Current through Register Vol. 35, No. 6, March 26, 2024
A. The rules of civil procedure and the rules
of evidence shall not apply.
B. The
hearing officer shall conduct the hearing to provide a reasonable opportunity
for all persons to be heard without making the hearing unreasonably lengthy or
cumbersome, or burdening the record with unnecessary repetition. The hearing
shall proceed as follows.
(1) The hearing
shall begin with an opening statement from the hearing officer. The statement
shall identify the hearing's nature and subject matter, and explain the
procedures to be followed.
(2) The
hearing officer may allow a brief opening statement by any party who wishes to
make one.
(3) Unless otherwise
ordered, the petitioner shall present the proposed rule first.
(4) The hearing officer shall establish an
order for the testimony of other participants. The order may be based upon
notices of intent to present technical testimony, sign-in sheets and the
availability of witnesses who cannot be present for the entire
hearing.
(5) If the hearing
continues for more than one day, the hearing officer shall provide an
opportunity each day for testimony from members of the public. Members of the
public who wish to present testimony should indicate their intent on a sign-in
sheet.
(6) The hearing officer may
allow a brief closing argument by any person who wishes to make one.
(7) At the close of the hearing, the hearing
officer shall determine whether to keep the record open for written submittals
in accordance with 19.10.15.27 NMAC. If the record is kept open, the hearing
officer shall determine and announce the subject(s) on which submittals will be
allowed and the deadline for filing the submittals.
C. If the hearing is conducted at multiple
locations, the hearing officer may require the petitioner's witnesses to
summarize their testimony or be available for cross-examination at each
location. Other participants are not required to testify at more than one
location, and the hearing officer may prohibit a witness from testifying at
more than one location.
