officer's findings of fact and conclusions regarding all material issues of law or discretion and the reasons for the findings and conclusions;

(b) if applicable, a review of the penalty to determine if the division acted within its discretion in setting the amount or nature of the penalty; if the hearing officer decides to recommend a civil penalty that is different in amount or nature from the penalty in the compliance order, the hearing officer shall set forth the hearing officer's recommended decision regarding the penalty and the reason for the change; and

(c) a proposed final order.

(2) Comment on recommended decision: Within 15 days after service of the recommended decision, any party may file comments regarding the recommended decision and may include argument for, against or for modification of the recommended decision.

(3) Oral argument before the director: Upon the request of a party or on the director's own initiative, the director may allow oral argument regarding the recommended decision. If oral argument is allowed, the director shall specify the time and place for the oral argument, after giving due consideration to the convenience of the parties and the need to expeditiously resolve the proceeding.

D. Final order of director: As soon a practical, but no later than 30 days after the later of the deadline for filing comments on the recommended decision of the hearing officer or the conclusion of oral argument if oral argument is allowed, the director shall issue a written final order in the matter.

(1) Decision: The director may adopt, modify or set aside the hearing officer's recommended decision, and shall set forth the reasons for the action taken.

(2) Penalty: The director may change the amount and nature of the civil penalty, if any, that the hearing officer recommends assessing and shall set forth the reasons for the change.

E. Payment of civil penalty: Within 60 days after the respondent receives the final order, the respondent shall pay the full amount of any monetary civil penalty that is assessed in the final order unless otherwise ordered by the director. Payment shall be made by delivering to the division a cashier's check or certified check in the amount of the penalty assessed in the final order, payable to the general fund as specified in the final order. The respondent shall attach a copy of the final order to the penalty payment.

F. Judicial review: Judicial review of the director's final order shall be by appeal to the court of appeals of the state of New Mexico as provided by the act Subsection A of Section 74-2-9 NMSA 1978.

G. Preparation of record proper: The preparation of the record proper for an appeal to the court of appeals of the state of New Mexico or for any other reason shall be the responsibility of the hearing clerk. Appellant shall make satisfactory arrangements with the hearing clerk, including arrangements regarding copying or transcript costs, before the hearing clerk begins to prepare the record proper.

N.M. Code R. § 20.11.80.16

20.11.80.16 NMAC - N, 8/15/11