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. 6, March 26, 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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