New Mexico Administrative Code
Title 11 - LABOR AND WORKERS' COMPENSATION
Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY
Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES
Section 11.5.5.107 - RECUSAL OR DISQUALIFICATION OF COMMISSION MEMBER OR HEARING OFFICER
Universal Citation: 11 NM Admin Code 11.5.5.107
Current through Register Vol. 35, No. 18, September 24, 2024
A. Notice of voluntary recusal: A commission member or hearing officer may file a notice of voluntary recusal at any time. The specific grounds for recusal need not be stated. Any commission member or hearing officer filing a notice of voluntary recusal shall serve a copy thereof on each party.
B. Motion to disqualify: Any party seeking to disqualify a commission member or the hearing officer shall file a timely motion for disqualification, stating the grounds therefor with particularity.
C. Ruling:
(1) A motion seeking
disqualification of a commission member shall be ruled upon by that member,
whose ruling shall not be subject to review by the commission.
(2) A motion seeking disqualification of a
hearing officer shall be ruled upon initially by the hearing officer. Denial of
such motion may be appealed to the commission within five (5) days after such
denial. Any such appeal not ruled upon within ten (10) days after filing shall
be deemed denied.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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