N.M. Code R. § 20.11.80.16 Post-Hearing Procedures

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.80.16
• Year: 2023

A. Filing the transcript: Unless otherwise ordered by the director or hearing officer, the hearing shall be transcribed verbatim. The hearing clerk shall promptly notify all parties of the availability of the transcript. Any person who wants a copy of the transcript may order a copy from the reporter.

B. Proposed findings and conclusions: Within 30 days after the transcript is filed, or by the deadline established by the hearing officer, any party may submit to the hearing officer proposed findings of fact and conclusions of law or discretion and a closing argument. All such submissions shall be in writing, filed, served on all parties and contain adequate references to the record and authorities relied upon. No new evidence shall be presented unless specifically allowed by the hearing officer.

C. Recommended decision:

(1) Content: Unless otherwise ordered by the director, the hearing officer shall issue a recommended decision within 30 days after the deadline established by Subsection B of 20.11.80.16 NMAC for filing proposed findings and conclusions has passed. The recommended decision shall contain: (a) the hearing officer's findings of fact and conclusions regarding all material issues of law or discretion and the reasons for the findings and conclusions; (b) if applicable, a review of the penalty to determine if the division acted within its discretion in setting the amount or nature of the penalty; if the hearing officer decides to recommend a civil penalty that is different in amount or nature from the penalty in the compliance order, the hearing officer shall set forth the hearing officer's recommended decision regarding the penalty and the reason for the change and (c) a proposed final order.

(2) Comment on recommended decision: Within 15 days after service of the recommended decision any party may file comments regarding the recommended decision and may include argument for, against or for modification of the recommended decision.

(3) Oral argument before the director: Upon the request of a party or on the director's own initiative the director may allow oral argument regarding the recommended decision. If oral argument is allowed, the director shall specify the time and place for the oral argument, after giving due consideration to the convenience of the parties...