N.M. Admin. Code § 8.11.5.27

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

Section 8.11.5.27 - POWERS AND DUTIES OF THE HEARING OFFICER

The hearing officer shall have the authority to:

A. preside over hearings;

B. assure that hearings are properly recorded;

C. administer oaths and affirmations to the witnesses;

D. issue subpoenas and subpoenas duces tecum;

E. establish procedural schedules;

F. rule on motions and procedural requests;

G. require parties to attend hearings, pre-hearing conferences and settlement conferences;

H. require parties to produce for examination information or witnesses under their control;

I. require parties to express their positions on any issues in the proceedings;

J. require parties to submit legal briefs on any issues in the proceedings;

K. examine witnesses, and permit parties to examine witnesses;

L. determine the admissibility of evidence;

M. take official notice of any matter that is among the traditional matters of official or administrative notice in accordance with the terms of this rule;

N. recess any hearing from time to time;

O. regulate the course of the proceedings and the conduct of any participants;

P. take any action reasonably necessary to compel discovery or control the conduct of parties or witnesses;

Q. issue a recommended decision on the merits of a case, including findings of fact and conclusions of law;

R. approve settlements or other pre-hearing or post-hearing dispositions of cases by the parties, subject to final approval by the secretary; and

S. take any other action reasonably necessary to conclude the proceedings in a timely and fair manner.

N.M. Admin. Code § 8.11.5.27

8.11.5.27 NMAC - N, 10/30/08