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 11.5.5.603 - PRODUCTION OF DOCUMENTS

Universal Citation: 11 NM Admin Code 11.5.5.603

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

A. Definition: As used in this Section, "document" includes writings, drawings, graphs, charts, photographs, audio recordings and other data compilations from which information can be obtained, and if necessary, translated through detection devices into reasonably usable form. In addition, each copy of a document that is not identical in all respects to every other copy shall be considered a separate document.

B. Request: Any party, upon written request made to another party, is entitled to inspect and make copies of any relevant documents in the possession or control of the other party, whether or not such documents are intended to be offered into evidence, subject only to such privilege as may be interposed. The request shall:

(1) set forth the items to be inspected, either by individual item or by category;

(2) describe each item and category with reasonable particularity; and

(3) specify a reasonable time, place and manner of making the inspection and copying the documents.

C. Response: A party upon whom a request for access to documents is served shall fully comply with the request unless such party serves a written objection upon the requesting party. Any such objection shall be served no later than seven (7) days prior to the specified date of inspection or, if the request is received later than seven (7) days prior to such date, on or before the specified date of inspection.

(1) If objection is made to the time, place or manner specified for inspection and copying of documents, the responding party shall specify an alternate time, place or manner. If the parties subsequently are unable to agree as to the time, place, and manner of document inspection, the hearing officer, upon motion of the party seeking access, shall determine the time, place and manner thereof.

(2) If objection is made to production of specified documents, the specific ground for objection as to each such document shall be stated. Inspection of the documents specified in the objection shall not be allowed except upon order of the hearing officer. The hearing officer may conduct an in camera review of such documents as an aid in determining whether inspection should be allowed.

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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