New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 10 - NON-COAL MINING
Part 14 - MINING COMMISSION ADJUDICATORY REVIEW
Section 19.10.14.1432 - EVIDENCE
Current through Register Vol. 35, No. 6, March 26, 2024
A. The Hearing Officer shall admit any relevant evidence, unless it is immaterial, repetitious, or otherwise unreliable. Evidence relating to settlement is not admissible.
B. All or portions of the administrative record before the Director shall be admitted into evidence at the request of any party or interested participant or at the Commission's request. The party or interested participant who requested the administrative record to be admitted into evidence shall pay for the cost of copies if the Commission requests such copies. Copies may be made by any party or interested participant so long as the copies match the documents in the record.
C. Witnesses shall be examined orally, under oath or affirmation. The Commission, Hearing Officer, parties and interested participants shall have the right to cross-examine a witness. The Hearing Officer will limit cross-examination that he determines to be unduly repetitious, harassment or beyond the scope of the witness' direct testimony.
D. All exhibits offered in evidence shall be marked with a designation identifying the party or interested participant offering the exhibit, and numbered in the sequence in which offered.
E. The Hearing Officer may take official notice of any matter that may be judicially noticed in New Mexico courts.
F. The Commission strongly urges the parties to enter into stipulations of fact to expedite the hearing process. Any stipulation of facts must be filed with the Commission at least 10 business days before the hearing.
