N.M. Code R. § 20.11.82.20

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

Section 20.11.82.20 - TECHNICAL TESTIMONY; NOTICE OF INTENT (NOI)

A. No later than 15 days before the hearing, any person, including the petitioner, who intends to present technical testimony at the hearing shall file an NOI. The NOI shall:

(1) identify the person for whom the witness or witnesses will testify;

(2) identify each technical witness the person intends to present and state the qualifications of that witness, including a description of their educational and work background;

(3) include a copy of the direct testimony of each technical witness and state the anticipated duration of the testimony of that witness;

(4) include the text of any recommended modifications to the proposed regulatory change;

(5) list and attach an original and 15 copies of all exhibits anticipated to be offered by that person at the hearing, including any proposed statement of reasons for adoption of rules; and

(6) be served on the petitioner, if the document is an NOI filed by any person other than the petitioner.

B. The person filing an NOI shall serve the notice pursuant to 20.11.82.16 NMAC.

C. The hearing officer may enforce the provisions of 20.11.82.20 NMAC by taking whatever action the hearing officer deems appropriate, including exclusion of the technical testimony of any witness for whom an NOI was not timely filed. If the testimony is admitted, the hearing officer may keep the record open after the hearing to allow responses to the testimony.

N.M. Code R. § 20.11.82.20

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