N.M. Code R. § 20.11.81.18 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. § 20.11.81.18
• Year: 2023

A. Filing the transcript: Unless the board orders the hearing to be tape recorded, or recorded by other means, the hearing shall be transcribed verbatim by a court reporter. Any person, other than the board, who wants a copy of a transcript from the court reporter, shall pay the court reporter for the transcript copy. Any person, other than the board, who wants a copy of hearing tapes must arrange with the hearing clerk to have the tapes copied and shall pay for the copy of the tapes before the hearing clerk delivers the copy of the tapes to the person requesting the copy.

B. Proposed findings of fact and conclusions of law: The hearing officer may allow the record to remain open for a reasonable period of time after the conclusion of the hearing on the merits in order to allow any party or interested participant to submit proposed findings of fact and conclusions of law and a closing argument, but the hearing officer shall not allow the record to remain open solely because closing arguments will be made before the board. At the conclusion of the evidentiary hearing held by the hearing officer, the hearing officer shall state whether the parties may submit findings, conclusions and closing arguments and the deadlines for submission. All such submissions shall be in writing, shall be served upon all parties, and shall contain adequate references to the record and authorities relied upon. After the conclusion of the evidentiary hearing before the hearing officer, no new evidence shall be presented unless specifically allowed by the hearing officer for good cause.

C. Recommended decision: If the board directs, the hearing officer shall issue a recommended decision within a period established by the board. The recommended decision shall contain the hearing officer's findings of fact, conclusions regarding all material issues of law or discretion, reasons for the recommended decision, and a proposed final order. Upon receipt of the hearing officer's recommended decision, the hearing clerk shall forward a copy to all parties and to the board. At the board's or the hearing officer's discretion, any party or interested participant may file comments regarding the hearing officer's recommended decision.

D. Deliberation and decision:

(1) Deliberation At the end of the hearing on the merits or at a board meeting, the board shall reach a...