New Mexico Administrative Code
Title 2 - PUBLIC FINANCE
Chapter 82 - EDUCATIONAL RETIREMENT
Part 11 - ADMINISTRATIVE APPEALS
Section 2.82.11.9 - PRE-HEARING PROCEDURES

A. Upon receipt of a timely filed request for hearing, ERB staff shall confer with the chairman of the educational retirement board. The chairman is authorized to determine whether the hearing will be held before a medical appeals hearing officer or before a medical appeals panel of not less than two (2) board members and is authorized to appoint the hearing officer or panel members to conduct the hearing.

B. Within fifteen (15) days from the date a request for hearing is filed, ERB shall mail to the applicant or recipient, hereinafter "appellant", notice of appointment of the medical appeals hearing officer or medical appeals panel. A lawyer or non-lawyer may serve as hearing officer. The director may serve as a member of the medical appeals panel.

C. ERB shall set a date for the hearing, which hearing must occur within sixty (60) days from the date of the filing of the request for hearing, except that continuances may be granted by the medical appeals hearing officer or medical appeals panel upon a showing of good cause. Notice of the date, time and place of the hearing must be mailed by certified mail to the appellant at least twenty (20) days prior to the date of the hearing.