N.M. Admin. Code § 4.3.1.15

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

Section 4.3.1.15 - CONDUCT OF THE HEARING

A. All hearings shall be open to the public, unless a closed hearing is requested and the hearing officers find good cause for a closed hearing.

B. The hearing officers shall have all powers necessary to conduct a hearing and to take all necessary action to avoid delay, maintain order, and assure development of an accurate and complete record. These powers include, but are not limited to, the following:

(1) administer oaths or affirmations upon request of any party;

(2) schedule continuances;

(3) examine witnesses and direct witnesses to testify;

(4) limit repetitious and cumulative testimony;

(5) set reasonable time limits on individual testimony;

(6) rule upon the admissibility of evidence either when an objection is made or in a later ruling;

(7) receive offers of proof for the record;

(8) dispose of procedural requests or similar matters; and

(9) render and enter findings of fact, conclusions of law, opinions, decisions and recommendations.

C. A complete record shall be made of each hearing that includes all evidence (both physical and testimonial) presented. The record may be transcribed by a court reporter or, at the discretion of the commissioners, by tape recording in a manner authorized by the rules of civil procedure for the district court.

N.M. Admin. Code § 4.3.1.15

4.3.1.15 NMAC - Rp, 4 NMAC 3.1.1.15 NMAC, 11/30/2004