New Mexico Administrative Code
Title 2 - PUBLIC FINANCE
Chapter 82 - EDUCATIONAL RETIREMENT
Part 11 - ADMINISTRATIVE APPEALS
Section 2.82.11.10 - HEARING PROCEDURES

A. The hearing shall not be open to the public.

B. The rules of evidence do not apply. The medical appeals hearing officer or the medical appeals panel may admit any evidence and may give probative effect to evidence that is of a kind commonly relied upon by reasonably prudent people in the conduct of serious affairs. The medical appeals hearing officer or the medical appeals panel may, in their discretion, exclude incompetent, irrelevant or unduly repetitious evidence. Documentary evidence may be received in the form of copies or excerpts. Physician reports, medical treatises, guidelines established by the social security administration, vocational opinions, guides, books or reports and any other relevant information may be considered.

C. An appellant, either personally and/or by means of a representative, including counsel, may present evidence and state his/her position, present a written summary of his/her case, enter written statements about the facts and law material to his/her case, submit and examine documentary evidence, and present and question witnesses.

D. Appellant's failure to appear at the hearing, either personally or by means of a representative, shall result in the recommendation becoming final.

E. The medical appeals hearing officer and the medical appeals panel have the duty to undertake a full inquiry and to fully and fairly develop the facts on both sides. The medical appeals hearing officer and the medical appeals panel are the only presenters of evidence that is against the appellant. All evidence that is against the appellant must be introduced by the medical appeals hearing officer or the medical appeals panel. If the medical appeals hearing officer or the medical appeals panel know of or require information that will be useful in making a decision, they have a duty to assure that it is received and taken into account.

F. Subpoenas, if necessary for a full presentation of the case and to obtain evidence not otherwise available, may be issued by ERB at the direction of the medical appeals hearing officer or medical appeals panel. Any enforcement must occur through the courts.

G. A record of the proceedings shall be made by either tape recording or by using a court reporter. An appellant must make arrangements with ERB or the court reporter, if applicable, to receive a transcript or duplicate tapes and copies of evidence.

H. The medical appeals hearing officer or the medical appeals panel may continue a hearing to a later date, or may reopen a hearing before a recommended decision is issued, if additional evidence should be received.