New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM
Part 130 - ADMINISTRATIVE HEARINGS
Section 8.50.130.16 - DENIAL/DISMISSAL OF REQUEST FOR HEARING

Universal Citation: 8 NM Admin Code 8.50.130.16

Current through Register Vol. 35, No. 18, September 24, 2024

A. The administrative law judge may deny or dismiss a request for hearing when:

(1) the request is not received within the specified time period;

(2) the situation has been resolved;

(3) the request is not made in writing; or

(4) a written withdrawal of request for hearing is received from the appellant, or a written agreement settling all issues is approved by all parties and is submitted to the administrative law judge.

B. A request for a hearing is considered abandoned and therefore dismissed if neither the appellant nor his or her representative appears at the time and place of the hearing, and if, within [ten (10)] 10 days after a notice of abandonment is mailed by the administrative law judge, the appellant has not presented good cause for failing to appear. Good cause includes verification of a death in the family, doctor's note verifying a disabling personal illness, or other significant emergencies. At the discretion of the administrative law judge, a showing of exceptional circumstances is considered good cause.

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