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 11.5.5.702 - CONTINUANCE OF HEARINGS

(1) Except as provided in Paragraph 2 of this Subsection, the hearing officer may grant a continuance of any hearing upon motion of any party and for good cause.

(2) In a case initiated by a notice of contest, no continuance that would result in the commencement of the hearing on the merits later than thirty (30) days after the commission secretary's receipt of the respondent's answer shall be granted without the concurrence of the respondent, unless the hearing officer finds that the continuance is reasonably required due to some action, or failure to act, on the part of the respondent.

(1) If the hearing officer orders a continuance of the hearing, the order may specify the time and place of such continuance, or direct the commission secretary to issue a new notice of hearing for a time and place to be determined by the commission secretary subject to any limitation the hearing officer may order.

(2) If the order granting a continuance directs the commission secretary to issue a new notice of hearing, the commission secretary shall make a reasonable effort to secure the agreement of all parties on the time and place of such continued hearing before issuing the new notice of hearing. If the secretary is unable to secure such agreement by the parties, the continued hearing shall be set for a time and place determined by the commission secretary subject only to the limitations imposed by the hearing officer. The provisions of Section 701.C [now Subsection C of 11.5.5.701 NMAC] shall apply to the new notice of hearing.