N.M. Admin. Code § 13.21.4.23 - FAILURE TO APPEAR
A.
Entry of default order. If a party fails to appear for a properly
noticed hearing, either in person, through a permissible representative or
telephonically with prior approval of the hearing officer, the person waives
the right to protest or challenge superintendent's action that is the subject
of the hearing notice. The matter shall go on the record for the limited
purpose of addressing notice and non-appearance, and a final order shall be
entered based on the waiver of the hearing by failing to appear.
B.
Evidence of notice. In
considering the non-appearance and whether the person received appropriate
notice necessitating issuance of the order, the hearing officer may consider
the contents of the docket, information conveyed to or known by the
superintendent, information related to mailing, including mail tracking,
returned receipt information, and notes written on returned envelopes of the
United States postal service or other mail tracking services, and arguments
offered by any present party, all of which may be addressed on the record of
the hearing or in any subsequent order.
C.
Written order required. Oral
rulings based on a party's failure to appear are not final until reduced to
writing. The hearing officer may issue a different written order as new
information arises after the hearing regarding whether the notice of hearing
was properly sent to the correct address or otherwise properly
served.
Notes
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