N.M. Code R. § 20.11.82.16

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

Section 20.11.82.16 - DOCUMENT REQUIREMENTS - FILING AND SERVICE OF DOCUMENTS

A. The filing of any document as required by 20.11.82 NMAC shall be accomplished by delivering the document to the hearing clerk.

B. Any person filing any document shall:

(1) provide the hearing clerk with the original and 15 copies of the document;

(2) deliver a copy to the board attorney;

(3) serve a copy on all other parties; and

(4) file with the hearing clerk at least 15 days before any hearing or meeting at which the board will consider the document; if the document is a motion seeking an order from the hearing officer in a rulemaking hearing, the motion shall also be served at the same time on the hearing officer and the board attorney; motions and responses shall be filed only by parties to a hearing and shall comply with 20.11.82.16 NMAC and 20.11.82.25 NMAC;

(5) if the document is a motion for a stay, 20.11.82.35 NMAC shall apply.

C. Whenever 20.11.82 NMAC requires service of a document, service on all other parties shall be made by delivering a copy to the person to be served by hand delivery, mail or, if that person has agreed in writing, by sending it by facsimile or by electronic transmission to that person. An agreement to be served by facsimile or electronic transmission may be evidenced by placing the person's facsimile number or email address on a document filed pursuant to 20.11.82 NMAC. Service shall also be made upon the board's attorney. If a person is represented by an attorney, service of the document shall be made on the attorney. Service by mail is complete upon mailing the document unless service is made by mail to a party who must act within a prescribed period after being served, in which case three days shall be added to the prescribed period. The three-day extension does not apply to any deadline imposed by the act. Service by facsimile or electronic transmission is accomplished when the transmission of the document is completed. The person who received the facsimile or electronic transmission shall promptly provide written confirmation of receipt if requested by the hearing officer, the board or a party.

D. The petitioner and any person who has filed a timely NOI pursuant to 20.11.82.20 NMAC may inspect all documents that have been filed in a proceeding in which that person is involved as a participant. The inspection shall be permitted as provided by the Inspection of Public Records Act, NMSA 1978, Sections 14-2-1 through 14-2-12. Whenever any document is filed in a proceeding subject to 20.11.82 NMAC, the hearing clerk shall notify by email the petitioner and all persons who have filed a timely NOI. A person who does not provide an email address shall instead be notified by mail.

E. The hearing clerk shall provide copies of all documents to each board member at least five days before a hearing or meeting at which the board will consider the documents. The hearing officer may make an exception to this requirement.

F. 20.11.82.20 NMAC and 20.11.82.28 NMAC also provide requirements regarding hearing exhibits.

N.M. Code R. § 20.11.82.16

20.11.82.16 NMAC - N, 8/11/08; A, 10/15/12