N.M. Admin. Code § 13.1.6.14 - HEARING OFFICER POWERS AND RESPONSIBILITIES
A.
General authority. The
superintendent may preside over OSI's hearings or may designate a hearing
officer to preside instead.
B.
Duties of the hearing officer. The hearing officer shall have the
duty to conduct fair and impartial hearings, to take all necessary action to
avoid delay in the proceedings and to maintain order. The hearing officer shall
have the powers necessary to carry out these duties as set forth in Paragraphs
(1) through (15) of Subsection B of
13.1.5.19 NMAC, to the extent
applicable for informal hearings.
C.
Independence of the hearing
officer. In the performance of these functions, the hearing officer
shall not be responsible to or subject to the direction of any other officer,
employee or agent of OSI, except that a hearing officer appointed by the
superintendent shall be subject to the direction of the
superintendent.
D.
Ex-parte communication. The rules pertaining to
ex-parte communication for an informal hearing are as set forth in
13.1.5.19 NMAC.
E.
Final order. After a thorough
review of the record and any recommendation prepared by a designated hearing
officer, the superintendent shall issue a final order. No party or member of
OSI staff shall engage in any ex parte communication with the
superintendent in an attempt to influence his final decision.
Notes
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