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 11.5.5.602 - IDENTITY OF WITNESSES

Universal Citation: 11 NM Admin Code 11.5.5.602

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

A. Definition: As used in this Section, "witness" means any person known or reasonably believed to have first-hand knowledge of the facts or circumstances of any matter relevant to any issue in a proceeding under this Part, whether or not any party intends to call such person to testify at the hearing.

B. Request: Except as otherwise provided in Subsection C of this Section, any party, upon request made to another party prior to hearing, is entitled to obtain the following information, to the extent known to the party from whom the information is requested:

(1) the names and addresses of all witnesses;

(2) the relationship, if any, of each such witness to the party of whom the request is made;

(3) a description of the general subject matter of the knowledge of each witness relevant to any issue in the case; and

(4) with regard to each witness, whether the party from whom the information is requested intends to call to testify at the hearing.

C. Response: A party upon whom a request for identity of witnesses has been served shall, within five (5) days after service or such other period as the hearing officer may order upon motion and for good cause, serve upon the requesting party a response providing the requested information, except that:

(1) such information need not be provided as to any officer, employee or agent of the party making the request, unless the party responding to the request intends to call the officer, employee or agent to testify at the hearing; and

(2) if the party responding to the request files a motion for a protective order pursuant to Subsection D of this Section on or before the date the response is due, such information need not be provided as to any person whose identity the responding party is seeking to protect.

D. Protection of witness identity: The hearing officer may, upon motion and for good cause shown, protect the identity of any witness from disclosure.

(1) If such motion is granted, the moving party may not call the witness to testify at the hearing unless the moving party files a supplemental response, not later than ten (10) days before the hearing, providing the information required by Subsection B of this Section.

(2) If such motion is denied, the moving party shall file a supplemental response, within five (5) days after such denial, providing the information required by Subsection B of this Section.

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