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 11.5.5.803 - REOPENING OF HEARING
Universal Citation: 11 NM Admin Code 11.5.5.803
Current through Register Vol. 35, No. 18, September 24, 2024
A. General: A hearing may be reopened to permit the taking of additional evidence at any time prior to issuance of an order on any issue heard at the hearing, upon a finding by the commission or the hearing officer, as applicable:
(1) as to any excluded evidence,
whether or not in response to a motion of a party, that such exclusion was both
erroneous and prejudicial; provided:
(a) if a
quorum of the commission was present at the hearing, the party offering the
evidence took exception to the hearing officer's ruling; and
(b) in any event, the party offering the
evidence submitted an offer of proof; or
(2) upon motion of a party alleging that new
evidence exists, that such new evidence:
(a)
was not, and could not have been, considered at the hearing; and
(b) is relevant and likely to be admissible
at the hearing.
B. Limitation of reopened hearing: Any hearing reopened pursuant to Subsection A of this Section shall be limited to the specific issues set forth in the order reopening the hearing.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
