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. 6, March 26, 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.
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