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 11.5.5.201 - FORM OF DOCUMENTS

Universal Citation: 11 NM Admin Code 11.5.5.201

Current through Register Vol. 35, No. 18, September 24, 2024

A. General: Unless otherwise provided in this Part, all documents, except exhibits attached to other documents, filed or served in any proceeding under this Part shall be substantially in the format illustrated in Section 1000 [now 11.5.5.1000 NMAC], or any other applicable form illustrated in Subpart X [now Sections 11.5.5.1000 through 1018 NMAC].

B. Signing of documents:

(1) Except as provided in Paragraph 2 of this Subsection and in Subsection C of this Section, each document filed under this Part shall contain the name, address, and telephone number of, and shall be signed by, the party filing the document or by that party's advocate.
(a) The signature on a document constitutes a certificate that the signer has read the document; that to the best of the signer's knowledge, information and belief the statements made in the document are true; that there are good grounds to support the document; and that the document is not interposed for delay. If a document is signed with the intent to defeat the purpose of this Section, the document may be stricken as sham and false, and the case may proceed as if the document had not been filed or served.

(b) Only the original of a document is required to bear an original signature. Copies may either bear a copy of the signature or an indication, by rubber stamp, the symbol "s/", or other means, that the original was signed by the person whose signature block appears on the document.

(2) An affidavit of posting shall be signed by the person who actually accomplished the required posting, and shall contain that person's name, address and telephone number. An affidavit of explanation for non-posting filed in lieu of an affidavit of posting shall be signed by a person who has actual knowledge of the facts stated in the affidavit of non-posting. The certificate of service, if applicable, accompanying either form of affidavit shall be signed by the party filing the affidavit, or that party's advocate.

C. Exhibits:

(1) Exhibits prepared specifically for attachment to other documents filed or served under this Part shall, to the extent feasible, comply with the general format illustrated in Section 1000 [now 11.5.5.1000 NMAC], except that a heading and caption are not required, and a signature block is required only if otherwise appropriate (such as for an affidavit)

(2) Exhibits attached to other documents served or filed under this Part, but not prepared specifically for that purpose (for example, a copy of a pre-existing letter), need not comply with the format illustrated in Section 1000 [now 11.5.5.1000 NMAC]; but if feasible, documents larger than 8 1/2 x 11 inches shall be reduced to 8 1/2 x 11 inches before being attached as exhibits.

(3) Each exhibit shall be labelled with the word "EXHIBIT" followed by an exhibit letter (for example, "EXHIBIT A"), centered in the bottom margin.

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