New Mexico Administrative Code
Title 18 - TRANSPORTATION AND HIGHWAYS
Chapter 9 - REGULATORY PROCEDURES
Part 1 - GENERAL PROVISIONS - HEARINGS
Section 18.9.1.18 - POST-HEARING
Current through Register Vol. 35, No. 18, September 24, 2024
A. Record of proceedings, evidence and testimony: A full and complete record of all proceedings shall be made electronically by recording and taken and transcribed by a certified court reporter. The transcribed record and entered exhibits shall be filed in the docket upon receipt by the hearing examiner.
B. Corrections: Suggested corrections to the transcript or record must be filed within 10 calendar days after the transcript is filed, except for good cause shown. Failure to timely file suggested corrections without good cause constitutes a waiver of objections to the transcript. The hearing examiner shall, with or without public hearing, determine what changes, if any, shall be adopted.
C. Briefs: At the discretion and direction of the hearing examiner, the parties may file proposed findings of fact and conclusions of law, briefs of arguments and response briefs, or to submit written memoranda on specific points of law. Citations to the transcript shall use the form "Tr." followed by the transcript page number. If a transcript is made by electronic recording, citation to the transcript shall use time markers.
D. Recommended decision: The hearing examiner shall file and serve a proposed recommended decision with clear findings of fact based solely on the record and conclusions of law. Citations to the recommended decision shall use the form "RD" followed by the page number.
E. Exceptions and response: Parties may file exceptions to the recommended decision's findings of fact or conclusions of law within 15 calendar days of issuance. Unless otherwise allowed by the hearing examiner, exceptions are limited to 10 pages. No response to an exception is permitted unless directed by the hearing examiner. The hearing examiner shall consider any exceptions and directed responses and shall file either an amended recommended decision or an order that the recommended decision is unchanged.
