N.M. Admin. Code § 22.600.1.10

Current through Register Vol. 35, No. 21, November 5, 2024

Section 22.600.1.10 - REQUESTING A HEARING BEFORE THE ADMINISTRATIVE HEARINGS OFFICE

A. Any party seeking a hearing before the administrative hearings office shall file a written request for a hearing with a brief summary identifying the nature of the dispute, the applicable statute or rule in dispute in the matter, and identifying the jurisdictional basis for the administrative hearings office to adjudicate the matter. Such request for hearing must include the triggering proposed action of TRD or MVD (or other state agency), such as a denial, suspension, or withdrawal letter, as well as the person or entity's written protest or request for hearing challenging that action/inaction. The request for hearing must also include the address of record of the party challenging the state's action either as included in that person's request for hearing or contained in the agency's official records. If the administrative hearings office has developed a specific form to request a hearing in a particular subject matter, the parties are required to use that form.

B. The administrative hearings office may reject any request for hearing in which the administrative hearings office lacks jurisdiction to adjudicate the matter, the matter is moot, or where the request for hearing is defective, not on the appropriate form, lacking required supporting documents, or is otherwise deficient. If the request for hearing is defective for any reason, the requesting party may correct any deficiency and resubmit the request for hearing.

C. Upon receipt of a request for hearing containing the relevant information specified in subparagraph (A) and for which the administrative hearings office has jurisdiction to adjudicate the matter, the chief hearing officer or designee shall assign a hearing officer to preside in the matter based on the knowledge, expertise, experience, efficiency, and staffing needs of the office. The chief hearing officer may reassign the matter to another hearing officer if the management of the office or other circumstances so require it.

N.M. Admin. Code § 22.600.1.10

Adopted by New Mexico Register, Volume XXIX, Issue 02, January 30, 2018, eff. 2/1/2018