N.M. Admin. Code § 18.9.1.14 - ADMISSIBILITY OF EVIDENCE
A.
Formal rules of evidence and civil procedure do not apply: An
orderly exchange of relevant information is encouraged with consideration for
the legal requirement that any final decision be supported by competent
evidence.
B.
Limited
objections to exclude evidence: All evidence is subject to appropriate
and timely objection. The hearing examiner may exclude irrelevant evidence and
limit repetitive or unduly cumulative evidence, with or without objection.
Admitted evidence shall be provided the appropriate deference and weight by the
hearing examiner with respect to its necessity, competence, availability, and
trustworthiness.
C.
Administrative notice: The hearing examiner may take
administrative notice of any matter in which courts of this state may take
judicial notice, including of laws, court orders, official agency records, and
the department (or its predecessor's) orders, filings and records. Matters
noticed are admitted into evidence to the same extent as other relevant
evidence, either by citation to a publicly accessible document or by inclusion
in the record of a copy of the relevant portion of the document(s).
Notes
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