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 11.5.5.705 - CONDUCT OF HEARING
Universal Citation: 11 NM Admin Code 11.5.5.705
Current through Register Vol. 35, No. 18, September 24, 2024
A. New Mexico Rules of Evidence as general guidance: Except as otherwise provided in Subsection B of this Section, the New Mexico Rules of Evidence, SCRA 1986, 11-101 to 11-1102, shall be used as a general guide to the principles of evidence and may be used by the commission or hearing officer in determining the weight to be given any item of evidence, but shall not be binding in the determination of the admissibility of evidence.
B. Specific provisions of Rules of Evidence applicable to commission proceedings:
(1) The following provisions of the New
Mexico Rules of Evidence shall be binding in commission proceedings:
(a) Article 2, Judicial Notice; provided, the
term "judicial notice" shall be construed to mean "official notice";
(b) Article 4, Relevancy and its Limits;
provided, for purposes of SCRA 1986, 11-408, the informal administrative review
shall be deemed a compromise negotiation;
(c) Article 5, Privileges;
(d) the following portions of Article 6,
Witnesses:
(i) Rule 11-603, Oath or
Affirmation;
(ii) Rule 11-604,
Interpreters;
(iii) Rule 11-605,
Competency of Judge as Witness;
(iv) Rule 11-614, Calling and Interrogation
of Witnesses by Judge; and
(v) Rule
11-615, Exclusion of Witnesses; and
(e) Rule 11-804.A, Definition of
Unavailability.
(2) The
term "judge" or "court", as used in any provision of the New Mexico rules of
evidence made applicable to commission proceedings by Paragraph 1 of this
Subsection, shall be construed to mean, as the context requires, the
commission, any commission member, or the hearing officer.
C. Exhibits:
(1) All exhibits offered in evidence shall be
marked with a designation identifying the party by whom the exhibit is offered,
and numbered serially in the sequence in which they are offered.
(2) Large charts and diagrams, models, and
other bulky exhibits are discouraged. Exhibits shall be limited to 8 1/2 x 11
inches, or be capable of being folded and placed in an 8 1/2 x 11-inch
envelope, unless the hearing officer finds that an exception is necessary for
adequate presentation of the offering party's case.
(3) The original of each exhibit shall be
given to the court reporter. Unless the hearing officer finds it impractical, a
copy of each exhibit shall be given to the hearing officer, each commission
member, the commission counsel, and each party. Copies for any person entitled
to a copy but not present at the hearing shall be given to the commission
secretary or, in the absence of the commission secretary, the hearing officer,
unless otherwise ordered by the hearing officer.
(4) Exhibits denied admission into evidence
shall not be included in the tanscript of proceedings unless the party offering
the exhibits tenders the exhibit as an offer of proof pursuant to Section
707.B.2 [now Paragraph (2) of Subsection B of 11.5.5.707 NMAC].
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