New Mexico Administrative Code
Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT
Chapter 29 - LAW ENFORCEMENT ACADEMY
Part 1 - GENERAL PROVISIONS
Section 10.29.1.13 - PROCEEDINGS FOR DENIAL, REVOCATION, OR SUSPENSION BEFORE THE LAW ENFORCEMENT ACADEMY BOARD; ProcedureS
Current through Register Vol. 35, No. 18, September 24, 2024
A. All contemplated actions to deny, suspend or revoke a police officer's or telecommunicator's certification shall be brought before the board before taking effect.
B. An evidentiary hearing will be held if the board receives, within 30 calendar days from the receipt of the notice of contemplated action, a request for hearing. Such request shall be made in writing and shall be addressed to the board. The request may be either personally served upon the director or sent by registered mail to the New Mexico law enforcement academy. If a request for hearing is not received within the time and in the manner required, the board may take the action contemplated in the notice and such action shall be considered final.
C. Within 20 days of receiving a request for hearing the director, or designated hearing clerk, shall issue a scheduling order that includes:
D. A hearing shall be held within 90 days of the date the request for hearing is received unless additional time is agreed upon by the respondent and prosecutor. A written waiver shall be required by the respondent if the time limitations are exceeded.
E. The respondent may, within 10 calendar days after receiving the scheduling order, file with the board as concise statement of the issues on which he or she wishes to be heard regarding the alleged misconduct and a concise statement setting forth the factual grounds and authorities relied upon.
F. The parties shall file with the board a list of witnesses and brief description of their testimony and all anticipated exhibits to be introduced at the hearing at least 10 calendar days in advance of the hearing date.
G. The board may appoint a hearing officer to receive testimony and make recommendations to the board.
H. Neither an appointed hearing officer nor any member of the board shall participate in any adjudicatory proceeding if, for any reason, the hearing officer or board member cannot afford a fair and impartial hearing to the parties.
I. Either party may peremptorily excuse one hearing officer by filing a notice of peremptory excusal within 10 calendar days of receipt of the scheduling order.
J. Either party may petition to excuse a hearing officer or board member for good cause from hearing or deciding the case by filing a motion of excusal at least 20 calendar days prior to the date of the hearing or board meeting and states with particularity the specific reasons for excusal. The board or designated hearing officer shall rule on motions of excusal and no interlocutory appeal of the decision shall be permitted.
K. Parties are not to discuss the merits of any pending adjudicatory proceeding with members of the board or a designated hearing officer unless both parties, or their respective representatives, are present or included in the communication.
L. The parties may engage in discovery limited to interrogatories, requests for production, and requests for admission.
M. In connection with any hearing under these rules, the board or hearing officer shall have power to have counsel to develop the case; to subpoena, for purposes of discover and of the hearing, witnesses and relevant books, papers, documents, and other evidence; to administer oaths or affirmations to witnesses called to testify; to take testimony; to examine witnesses; and to direct a continuance of any case. Hearing officers may also hold conferences before or during the hearing for the settlement or simplification of the issues with the consent of the respondent.
N. Proposed settlements may be proposed by the administrative prosecutor, and shall be accompanied by a waiver by the respondent of time limits imposed by these rules. Any proposed settlement is subject to final approval by the board.
O. Extensions of time requirements set forth in these rules shall be granted in the discretion of the hearing officer or the board. The hearing officer shall ensure that necessary waivers are provided as needed when granting extensions.
P. The hearing officer may allow the record to remain open for no more than 30 days to permit the parties to submit proposed findings. The decision to leave the record open shall be in the absolute discretion of the hearing officer as well as the decision to incorporate or exclude any submitted finding in the final report to the board.
