N.M. Admin. Code § 18.9.1.18 - POST-HEARING
A.
Record of
proceedings, evidence and testimony: A full and complete record of all
proceedings shall be made electronically by recording and taken and transcribed
by a certified court reporter. The transcribed record and entered exhibits
shall be filed in the docket upon receipt by the hearing examiner.
B.
Corrections: Suggested
corrections to the transcript or record must be filed within 10 calendar days
after the transcript is filed, except for good cause shown. Failure to timely
file suggested corrections without good cause constitutes a waiver of
objections to the transcript. The hearing examiner shall, with or without
public hearing, determine what changes, if any, shall be adopted.
C.
Briefs: At the discretion and
direction of the hearing examiner, the parties may file proposed findings of
fact and conclusions of law, briefs of arguments and response briefs, or to
submit written memoranda on specific points of law. Citations to the transcript
shall use the form "Tr." followed by the transcript page number. If a
transcript is made by electronic recording, citation to the transcript shall
use time markers.
D.
Recommended decision: The hearing examiner shall file and serve a
proposed recommended decision with clear findings of fact based solely on the
record and conclusions of law. Citations to the recommended decision shall use
the form "RD" followed by the page number.
E.
Exceptions and response:
Parties may file exceptions to the recommended decision's findings of fact or
conclusions of law within 15 calendar days of issuance. Unless otherwise
allowed by the hearing examiner, exceptions are limited to 10 pages. No
response to an exception is permitted unless directed by the hearing examiner.
The hearing examiner shall consider any exceptions and directed responses and
shall file either an amended recommended decision or an order that the
recommended decision is unchanged.
Notes
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