N.M. Code R. § 22.600.6.13

Current through Register Vol. 35, No. 11, June 11, 2024

Section 22.600.6.13 - IMPLIED CONSENT HEARINGS - POWERS AND DUTIES OF HEARING OFFICER

A. The hearing officer shall have the duty to conduct fair and impartial hearings, to take all necessary action to avoid delay in the proceedings and to maintain order. The hearing officer shall have the powers necessary to carry out these duties, including the following:

(1) to administer or have administered oaths and affirmations;

(2) to schedule, continue and reschedule hearings;

(3) to rule upon offers of proof and receive evidence;

(4) to require the filings of briefs on specific legal issues prior to or after the hearing;

(5) to consider and rule upon procedural and other motions and objections appropriate in proceeding;

(6) to insure that all, and only, relevant and material issues are considered during the hearing;

(7) to require the production or inspection of relevant documents and other items;

(8) to participate, when appropriate, in the examination of witnesses;

(9) to maintain a complete administrative hearing record;

(10) to issue orders and a written decision based on the record; or

(11) to take such other action as may be necessary and appropriate, consistent with legal authority vested in the administrative hearings office, and with the rules, regulations, standing orders, and policies of the administrative hearings office.

B. The hearing officer shall have full power to regulate the course, conduct, and decorum of the hearing, including of the parties, their representatives, and the witnesses therein. This power includes the authority to reprimand, or with warning in extreme instances exclude from the hearing, any person engaging in a continuing pattern of indecorous, obstinate, recalcitrant, obstreperous, unethical, unprofessional or improper conduct that interferes with the conduct of a fair and orderly hearing or development of a complete record.

C. In the performance of these functions, the hearing officer shall not be responsible to or subject to the direction of any officer, employee or agent of the taxation and revenue department or the department of finance and administration.

D. In the performance of these adjudicative functions, the hearing officer is prohibited from engaging in any improper ex parte communications about the substantive issues with any party on any matter, as addressed in regulation 22.600.2.16 NMAC. An improper ex parte communication occurs when the hearing officer discusses the substance of a case without the opposing party being present, except that it is not an improper ex parte communication for the hearing officer to go on the record with only one party when the other party has failed to appear at a scheduled hearing.

N.M. Code R. § 22.600.6.13

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