N.M. Admin. Code § 20.11.81.16

Current through Register Vol. 35, No. 20, October 22, 2024

Section 20.11.81.16 - HEARING PROCEDURES

A. Hearing on the merits:

(1) Location of the hearing on the merits: Unless otherwise ordered by the board or hearing officer, the hearing on the merits normally shall be held in the Vincent E. Griego Chambers, on the lower level of the Albuquerque-Bernalillo County Government Center located at One Civic Plaza, near the intersection of Fourth Street and Marquette Avenue NW, in Albuquerque, New Mexico, or in another adequate city of Albuquerque, county of Bernalillo, or other publicly-owned location.

(2) Postponement of hearing: No request for postponement of a hearing shall be granted unless the hearing officer or the board determines either that all parties consent or that good cause has been proved.

B. Conduct of hearing on the merits:

(1) The hearing officer shall conduct the hearing on the merits in a manner that provides a reasonable opportunity for all parties and interested persons to be heard without making the hearing unreasonably lengthy or cumbersome or burdening the record with unnecessary repetition.

(2) The hearing officer shall establish the order of testimony, except that the petitioner shall present its case first. The hearing officer may allow brief opening and closing statements.

C. Burden of persuasion: In a hearing on the merits, the petitioner has the burden of proof, the burden of going forward with the evidence and the burden of proving by a preponderance of the evidence the facts relied upon by the petitioner to justify the relief sought in the petition. Following the establishment of a prima facie case by the petitioner, any person opposed to the relief sought in the petition has the burden of going forward with any adverse evidence and showing why the relief should not be granted.

D. Evidence:

(1) General: The hearing officer shall admit any relevant evidence, unless the hearing officer determines that the evidence is unduly repetitious, otherwise unreliable or of little probative value.

(2) Examination of witnesses: Witnesses shall be examined orally, under oath or affirmation, and may be examined by the hearing officer and members of the board. At the hearing on the merits, the board members, hearing officer, parties and interested participants shall have the right to cross-examine a witness. The hearing officer may limit cross-examination that is unduly repetitious, harassing or beyond the scope of the direct testimony of the witness.

(3) Exhibits: All exhibits offered in evidence shall be marked with a designation identifying the person offering the exhibit, and shall be individually numbered serially. Large charts and diagrams, models and other bulky exhibits are discouraged. Exhibits should be limited to 8 1/2 X 11 inches, or be capable of being folded to that size, unless otherwise necessary for adequate presentation of evidence. Any person offering an exhibit shall provide at least an original and 15 copies for the board, the other parties and persons attending the hearing.

(4) Official notice: The hearing officer may take official notice of any matter that may be judicially noticed in the New Mexico courts. In the hearing, parties shall be given adequate opportunity to show that such facts have been erroneously noticed.

E. Objections and offers of proof:

(1) Objection: Any objection concerning the conduct of the hearing on the merits may be stated during the hearing, either orally or in writing. The party raising the objection must make a short statement of the grounds for the objection. The ruling by the hearing officer on any objection and the reasons given for the ruling shall be part of the record.

(2) Offer of proof: Whenever the hearing officer excludes evidence from the record, the party offering the evidence may make an offer of proof, which shall be included in the record. The offer of proof for excluded oral testimony shall consist of a brief statement describing the nature of the evidence excluded and what such evidence would have proven. The offer of proof for excluded documents or exhibits shall consist of the insertion in the record of the documents or exhibits excluded.

N.M. Admin. Code § 20.11.81.16

20.11.81.16 NMAC - N, 12/16/06