New Mexico Administrative Code
Title 2 - PUBLIC FINANCE
Chapter 82 - EDUCATIONAL RETIREMENT
Part 11 - ADMINISTRATIVE APPEALS
Section 2.82.11.12 - DECISION BY THE EDUCATIONAL RETIREMENT BOARD
Current through Register Vol. 35, No. 18, September 24, 2024
A. As a general rule, the educational retirement board shall only consider the medical appeals hearing officer's or the medical appeals panel's recommended decision, exceptions, briefs, and response to exceptions, if any. Where circumstances warrant, the board may review all or a portion of the hearing record.
B. The board shall not consider any additional oral argument, evidence or affidavits in the hearing record.
C. The board will deliberate the matter in closed session. Any final action must occur in open session.
D. Under appropriate circumstances, the board may remand a recommended decision to the medical appeals hearing officer or the medical appeals panel for additional findings.
E. If the board wishes to modify proposed findings of fact, it may do so only after a review of the hearing record.
F. The medical appeals hearing officer's or the medical appeals panel's written recommendation is a public record.