N.M. Admin. Code § 8.11.4.21

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

Section 8.11.4.21 - CONDUCT OF THE HEARING

A. Failure of a party to appear on the date and time set for the hearing, without good cause shown, constitutes default and the hearing officer shall so notify the parties in writing and enter a default judgment against the party.

B. The hearing is open to the public unless the hearing officer directs that the hearing be closed.

C. Any party may appear at the hearing through a licensed attorney, provided the attorney has made a written entry of appearance within a reasonable period of time prior to the hearing date.

D. The hearing officer may clear the room of witnesses not under examination if either party so requests and of any person who is disruptive. The department is entitled to have a representative of APS, in addition to its attorney, in the hearing room during the course of the hearing, even if the person will also testify in the hearing.

E. Oral evidence is to be taken only under oath or affirmation.

F. Generally, except as provided in the following subsection or waived by the party, the order of presentation for the hearing is as follows:

(1) opening of proceedings and taking of appearances by the hearing officer;

(2) disposition of preliminary and pending matters;

(3) opening statement of the department;

(4) opening statement of the appellant;

(5) department's case-in-chief;

(6) appellant's case-in-chief;

(7) department's rebuttal;

(8) department's closing argument;

(9) appellant's closing argument; and

(10) closing of the proceeding by the hearing officer.

G. The burden of proof in matters arising from denial, reduction or termination of adult services lies with the department, which must prove its case by a preponderance of evidence.

H. The hearing officer shall admit only evidence that is relevant to the issue appealed.

I. The hearing is to be recorded by a sound-recording device under the supervision of the hearing officer. No other recording of the hearing, by whatever means, is permitted without the approval of the hearing officer.

N.M. Admin. Code § 8.11.4.21

8.11.4.21 NMAC - N, 3/1/2012