N.M. Admin. Code § 18.9.1.8 - HEARING REQUEST

A. Written request required: Any person seeking a hearing shall timely file a written request for hearing. The request shall be brief and include:

(1) the requestor's name, title, business name and telephone number;

(2) a short summary of the reason for the hearing request; and

(3) identify or attach the action or proposed action that is the basis for the request.

B. Time limits: A request for hearing is timely submitted if filed:

(1) to contest or protest any application, within the statutorily prescribed notice period of 19 calendar days; and

(2) to contest a notice of a proposed action by the department, within 30 calendar days of the notice date.

C. Rejection of request: A hearing request may be rejected in writing by a hearing examiner (or designee) for only the following reasons: the issues are unripe or moot, the department lacks jurisdiction, a hearing is discretionary, the request is untimely or the request is substantively deficient. Any request rejected as substantively deficient may be corrected and resubmitted but the time for submission will not be tolled. A motion for reconsideration may be filed for any rejected hearing request.

D. Acceptance of request: Acceptance of a pleading or document for filing is not a determination that the pleading or document complies with all requirements and is not a waiver of such requirements.

E. Consolidation: Proceedings involving similar questions of law or fact may be consolidated for a single public hearing where the rights of the parties will not be prejudiced by such procedure.

F. Opening of a docket: A docket shall be opened and assigned an appropriate case docket number by the records bureau upon written request by staff or upon a determination by the hearing examiner that a hearing is warranted.

Notes

N.M. Admin. Code § 18.9.1.8

Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024