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 11.5.5.707 - OBJECTIONS
Universal Citation: 11 NM Admin Code 11.5.5.707
Current through Register Vol. 35, No. 6, March 26, 2024
A. General: Any objection with respect to the conduct of the hearing, including any objection to the introduction of evidence, may be stated orally or in writing, accompanied by a short statement of the grounds for the objection. All objections, and the hearing officer's rulings thereon, shall be included in the record.
(1) If a quorum of
the commission is present at the hearing, any party dissatisfied by a ruling of
the hearing officer may immediately take exception to such ruling.
(a) If an exception is taken, the commission
shall immediately decide whether to sustain or reverse the hearing officer's
ruling.
(b) Failure to take an
exception when a quorum of the commission is present shall constitute a waiver
of the objection.
(2) If
a quorum of the commission is not present at the hearing, an exception to the
hearing officers's ruling is automatic, and shall not be deemed waived by
further participation in the hearing.
B. Offer of proof: Whenever evidence is excluded from the record, the party offering such evidence may make an offer of proof which shall be included in the record of the proceedings.
(1) For excluded oral testimony, an offer of
proof shall consist of a brief statement describing the nature of the excluded
evidence.
(2) For an excluded
exhibit, an offer of proof shall consist of insertion of such exhibit into the
transcript of proceedings. Excluded exhibits placed in the transcript of
proceedings as offers of proofs shall be clearly identified as such, and kept
separate from admitted exhibits.
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