N.M. Code R. § 20.11.80.12 General Provisions

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.80.12
• Year: 2023

A. Applicability of rules of civil procedure and rules of evidence: In the absence of a specific provision in 20.11.80 NMAC governing an action, the hearing officer may look to the New Mexico Rules of Civil Procedure, NMRA 1-001 et seq., and the New Mexico Rules of Evidence, NMRA 11-101 et seq., for guidance. No provision of the rules of civil procedure shall be construed to extend or otherwise modify the authority and jurisdiction of the director.

B. Liberal construction: 20.11.80 NMAC shall be liberally construed to carry out its purpose.

C. Director and hearing officer - powers and duties - disqualification and withdrawal:

(1) Director: The director shall exercise all powers and duties authorized and required by the act and 20.11.80 NMAC that are not otherwise delegated by 20.11.80 NMAC to the hearing officer or the hearing clerk. The director or hearing officer may specify procedures in addition to, or that vary from, the procedures provided in 20.11.80 NMAC in order to expedite the efficient resolution of the action or to avoid obvious injustice.

(2) Hearing officer: The director shall appoint a hearing officer or hearing officers to perform the functions described in Subparagraph (b) of Paragraph (2) of Subsection C of 20.11.80.12 NMAC. (a) Qualifications and disqualifications: A hearing officer may be an independent contractor, a hearing officer at the city of Albuquerque office of administrative hearings or similar successor city organizational unit, an employee of the department who is not air program staff, or an employee of a different city department. A hearing officer shall not be:(i) an employee of or staff for the air program; (ii) an employee of or staff for the department unless employed by the department as a hearing officer; (iii) a person who has a personal bias or prejudice concerning a party, has personal knowledge of disputed facts concerning the proceeding, is related to a party within the third degree of relationship or has a financial interest in the proceeding; (iv) a person who has performed prosecutorial or investigative functions in connection with the matter at issue in the proceeding; or (v) an officer director or trustee of a party to the proceeding. (b) Hearing officer functions: The hearing officer shall exercise all powers and duties required or delegated by the director pursuant to the act and 20.11.80 NMAC. 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 to maintain order and the efficient, fair and impartial adjudication of issues arising in proceedings governed by 20.11.80 NMAC including, but not limited to:(i) conducting hearings authorized by 20.11.80 NMAC; (ii) ruling upon motions, procedural requests and offers of proof, and issuing all necessary orders; (iii) administering oaths and affirmations,...