New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 11 - ADULT PROTECTIVE SERVICES
Part 5 - ADULT PROTECTIVE SERVICES LEGAL
Section 8.11.5.32 - EVIDENCE AND CONDUCT OF HEARING
Current through Register Vol. 35, No. 18, September 24, 2024
A. Hearings shall be conducted as follows:
B. The burden of persuasion at the hearing shall be on the adult protective services division, which must prove its case by a preponderance of the evidence unless the case involves allegations of fraud.
C. At the hearing, the adult protective services division shall present its evidence first. If the assessed party wishes to present evidence, it shall proceed second. Thereafter, only the adult protective services division may present rebuttal evidence. Rebuttal evidence shall be confined to the issues raised in the assessed party's presentation of evidence. Each party shall be given an opportunity to offer a final oral or written argument without additional presentation of evidence.