New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 10 - NON-COAL MINING
Part 15 - MINING COMMISSION RULEMAKING
Section 19.10.15.10 - POWERS AND DUTIES OF COMMISSION AND HEARING OFFICER

Universal Citation: 19 NM Admin Code 19.10.15.10

Current through Register Vol. 35, No. 24, December 23, 2024

A. Commission. The commission shall exercise all powers and duties prescribed under 19.10.15 NMAC and not otherwise delegated to the hearing officer or the commission administrator.

B. Hearing officer. The commission shall designate a hearing officer for each hearing who shall exercise all powers and duties prescribed or delegated under 19.10.15 NMAC. The hearing officer may be an appointed member of the commission. The hearing officer shall conduct a fair and impartial proceeding, assure that the facts are fully elicited and avoid delay. The hearing officer shall have authority to take all measures necessary for the maintenance of order and for the efficient, fair and impartial consideration of issues arising in proceedings 19.10.15 NMAC governs, including, but not limited to:

(1) conducting hearings under 19.10.15 NMAC;

(2) taking, admitting or excluding evidence, examining witnesses and allowing post-hearing submissions;

(3) making such orders as may be necessary to preserve decorum and to protect the orderly hearing process;

(4) if requested by the commission, preparing and filing a report of the hearing, with recommendations for commission action;

(5) requesting parties to file original documents with the commission administrator; and

(6) requesting a party to submit a proposed statement of reason in support of the commission's decision.

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