N.M. Admin. Code § 8.11.4.22

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

Section 8.11.4.22 - POST-HEARING

A. The hearing officer may require or permit written closing post-hearing briefs and proposed findings of facts and conclusions of law.

B. The hearing officer shall submit a recommended decision to the secretary as soon as practicable, but no later that 20 working days after the expiration of any time set for the submittal of any last post-hearing proposed findings of facts and conclusions of law, arguments or briefs.

C. As a general rule, the secretary will only consider the hearing officer's recommended decision, post-hearing briefs and proposed finding of fact and conclusions of law. Where circumstances warrant, the secretary may review all or a portion of the record before the hearing officer.

(1) The secretary will not consider any additional evidence or affidavits not in the official record of the hearing or in pleadings not filed in accordance with the hearing officer's scheduling order.

(2) If the secretary disagrees with the findings and conclusions of the hearing officer, the secretary shall issue a separate order which clarifies the findings and conclusions at issue and the reasons a different decision is warranted. An appeal of the final decision by the secretary may be made in accordance with applicable law.

D. The secretary shall render a final determination as soon as practicable but no later than 15 working days after submission of the hearing officer's recommended decision. A copy of the final decision shall be mailed or emailed to each party or attorney of record immediately upon entry of the secretary's final decision. The secretary's decision is final and non-appealable except as otherwise provided by law.

N.M. Admin. Code § 8.11.4.22

8.11.4.22 NMAC - N, 3/1/2012