N.M. Admin. Code § 6.50.16.14 - HEARINGS
A. Rights of
parties and those offering comment. At any hearing, all parties shall be
entitled to enter an appearance, introduce evidence, examine and cross-examine
witnesses, make arguments, and generally participate in the conduct of the
hearing. Non-parties wishing to make comments shall be entitled to make an oral
or written statement for the record but such statement shall not be considered
as evidence. Non-parties making comment shall not have the right to introduce
evidence or examine or cross-examine witnesses, to receive copies of pleadings
or documents, to appeal from any decision or order, or to otherwise participate
in the hearing other than by making their comments.
B. Continuance. Any party who desires a
continuance shall request a continuance immediately upon receipt of notice of
hearing or as soon thereafter as facts requiring such continuance come to the
party's knowledge. The hearing officer may grant a request for continuance if
timely made and supported by reasonable cause. The hearing officer may also
grant a continuance at any time in the hearing officer's sound
discretion.
C. Order of
presentation. The hearing officer shall determine the order of presentation of
the evidence and shall be guided in this matter by the interests of fairness
and justice.
D. Rules of evidence.
(1) All relevant evidence is admissible
which, in the opinion of the hearing officer, is the best evidence most
reasonably obtainable, having due regard to its necessity, competence,
availability and trustworthiness.
(2) In passing upon the admissibility of
evidence, the hearing officer shall give consideration to, but shall not be
bound by, the New Mexico rules of evidence which govern proceedings in New
Mexico district courts. The hearing officer shall also give consideration to
the legal requirement that any final decision on the merits be supported by
competent evidence.
(3) All
testimony to be considered as evidence in a hearing shall be made under
oath.
(4) The parties may agree to
submit written stipulations of fact or law or both to the hearing officer and
such stipulations shall be binding upon the parties entering into the
stipulation.
(5) A hearing officer
may take administrative notice of the following matters if otherwise admissible
under this rule: rules, regulations and procedures of the authority and other
government agencies; decisions, records and transcripts in other authority
proceedings; state and federal statutes; decisions of state and federal courts;
and matters of which the courts of this state may take judicial notice. Matters
noticed are admitted into evidence to the same extent as other relevant
evidence.
E. Proposed
findings. The hearing officer may require all parties of record to file
proposed forms of order, including proposed findings of fact and conclusions of
law, at the close of testimony in the proceeding.
Notes
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