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 19.25.2.22 - CONDUCT OF HEARINGS ON AGGRIEVED AND PROTESTED APPLICATIONS
Current through Register Vol. 35, No. 6, March 26, 2024
Evidentiary hearings on the merits of a pending matter are formal, recorded proceedings at which the testimony of witnesses is taken under oath and exhibits are presented for consideration of the hearing examiner for admission as evidence in the record. The course of the hearing shall generally proceed as follows, unless otherwise directed by the hearing examiner:
A. Entry of appearances. The parties shall enter their appearances at the beginning of the hearing and shall be made through counsel of record, or individually by any pro se party.
B. Preliminary matters. The hearing examiner will address preliminary matters, including outstanding motions, the presentation and admission of exhibits deemed admitted pursuant to the scheduling order, stipulations, and other items not previously ruled on as deemed appropriate.
C. Opening statements. At the discretion of the hearing examiner, the parties may present brief opening statements summarizing their positions concerning the issues in dispute, prior to the presentation of any witnesses.
D. Order of witnesses. Unless otherwise directed by the hearing examiner, evidence will be presented in the order of applicant's direct case, including witnesses and exhibits, in support of its position; protestant(s)' responsive case, including witnesses and exhibits, in support of their position and in rebuttal to applicant's position and evidence; the WRD's presentation of its direct and rebuttal case, including direct witnesses and exhibits and rebuttal witnesses and exhibits; and applicant's rebuttal case. Surrebuttal shall only be allowed at the discretion of the hearing examiner.
E. Cross-examination. The parties shall have a reasonable opportunity to cross-examine the witnesses of opposing parties. Cross-examination shall be limited to matters addressed on direct examination of the witness or matters contained in exhibits prepared by the witness, unless otherwise permitted by the hearing examiner. The hearing examiner may limit repetitious cross-examination.
F. Supplementation of testimony. Testimony of a witness may, at the discretion of the hearing examiner and subject to cross examination and objection, be supplemented with graphics or computerized presentations, provided that the presenting party has given advance notice of its intent to do so, the projected images presented are disclosed as proposed exhibits pursuant to the scheduling order, and the proposed exhibit number or identifiers are clearly marked and visible on each graphic presentation.
G. Closing statements. Closing statements may be allowed at the discretion of the hearing examiner.
H. Conduct of participants. All parties, witnesses, counsel, staff, spectators and other persons shall conduct themselves in a respectful and orderly manner. Disruptions of any kind at hearings shall not be permitted. Any disregard of the rulings of the hearing examiner on matters of order and procedure by any person may be noted on the record and the hearing examiner may take appropriate action pursuant to Chapter 72 of the New Mexico Statutes Annotated, the Rules of Civil Procedure for District Courts and the Rules of Professional Conduct. The hearing examiner may adjourn, recess, or continue any hearing if the behavior of any person interferes with the proper and orderly conduct of a hearing, and for any other cause or circumstance that may prevent the proper conduct of a hearing.
