N.M. Admin. Code § 19.15.4.26

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

Section 19.15.4.26 - EX PARTE COMMUNICATIONS

A. In an adjudicatory proceeding, except for filed pleadings, at no time after a party files an application for hearing shall a party, interested participant or participant's representative advocate a position with respect to the issues the application involves to a commissioner or the division examiner appointed to hear the case unless the other parties of record to the proceedings have an opportunity to be present.

B. The prohibition in Subsection A of 19.15.4.26 NMAC, above, does not apply to those applications that the applicant believes are unopposed. However, in the event that a party files an objection in a case previously believed to be unopposed, the prohibition in Subsection A of 19.15.4.26 NMAC, above, is immediately applicable.

C. This provision does not prohibit communications between the division's attorney or other division staff and the director that are essential to a case's management.

N.M. Admin. Code § 19.15.4.26

19.15.4.26 NMAC - Rp, 19.15.14.1224 NMAC, 12/1/08