N.M. Admin. Code § 10.5.500.17

Current through Register Vol. 35, No. 23, December 10, 2024

Section 10.5.500.17 - DECISION

The hearing officer shall prepare and submit to the commission a summary of evidence taken at the hearing, proposed finding findings of fact and conclusions of law, separately stated. The sole issue to be decided by the commission conducted pursuant to these rules and Section 29-2-11 C is whether, by a preponderance of the evidence, just cause exists to support the action proposed by the department.

A. If the commission finds the action proposed by the department is supported by just cause, the commission shall adopt and enter findings of fact and conclusions of law submitted by the hearing officer in its determination and these findings of fact and conclusions of law shall form the final decision.

B. If the commission finds the action proposed by the department is without just cause, the commission shall enter findings of fact and conclusions of law to support its determination in the form of a final decision. In the event that a final decision of the commission that just cause did not exist to support the action taken by the department the commission may also make recommendations to the secretary of the department of public safety as to what, if any, discipline would be supported by the evidence. If the secretary agrees with the recommendation of the commission he may so notify them and they shall enter such findings of fact and conclusions of law to support their recommended discipline and a final order imposing the discipline.

N.M. Admin. Code § 10.5.500.17

10.5.500.17 NMAC - N, 6-30-04