N.M. Admin. Code § 13.1.5.9 - REQUESTING A HEARING
A.
Written request required. Any person seeking a hearing before the
superintendent shall file a written request for a hearing using the form
available on the OSI website or as otherwise directed by the superintendent.
The request shall include all of the following:
(1) a brief summary identifying the nature of
the dispute;
(2) the applicable
statute, rule, bulletin or order in dispute in the matter;
(3) a statement of the jurisdictional basis
for the superintendent to adjudicate the matter;
(4) the triggering action of the
superintendent, such as an order, denial, suspension, revocation, penalty,
fine, rule, or interpretative publication;
(5) the requestor's reason for challenging
that action or inaction; and
(6)
the mailing address of the requestor.
B.
Request rejected. The
superintendent may reject any request for hearing if the superintendent lacks
jurisdiction to adjudicate the matter; the matter is moot; or the request for
hearing is procedurally or substantively deficient.
(1) If a request for hearing is rejected, the
superintendent will notify the requestor in writing with a brief explanation of
the rejection.
(2) If the request
for hearing is deficient for any reason other than lack of subject matter
jurisdiction of mootness, the requestor may correct any deficiency and resubmit
the request for hearing.
C.
Designation of hearing officer and
docket. Upon receipt of a request for hearing that contains all
information required by Subsection A of this section and over which the
superintendent has jurisdiction, the superintendent may designate a hearing
officer to preside in the matter based on the knowledge, expertise, experience,
efficiency, and staffing needs of the office. The superintendent may
subsequently reassign the matter to a different hearing officer, if necessary.
The superintendent shall assign a docket number to be referenced in all
subsequent communications and filings concerning the matter.
D.
Intervenors. Any person
showing that they will be substantially and specifically affected by the
proceeding shall be allowed to intervene as a party in the whole or any portion
of the proceeding.
(1) Whether to allow
intervention for any other interested person is at the sole discretion of the
superintendent.
(2) OSI staff may
intervene in any proceeding as a matter of right by filing a notice of
intervention.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.