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 11.5.5.804 - DECISIONS ON THE MERITS

Universal Citation: 11 NM Admin Code 11.5.5.804

Current through Register Vol. 35, No. 18, September 24, 2024

A. Form: All decisions on the merits shall be by written order signed by the commission members deciding the contest. The order shall set forth the facts necessary to an understanding of the case, the reasons for the decision, and the decision.

B. Concurring or dissenting opinion: Any commission member who does not agree in full with the majority may write a concurring or dissenting opinion, which shall be included with the commission's decision.

C. Filing and service of, and response to, recommended decision: If a hearing officer, other than a commission member or the commission counsel, has been directed by the commission to submit a recommended decision, the hearing officer shall serve a copy of the recommended decision upon each party and file the original with the commission secretary.

(1) Any party may file a response to the recommended decision, including argument for or against the recommended decision or for modification of the recommended decision, within twenty (20) days after service of the recommended decision.

(2) Any response to the recommended decision shall include appropriate citations to the hearing record or to legal authority. No new evidence shall be included in a response, nor shall any legal argument be presented that was not presented at the hearing unless the party filing the response shows that the issue addressed by such legal argument could not reasonably have been anticipated at the hearing.

(3) As used in this Subsection, "recommended decision" includes proposed findings of fact and conclusions of law.

D. Non-applicability of SCRA 1986, 1-058: The provisions of SCRA 1986, 1-058 shall not apply to orders of the commission or the hearing officer. The provisions of this Part regarding submission of and comment upon proposed orders shall instead apply.

E. Effective date of orders: All orders, whether issued by the commission or by the hearing officer, shall become effective immediately upon filing.

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.