New Mexico Administrative Code
Title 18 - TRANSPORTATION AND HIGHWAYS
Chapter 9 - REGULATORY PROCEDURES
Part 1 - GENERAL PROVISIONS - HEARINGS
Section 18.9.1.11 - HEARING EXAMINER AUTHORITY AND DUTIES

Universal Citation: 18 NM Admin Code 18.9.1.11

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

A. Impartiality: A hearing examiner shall disqualify themselves from any case in which they have a personal stake, relationship or prior involvement in the underlying dispute, or when their impartiality is reasonably questioned.

B. Fairness: A hearing examiner shall ensure parties are provided an opportunity to:

(1) present their position and testimony;

(2) present witnesses to provide relevant information;

(3) submit evidence to establish all pertinent facts;

(4) advance arguments without undue interference;

(5) challenge evidence and cross examine witnesses.

C. Duties: The hearing examiner shall:

(1) provide an explanation to participants as to how the hearing will be conducted;

(2) ensure that witnesses are administered oaths and affirmations;

(3) issue subpoenas upon proper application and form to compel the attendance of witnesses or the production of specific records;

(4) request, receive, and make part of the record all evidence considered necessary to decide the issues raised;

(5) allow parties to state any timely objections for the record;

(6) direct and regulate the procedural process to ensure the orderly conduct of participants;

(7) question any witness in order to fully develop the record and to clarify testimony;

(8) produce and file a recommended decision for review that clearly identifies proposed findings of fact and conclusions of law;

(9) allow, consider and file a response to any timely submitted party exceptions to the recommended decision; and

(10) take such other actions as may be reasonable and necessary in the discharge of their duties.

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.