New Mexico Administrative Code
Title 11 - LABOR AND WORKERS' COMPENSATION
Chapter 21 - LABOR UNIONS/LABOR RELATIONS
Part 1 - GENERAL PROVISIONS
Section 11.21.1.22 - BURDEN OF PROOF
Current through Register Vol. 35, No. 6, March 26, 2024
A. Except in unit clarification proceedings, no party shall have the burden of proof in a representation proceeding. Rather, the director in the investigatory phase or the hearing examiner shall have the responsibility of developing a fully sufficient record for a determination to be made and may request any party to present evidence or arguments in any order. In a unit clarification proceeding, a party seeking any change in an existing appropriate unit, or in the description of such a unit, shall have the burden of proof and the burden of going forward with the evidence.
B. In a prohibited practices proceeding, the complaining party has the burden of proof and the burden of going forward with the evidence.