Current through Register Vol. 35, No. 18, September 24, 2024
A. GROUNDS FOR RECUSAL: A commissioner shall
recuse from a matter in which the commissioner is unable to make a fair and
impartial decision, or in which there is reasonable doubt over whether the
commissioner can make a fair and impartial decision, because the commissioner:
(1) has, or appears to have, a personal bias
or prejudice concerning a party to the matter;
(2) has prejudged a disputed evidentiary fact
involved in the matter;
(3) has a
pecuniary interest in the outcome of the matter;
(4) has previously served as an attorney,
advisor, consultant or witness in the matter in controversy;
(5) has served as a hearing officer in the
matter pursuant to Subsection A of 1.8.3.13 NMAC; or
(6) believes it is inappropriate to
participate in the matter because of an actual or apparent conflict of interest
or lack of impartiality in the matter.
B. NOTICE OF RECUSAL: The commissioner shall
send notice in writing to the director of a decision to recuse on a matter.
That decision shall be communicated to the other commissioners and be publicly
disclosed in accordance with the disclosure provisions that apply to commission
proceedings.
C. PROCEDURE FOR
REQUESTING RECUSAL OR DISQUALIFICATION: When a commissioner subject to recusal
under subpart A of this rule does not recuse on his or her own initiative:
(1) a party may request that the commissioner
be disqualified, in a motion setting forth the grounds for the
request;
(2) such a motion shall be
filed with the director, not less than 10 days prior to a hearing in which the
commissioner may participate, unless the party did not or could not reasonably
have known of the alleged grounds for the request at that time;
(3) the director shall immediately notify the
subject commissioner of the motion and ascertain whether the commissioner
intends to recuse;
(4) if the
commissioner does not recuse, the commissioner shall provide and make available
to the public a full written explanation of the refusal to recuse.
D. APPEAL FROM REFUSAL TO RECUSE:
(1) The party requesting recusal may appeal
to the full commission the decision by the commissioner not to
recuse.
(2) The rest of the
commissioners shall, by majority vote, decide whether to disqualify the
commissioner who is the subject of the disqualification motion.
