New Mexico Administrative Code
Title 18 - TRANSPORTATION AND HIGHWAYS
Chapter 9 - REGULATORY PROCEDURES
Part 1 - GENERAL PROVISIONS - HEARINGS
Section 18.9.1.12 - PRE-HEARING EVENTS

Universal Citation: 18 NM Admin Code 18.9.1.12

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

A. Pre-hearing conference: A hearing examiner may conduct a pre-hearing conference of the parties as necessary to inform and confer on procedural issues and timelines, clarify issues in dispute, address motions or discovery disputes, and support settlement negotiations between the parties.

B. Procedural scheduling order: A hearing examiner may coordinate with the parties to create a schedule of pre-hearing events and a timeline for the hearing.

C. Subpoena: At any time prior to the hearing, a party may file a request for the issuance of a subpoena for a witness or specific document to be presented at hearing. Such request must set forth the reasons supporting the issuance and be accompanied by a proposed subpoena form. The return of certificated service, or affidavit of service, shall be promptly filed.

D. Informal resolution: The parties are encouraged to engage in informal discussions to identify issues in dispute and consider possible resolutions or stipulations.

E. Settlement: The parties may resolve some or all of the issues at any time and file their signed, written agreement in the record. Once filed, the hearing examiner may, subject to reconsideration, limit the scope of the hearing or dismiss the case, as indicated by the agreement.

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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