N.M. Admin. Code § 13.21.5.12 - ELECTRONIC DOCKET AND FILING OF DOCUMENTS
A.
Electronic docket.
Individuals or their counsel may access OSI's free electronic docket to view
cases and filed pleadings. Registration of a free user account is required to
file pleadings into a docket. Every written document that is submitted to a
hearing officer or exchanged between parties for consideration, including
pleadings, such as motions, responses and objections, all evidentiary documents
and any other filings shall include the caption and shall be filed to the
electronic docket
B.
Public
access. Unless the document contains information protected under
Paragraph D of Section
41-5-25 NMSA 1978, all documents
filed in the docket for the surcharge rate proceeding shall be open for public
inspection. Any protected information will be filed under seal or redacted in
publicly available documents, in a manner ensuring the greatest possible public
access to non-confidential information.
C.
Filing restrictions and
service.
(1) The OSI docket
administrator will review all filings for compliance with these rules.
Non-compliance with filings will be returned to submitter for
correction.
(2) The OSI's
electronic docket does allow for electron service. All parties of record shall
be listed on the initial request for hearing and shall be selected for service
with each additional filing.
(3)
All filings shall include a certificate of service that documents the method of
service used. A represented party shall only be served through
counsel.
(4) In-person filing shall
be accepted on business days between 8:00 am and 4:00 pm. In-person pleadings
will be marked as filed on the business day that the OSI receives the
pleading.
D.
Filing requirements.
(1) All
motions, except motions made on the record during the hearing or a continuance
request made in a genuine unforeseen emergency circumstance (such as an
unexpected accident, force majeure, or major medical emergency occurring in
such close proximity to the date of the scheduled hearing that a written motion
could not be completed), shall be in writing and shall state with particularity
the grounds and the relief sought.
(2) Absent any order to the contrary, no
pleading shall exceed 10 pages, excluding the caption and certificate of
service, of double-spaced (except for block quotations), 12-point font. Only
relevant excerpts of a motion exhibit shall be filed, with the pertinent
portions highlighted, underlined, or otherwise emphasized. All exhibits and
attachments shall identify the total number of pages, and consecutive page
numbers (e.g., "Page 1 of 10"). Only single-sided documents
will be accepted for filing or into a record at a hearing.
E.
Request for concurrence.
Before submission of any motion, request for relief or request for continuance,
the requesting party should make reasonable efforts to consult with each other
party about that party's position on the motion unless the nature of the
pleading is such that it can be reasonably assumed the requested relief would
be opposed. The moving party shall state the position of each other party in
the pleading.
F.
Responses to
filings.
(1) Unless a different
deadline has been established by the advisory board, each non-moving party
shall have 10 calendar days to file a written response to a pleading.
(2) If a deadline for filing falls on a
non-business day, the deadline falls on the next business day.
(3) The advisory board has the discretion to
extend or shorten the response deadline.
(4) Failure to file a response in opposition
may be presumed to be consent to the relief sought.
(5) The advisory board is not required to
make a default ruling on any motion if the relief sought could be contrary to
the facts or law on the issues.
G. In the event of a procedural defect or
other error with the manner, method, or content of a submitted filing, the
advisory board or records manager may communicate such error to the filing
party and withhold filing of the pleading until the moving party remedies the
procedural defect. Examples of a procedural defect include, but are not limited
to, failure to certify service, failure to comply with the page limitations,
failure to confer with other parties, failure to use the form or follow the
specific filing method required by the Patient's Compensation Fund, submission
of double-sided documents, failing to properly number pages, failure to use the
correct caption of reference the assigned docket number, or failure to comply
with an applicable standing order.
Notes
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