N.M. Admin. Code § 2.82.11.11

Current through Register Vol. 35, No. 24, December 23, 2024

Section 2.82.11.11 - RECOMMENDED DECISION

A. The medical appeals hearing officer or the medical appeals panel will issue to the educational retirement board a recommended decision, based on the record, which will be filed at ERB's offices and a copy mailed by certified mail to the appellant.

B. The medical appeals hearing officer or the medical appeals panel will propose findings of fact and conclusions of law as part of the recommended decision.

C. Exceptions to the recommended decision may be filed at ERB's offices with supporting briefs within thirty (30) days from the date of issuance of the recommended decision.

D. Exceptions to the recommended decision shall state the precise issue to which exception is made and shall be based solely on evidence contained in the hearing record. Any exception not made in the manner required by this rule is waived.

E. The medical appeals hearing officer or the medical appeals panel may file a response to the exceptions within fifteen (15) days from the date of filing of the exceptions.

N.M. Admin. Code § 2.82.11.11

6/30/99; 2.82.11.11 NMAC - Rn, 2 NMAC 82.11.11, 3-14-2008