Current through Register Vol. 35, No. 18, September 24, 2024
A. The rules of civil procedure and the rules
of evidence shall not apply.
B. The
hearing officer shall conduct the hearing so as to provide a reasonable
opportunity for all persons to be heard without making the hearing unreasonably
lengthy or cumbersome or burdening the record with unnecessary repetition. The
hearing shall proceed as follows:
(1) The
hearing shall begin with an opening statement from the hearing officer. The
statement shall identify the nature and subject matter of the hearing and
explain the procedures to be followed.
(2) The hearing officer may allow a brief
opening statement by any party who wishes to make one.
(3) Unless otherwise ordered, the petitioner
shall present its case first.
(4)
The hearing officer shall establish an order for the testimony of other
participants. The order may be based upon notices of intent to present
technical testimony, sign-in sheets, and the availability of witnesses who
cannot be present for the entire hearing.
(5) If the hearing continues for more than
one day, the hearing officer shall provide an opportunity each day for
testimony from the members of the general public. Members of the general public
who wish to present testimony should indicate their intent on a sign-in
sheet.
(6) The hearing officer may
allow a brief closing argument by any person who wishes to make one.
(7) At the close of the hearing, the hearing
officer shall determine whether to keep the record open for written submittals
in accordance with 20.1.9.21 NMAC. If the record is kept open, the hearing
officer shall determine and announce the subject(s) on which submittals will be
allowed and the deadline for filing the submittals.
C. If the hearing is conducted at multiple
locations, the hearing officer may require the petitioner's witnesses to
summarize their testimony or be available for cross-examination at each
location. Other participants are not required to testify at more than one
location, and the hearing officer may prohibit a witness from testifying at
more than one location.
