New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS
Part 12 - DISCIPLINE AND APPLICATION DENIALS
Section 16.12.12.13 - HEARINGS AND THE AUTHORITY OF HEARING OFFICERS

Universal Citation: 16 NM Admin Code 16.12.12.13

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

A. If a licensee or applicant requests an evidentiary hearing in response to a notice of contemplated action, the executive director shall designate a hearing officer to preside over the hearing. Alternatively, upon vote of the board, the entire board may preside over the hearing.

B. Subpoenas: The hearing officer or, if the board as a whole presides over the hearing, the board chair shall have the power to issue subpoenas to compel the attendance of witnesses or the production of books, documents or records pertinent to the matter of a case before the board.

C. Continuances:

(1) Following the issuance of a notice of hearing, no party may file a motion for continuance, motion to vacate, or proposed settlement agreement less than seven calendar days prior to the hearing except under extraordinary, unforeseen circumstances beyond the control of the movant. In the absence of such circumstances, a hearing officer may not continue or vacate a hearing in response to a motion submitted to the board later than seven calendar days prior to the hearing. Lack of knowledge or familiarity with this rule are not extraordinary or unforeseen circumstances.

(2) Except as provided in Paragraph (1) of this section, the hearing officer may grant a continuance if the party requesting the continuances submits proof to verify good cause such as illness, availability of new evidence or unavailability of the licensee or licensee's attorney.

(3) A licensee or applicant may only request a continuance if the licensee or applicant signs an affirmative statement that the licensee or applicant waives the right to a hearing held not more than 60 days from the date of service of the notice of hearing.

D. Motions: Parties to a disciplinary case may file written motions for the consideration of the hearing officer or the full board. Any motion must state its legal grounds, including all necessary citations to legal authority, as well as the specific relief requested. Where a party raises an issue in the form of a dispositive motion, the hearing officer shall take any such dispositive motion under advisement and shall present the motion in writing to the board as part of the final hearing officer report.

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.
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