New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS
Part 2 - HEARINGS UNIT PROCEDURES
Section 19.25.2.15 - SCHEDULING AND CONDUCT OF PRE-HEARING MATTERS
Current through Register Vol. 35, No. 6, March 26, 2024
The hearing examiner may establish conferences at regular times and places and at intervals sufficiently frequent for the orderly management of the proceedings. These may include scheduling conferences, status reviews, settlement conferences, motions hearings, pre-hearing conferences, and all other matters relevant to the achievement of a productive and efficient decision making process.
A. Procedural schedule. The hearing examiner shall issue a procedural order that contains a statement of the issues to be heard and sets a procedural schedule. In the absence of a specific finding and order from the hearing examiner, all discovery and motions shall be completed within 150 days from the date of the initial scheduling conference, and the final hearing shall be held within 180 days from the date of the scheduling conference. The hearing examiner may periodically conduct status reviews of the progress of the proceedings, and may issue procedural orders modifying the procedural schedule as necessary or appropriate.
B. Pre-hearing and status conferences. The hearing examiner may conduct pre-hearing or other status conferences to simplify issues for hearing; rule on or otherwise consider outstanding motions or other pleadings; address stipulations, and admissions of fact and documents; address limitations on the number of witnesses or time allocated to particular witnesses or issues at hearing, order of witness presentation and scheduling of testimony and amount of time anticipated for direct and cross examinations; and any other relevant matters that may aid in the hearing process. The orders and rulings resulting from the pre-hearing conference shall control the subsequent course of the proceedings and final hearing, unless otherwise ordered by the hearing examiner.
C. Alternative dispute resolution. The hearing examiner may order any or all parties to participate in an OSE-facilitated ADR process or to attend a settlement conference to assist in reaching a settlement at the earliest possible stage, resolve disputed facts or issues, expedite the hearing process, and conserve resources.
D. Motions hearings. The hearing examiner may rule on a motion, other than for summary judgment, based on the pleadings or may schedule a hearing on the motion, at the hearing examiner's discretion.
E. Summary judgment motions. Motions for summary judgment that are dispositive of any administrative or enforcement matter shall not be granted without a hearing. The hearing examiner shall submit a report and recommendation as to the dispositive motion to the state engineer for final decision in accordance with 19.25.2.28 and 29 NMAC.
F. Attendance at scheduled proceedings. All parties shall attend scheduled hearings, conferences or other proceedings fully prepared to discuss all matters noticed and to address any outstanding motions or pleadings. Without good cause shown, the failure of a party to attend or be prepared to discuss those matters set to be heard shall constitute a waiver of any objection to any agreement reached or to any order or ruling made as a result of the proceeding, and may be grounds for adverse action by the hearing examiner on the pleading of the party failing to appear.
G. Scheduling of site visits. The hearing examiner may schedule site visits, subject to notice to the parties and the opportunity for parties to attend.
