N.M. Admin. Code § 13.21.5.23 - 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 advisory board, the person waives the
right to protest or challenge any 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 the advisory board shall enter an appropriate
order 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 advisory board may consider the
contents of the docket, information conveyed to or known by the advisory board,
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 advisory board 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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