N.M. Admin. Code § 13.21.5.16 - CONTINUANCES
A. At the request
of a party, a witness, or upon the advisory board's own determination, a
hearing may be continued for good cause. The advisory board shall consider only
written continuance requests made at least three working days prior to the
scheduled hearing absent extraordinary, unforeseen circumstances that the
requesting party or witness could not have known earlier. An order to grant or
deny the request may be issued prior to the scheduled hearing or if there is
insufficient time to issue an order prior to the scheduled hearing, the
advisory board may grant or deny the request on the record at the hearing. No
continuance request may be granted unless there is adequate time to provide
notice to the parties, subpoena witnesses and conduct the rescheduled hearing
before expiration of any statutory deadline.
B. Within the time limits set by statute, the
superintendent or advisory board may sua sponte continue any
matter as necessary to address OSI or TPA staffing needs, to ensure efficient
and adequate use of state resources, and to manage the hearing docket. To this
end, the advisory board may contact the parties to inquire about the status of
a scheduled case.
C. No case shall
be continued, even with a showing of good cause or an emergency circumstance,
beyond any mandatory, applicable time limit on the case.
Notes
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