N.M. Code R. § 20.11.80.17 Alternate Resolution

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.80.17
• Year: 2023

A. Summary procedures:

(1) Use of summary procedures: Under the following limited circumstances, the director may dispose of a request for hearing after an expedited hearing as a result of (a) a motion by a party to dismiss the request for hearing because of jurisdictional defects, such as filing an untimely request for hearing; or (b) a request by a party to decide the merits of the request for hearing on legal arguments presented in writing and oral argument.

(2) Expedited hearing: If the hearing officer determines that a request for an expedited hearing has a likelihood of success and could fairly expedite the resolution of the proceeding, then notice for a hearing shall be given in the manner set forth in Paragraph (1) of Subsection C of 20.11.80.13 NMAC. Following the expedited hearing, the hearing officer shall submit a recommended decision to the director. The director shall either follow Subsection D of 20.11.80.16 NMAC and issue a final order or remand the matter to the hearing officer with directions to proceed with a full hearing as otherwise required by 20.11.80 NMAC.

B. Settlement:

(1) Policy: The director encourages settlement of a proceeding at any time if the settlement is consistent with the provisions and objectives of the act and the regulations. Settlement conferences shall not affect any party's obligation to respond in a timely manner to any matter governed by 20.11.80 NMAC, including the respondent's obligation to file a timely request for hearing under Subsection A of 20.11.80.13 NMAC.

(2) Stipulated final order: The director may approve a stipulated final order signed by all...