New Mexico Administrative Code
Title 13 - INSURANCE
Chapter 1 - INSURANCE GENERAL PROVISIONS
Part 5 - FORMAL ADMINISTRATIVE HEARINGS
Section 13.1.5.13 - HEARING LOCATION, TIME AND PLACE, NOTICE OF HEARING
Universal Citation: 13 NM Admin Code 13.1.5.13
Current through Register Vol. 35, No. 18, September 24, 2024
A. Location.
(1) In the absence of any statutory
requirements to the contrary, all hearings conducted by OSI shall occur in
Santa Fe, unless the hearing officer orders the parties to appear at another
location in New Mexico.
(2) The
parties may express a mutual preference for location of the hearing in their
request for hearing.
(3) In
selecting a location other than Santa Fe, the hearing officer shall consider
and give weight to the location and wishes of the parties, witnesses, access
for a hearing officer with expertise in the matter, and the scheduling and
staffing needs of OSI.
(4) If
selection of a location other than Santa Fe would cause an unreasonable, undue
burden to any party, that party may file a written objection to the selected
location within 10 days of issuance of the notice of hearing, articulating the
reasons supporting the objection. The hearing officer shall promptly review the
objection and, upon a showing of an unreasonable, undue burden, may move the
hearing to another more reasonable location and the superintendent may
designate another hearing officer if necessary.
B. Notice. OSI shall notify the parties to the hearing of the date, time and, place scheduled for the hearing at least fourteen days before the scheduled hearing. This notice shall be directed to the party's attorney, or to the last known address of any unrepresented party. Notice will be sent by US mail unless the parties have requested an alternate method of notification that is acceptable to OSI.
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