N.M. Code R. § 20.11.82.11 Powers and Duties of Board and Hearing Officer

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.82.11
• Year: 2023

A. Board: The board shall exercise all powers and duties authorized by 20.11.82 NMAC and not otherwise delegated to the hearing officer or the hearing clerk. The board shall designate a hearing officer for each hearing. The board may direct the hearing officer to file a report of the hearing as provided by 20.11.82.31 NMAC.

B. Hearing officer: The hearing officer shall exercise all powers and duties delegated or otherwise authorized by 20.11.82 NMAC. The hearing officer may be a member of the board. The hearing officer shall conduct a fair and impartial proceeding, assure that the facts are fully elicited and avoid delay. The hearing officer shall have authority to take all measures necessary for the maintenance of order and for the efficient, fair and impartial consideration of issues arising in proceedings governed by 20.11.82 NMAC, including:

(1) conducting hearings pursuant to 20.11.82 NMAC;

(2) taking, admitting or excluding evidence, examining witnesses and allowing post-hearing submissions;

(3) making orders as may be necessary to preserve decorum and to protect the orderly hearing process;

(4) if requested by the board, preparing a report of the hearing, with recommendations for board action;

(5) requesting parties to file original documents with the hearing clerk;

(6) establishing the deadlines for filing documents with the hearing clerk;

(7) requesting the...