Current through Register Vol. 35, No. 24, December 23, 2024
A. Powers of hearing examiner. In the absence
of any limiting order, a hearing examiner appointed to hear any particular case
shall have the power to regulate the proceedings before him and to perform all
acts and take all measures necessary to conduct such hearing, including the
following powers:
(1) to explain the events
and requirements of the hearing process, including the use of electronic
service, notice and posting on the OSE website;
(2) to establish a procedural schedule for
the administrative proceedings and to modify procedural orders on his own
motion or on motion of a party when necessary or appropriate;
(3) to schedule and conduct conferences and
preliminary hearings when necessary or appropriate to: identify substantive
issues for hearing, set a discovery schedule and hearing date, establish an
official service list, address other preliminary matters, encourage settlement,
and rule on preliminary motions;
(4) to order parties to hold appropriate
settlement conferences before or during any hearing, provided that the hearing
examiner shall not take part in any settlement conference unless all parties
agree to his participation;
(5) to
dismiss parties or actions;
(6) to
apply the procedures of this rule and to grant such waivers to those procedures
as he deems necessary or appropriate;
(7) to issue subpoenas to produce materials
and to require persons to appear;
(8) to provide for appropriate methods of
discovery;
(9) to administer oaths
and affirmations;
(10) to ensure
that all relevant issues relating to impairment, conservation of water within
the state and the public welfare of the state are considered during the
evidentiary hearing and to request, receive and make part of the record all
evidence (testimony and exhibits) determined necessary to decide the issues and
rule upon all objections and motions;
(11) to regulate the conduct and course of
the hearing consistent with due process, including the scheduling, recessing,
reconvening, and adjournment thereof;
(12) to cause a complete record of the
proceedings to be made in accordance with the requirement of NMSA 1978, Section
72-2-17(C);
(13) to make a report and recommendation to
the state engineer based upon the record of the proceedings; and
(14) to take such other action as may be
necessary and appropriate to the discharge of these duties, consistent with the
statutory authority or other authorities under which the state engineer
functions and with the rules and policies of the OSE.
B. Limitation of authority. The state
engineer may limit the authority of the hearing examiner to the specific
consideration of enumerated issues or the performance of certain acts, such as
presiding as directed at hearing, pursuant to a limiting order.
C. Subpoenas. In accordance with NMSA 1978,
Section 72-2-14, the hearing examiner has
the authority to issue subpoenas and to require the production of evidence in
any proceeding before the state engineer, including all hearings, conferences
and discovery proceedings. If a subpoena is issued, the return of service shall
be filed with the hearings unit promptly after service, and shall include a
certificate or affidavit attesting to service.
D. Substitution of parties. Substitution of
parties may be permitted upon motion and for good cause, at the hearing
examiner's discretion.
