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 11.5.5.704 - FAILURE TO APPEAR
Universal Citation: 11 NM Admin Code 11.5.5.704
Current through Register Vol. 35, No. 6, March 26, 2024
A. Sanction: If a party fails to appear for a hearing, the commission or the hearing officer may impose such sanctions as the commission or hearing officer, as applicable, deems appropriate; provided, any such sanctions having the effect of ultimately disposing of the case may be imposed only by the commission.
B. Setting aside of sanction: The commission or hearing officer, as applicable, shall set aside any sanctions imposed pursuant to Subsection A of this Section only upon motion of the party failing to appear and a showing that:
(1) the party did not receive the
notice of hearing; or
(2) the
party's failure to appear was not reasonably avoidable.
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