N.M. Admin. Code § 6.50.16.13 - PRE-HEARING PROCEDURE
A.
Hearing officer. The board shall appoint a hearing officer for an appeal within
7 days after mailing the notice of setting. The board shall provide appropriate
clerical support and space for any hearings conducted. Venue for any hearings
shall be Santa Fe county unless the hearing officer in view of convenience to
parties and witnesses orders that another location is more appropriate. The
hearing officer shall oversee all proceedings after the hearing is set. The
hearing officer will also provide written findings of fact and a disposition
recommendation to the board within 14 days after completion of a hearing. The
board shall make a final decision, after review of the recommendations of the
hearing officer, and mail a notice of final decision to appellant within 30
days of receipt of the hearing officer's recommendations.
B. Representation of parties:
(1) The authority shall be represented in
proceedings under this rule by its general counsel or a staff member of the
authority appointed by the executive director for this purpose.
(2) The appellant may appear pro se, if
appellant is an individual, or by an administrator of an institutional
appellant who has been appointed for that purpose by the governing body of the
institution. Any appellant may be represented by legal counsel licensed to
practice law in the state of New Mexico.
C. Production of authority documents:
(1) Should a hearing be set by the board, the
authority shall make available for copying and inspection all documents that
the authority determines to be relevant to the initial determination being
appealed within seven days of the date the hearing setting is issued.
"Relevance," in this context is to be construed liberally in favor of
production.
(2) Documents may be
withheld or redacted by the authority only when the relevant material is
protected from disclosure or otherwise privileged under New Mexico law. In the
interest of complete disclosure, redaction shall be favored over withholding
the document.
(3) Should any
documents be withheld pursuant to New Mexico law, a list or privilege log
generally identifying each document, its contents and the claimed privilege
shall be provided to the appellant at the time of production.
(4) Documents produced shall be made
available for inspection and copying at the offices of the authority.
D. Production of appellant or
other party documents: The hearing officer for good cause shown may order
inspection, production and copying of documents deemed relevant that are in the
possession, custody or control of the appellant member, employee or other
party.
E. Authority, appellant,
member and employee arguments: At least 14 days before the date set for the
hearing, all parties shall file simultaneously memorandums stating their
complete arguments for or against the authority determination, including a
statement of relevant facts, an outline of controlling law and the relief
requested. Each party must mail or deliver the original memorandum and one copy
to the hearing officer and one copy to the representative of each other
party.
F. Witness and exhibit
lists: Each party must file witness and exhibit lists at least 14 days before
the date set for the hearing by mailing or delivering the original to the
hearing officer and one copy to the representative of each other party.
Witnesses must be identified with particularity. The party calling a witness
must provide the witness's name and address and must describe the subject
matter of the testimony expected to be elicited from each witness. Each
document or object identified in the exhibit list must be immediately made
available for inspection and copying. Only witnesses properly identified in the
witness list will be permitted to testify in the hearing and only exhibits
properly identified in the exhibit list will be admissible in the hearing
unless upon good cause being shown the hearing officer determines
otherwise.
Notes
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