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 11.5.5.112 - EX PARTE DISCUSSIONS
Universal Citation: 11 NM Admin Code 11.5.5.112
Current through Register Vol. 35, No. 6, March 26, 2024
A. General:
(1) At no time during
the pendency of a case shall any party or any advocate, officer, agent, or
employee of a party discuss the merits of the case with any commission member,
commission counsel, commission secretary, or hearing officer, except as
provided in Subsection B of this Section.
(2) Paragraph 1 of this Subsection shall not
be construed to preclude:
(a) the disclosure
of any information contained in the commission's records to any person,
including a party, so long as such information is not otherwise protected by
law; nor
(b) the commission
secretary or commission counsel from discussing individually with any party or
any party's advocate, procedural matters such as the scheduling of hearings and
similar non-substantive issues, so long as no party is afforded preferential
treatment in any such discussion.
B. Communications to be on the record: Any communication by a party with the commission, any commission member, the commission counsel, or the hearing officer relating to the merits of any case pending before the commission shall be:
(1) in open hearing; or
(2) in writing and in compliance with the
format and service requirements set forth in Subpart II [now Sections
11.5.5.201 through 11.5.5.203 NMAC] of this Part.
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