N.M. Admin. Code § 19.25.2.15 - SCHEDULING AND CONDUCT OF PRE-HEARING MATTERS
The hearing examiner may establish conferences at regular times and places and at intervals sufficiently frequent for the orderly management of the proceedings. These may include scheduling conferences, status reviews, settlement conferences, motions hearings, pre-hearing conferences, and all other matters relevant to the achievement of a productive and efficient decision making process.
A. Procedural
schedule. The hearing examiner shall issue a procedural order that contains a
statement of the issues to be heard and sets a procedural schedule. In the
absence of a specific finding and order from the hearing examiner, all
discovery and motions shall be completed within 150 days from the date of the
initial scheduling conference, and the final hearing shall be held within 180
days from the date of the scheduling conference. The hearing examiner may
periodically conduct status reviews of the progress of the proceedings, and may
issue procedural orders modifying the procedural schedule as necessary or
appropriate.
B. Pre-hearing and
status conferences. The hearing examiner may conduct pre-hearing or other
status conferences to simplify issues for hearing; rule on or otherwise
consider outstanding motions or other pleadings; address stipulations, and
admissions of fact and documents; address limitations on the number of
witnesses or time allocated to particular witnesses or issues at hearing, order
of witness presentation and scheduling of testimony and amount of time
anticipated for direct and cross examinations; and any other relevant matters
that may aid in the hearing process. The orders and rulings resulting from the
pre-hearing conference shall control the subsequent course of the proceedings
and final hearing, unless otherwise ordered by the hearing examiner.
C. Alternative dispute resolution. The
hearing examiner may order any or all parties to participate in an
OSE-facilitated ADR process or to attend a settlement conference to assist in
reaching a settlement at the earliest possible stage, resolve disputed facts or
issues, expedite the hearing process, and conserve resources.
D. Motions hearings. The hearing examiner may
rule on a motion, other than for summary judgment, based on the pleadings or
may schedule a hearing on the motion, at the hearing examiner's
discretion.
E. Summary judgment
motions. Motions for summary judgment that are dispositive of any
administrative or enforcement matter shall not be granted without a hearing.
The hearing examiner shall submit a report and recommendation as to the
dispositive motion to the state engineer for final decision in accordance with
19.25.2.28 and 29 NMAC.
F.
Attendance at scheduled proceedings. All parties shall attend scheduled
hearings, conferences or other proceedings fully prepared to discuss all
matters noticed and to address any outstanding motions or pleadings. Without
good cause shown, the failure of a party to attend or be prepared to discuss
those matters set to be heard shall constitute a waiver of any objection to any
agreement reached or to any order or ruling made as a result of the proceeding,
and may be grounds for adverse action by the hearing examiner on the pleading
of the party failing to appear.
G.
Scheduling of site visits. The hearing examiner may schedule site visits,
subject to notice to the parties and the opportunity for parties to
attend.
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