New Mexico Administrative Code
Title 9 - HUMAN RIGHTS
Chapter 2 - AGE
Part 22 - HEARINGS TO CHALLENGE CIVIL PENALTY ASSESSMENTS BY THE STATE LONG-TERM CARE OMBUDSMAN
Section 9.2.22.13 - POWERS AND DUTIES OF THE HEARING OFFICER

Universal Citation: 9 NM Admin Code 9.2.22.13

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

The hearing officer shall have the authority to:

A. preside over hearings;

B. assure that hearings are properly recorded;

C. administer oaths and affirmations to the witnesses;

D. issue subpoenas and subpoenas duces tecum;

E. establish procedural schedules;

F. rule on motions and procedural requests;

G. require parties to attend hearings, pre-hearing conferences and settlement conferences;

H. require parties to produce for examination information or witnesses under their control;

I. require parties to express their positions on any issues in the proceedings;

J. require parties to submit legal briefs on any issues in the proceedings;

K. examine witnesses, and permit parties to examine witnesses;

L. determine the admissibility of evidence;

M. take official notice of any matter that is among the traditional matters of official or administrative notice in accordance with the terms of this rule;

N. recess any hearing from time to time;

O. regulate the course of the proceedings and the conduct of any participants;

P. take any action reasonably necessary to compel discovery or control the conduct of parties or witnesses;

Q. issue a recommended decision on the merits of a case, including findings of fact and conclusions of law;

R. approve settlements or other pre-hearing or post-hearing dispositions of cases by the parties, subject to final approval by the secretary; and

S. take any other action reasonably necessary to conclude the proceedings in a timely and fair manner.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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