N.M. Code R. § 16.10.6.24

Current through Register Vol. 35, No. 16, August 27, 2024

Section 16.10.6.24 - PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW, BRIEFS AND ORAL ARGUMENTS

A.Proposed findings of fact and conclusions of law: The board or hearing officer may require all parties to submit proposed findings of fact and conclusions of law. The board or hearing officer shall determine the time for submission of the proposed findings and conclusions. Each proposed finding and conclusion shall be clearly stated.

B.Briefs: The board or the hearing officer may require all parties to submit briefs.

(1) Unless otherwise ordered by the board or hearing officer, including directing the submission of briefs on a date certain, the prosecution shall file its brief-in-chief within 15 days after receipt of the transcript. The respondent shall file its answer brief within 15 days thereafter. Reply briefs must be filed within seven days after filing of the answer brief.

(2) Each party must serve one copy of its brief on all other parties.

(3) Briefs shall be concise and shall include transcript citations for each statement of fact. Briefs shall contain a table of contents with page references.

C.Oral argument: The board or the hearing officer may require all parties to present oral arguments after parties have filed briefs. Even though a hearing officer conducts the hearing the board may require oral arguments to be presented to it. Any party may request oral arguments before the hearing officer or the board. The hearing officer or the board will determine whether oral argument is necessary.

N.M. Code R. § 16.10.6.24

16.10.6.24 NMAC - Rp 16 NMAC 10.6.24, 4/18/02, Adopted by New Mexico Register, Volume XXXIV, Issue 13, July 18, 2023, eff. 7/7/2023, Adopted by New Mexico Register, Volume XXXIV, Issue 23, December 05, 2023, eff. 12/5/2023