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 11.5.5.801 - FILING OF TRANSCRIPT; NOTICE; CORRECTION

Universal Citation: 11 NM Admin Code 11.5.5.801

Current through Register Vol. 35, No. 6, March 26, 2024

A. Filing: A copy the original of the transcript, duly certified by the reporter, shall be filed with the commission secretary as soon as practicable after conclusion of the hearing.

B. Notice of transcript filing: Upon receipt of the transcript of proceedings, the commission secretary shall issue a notice of transcript filing and serve a conformed copy upon each party.

C. Corrections to transcript: Corrections to the transcript may be made by the following procedure:

(1) All parties to a case may stipulate to a correction to the transcript. The original of any such stipulation shall be filed with the commission secretary, and a copy thereof shall be served on the court reporter by the party initiating the stipulations.

(2) If the parties are unable to stipulate to correction of the transcript, then within ten days after service of the notice of transcript filing a party seeking to make corrections shall send to the court reporter a list of the proposed corrections, by page and line number, setting forth the language as it appears in the transcript and the language as the party believes it should appear. The list shall also include adequate space for the court reporter to make the annotations required by Subparagraph b of this Paragraph.
(a) A copy of the correspondence with the court reporter shall be sent to each other party to the case, but shall not be filed with the commission at the time it is sent.

(b) Upon receipt of the proposed transcript corrections, the court reporter will check the original stenographic record and will indicate, in the space provided for each proposed correction:
(i) concurrence, if the court reporter agrees with the proposed correction;

(ii) non-concurrence, if the court reporter believes the original language is correct; or

(iii) the language as it should appear, if the court reporter determines that the original language is in error but does not agree with the proposed correction.

(c) Upon completion of the actions required by Subparagraph b of this Paragraph, the court reporter shall return the annotated list of proposed corrections to the party submitting it.

(d) Upon receipt of the annotated list of proposed transcript corrections, the initiating party shall prepare an appropriate document in the format illustrated in Section 1000 [now 11.5.5.1000 NMAC], attach the proposed corrections as an exhibit, file the document with the commission secretary, and serve a copy on each other party and on the court reporter.

(e) Any other party may file objections to the proposed transcript corrections within five (5) days after the date of service of the corrections. Any party filing objections shall serve a copy of the objections on each other party to the case and on the court reporter.
(i) In the absence of a timely objection, the proposed transcript corrections as annotated by the court reporter shall be accepted as accurate.

(ii) If a timely objection is filed, the hearing officer shall rule on such objections. Such ruling shall be without hearing, unless otherwise ordered by the hearing officer. A copy of such ruling shall be served by the commission secretary on each party and on the court reporter.

(3) The commission secretary shall enter on the original transcript of hearing in the case file all corrections made pursuant to this Subsection, and shall enter and sign the following annotation on the first page of the transcript: "Transcript corrections made pursuant to [stipulation] [proposed corrections] [order] filed [date of filing]."

D. Non-delay of briefing schedule: The submission of proposed transcript corrections shall not delay the date by which briefs or proposed findings of fact and conclusions of law are due, pursuant to Section 802 [now 11.5.5.802 NMAC], unless otherwise ordered by the hearing officer on motion of a party.

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