N.M. Admin. Code § 19.25.2.20 - DISMISSAL OR WITHDRAWAL OF PARTY OR ACTION
A. Dismissal of party or action for failure
to participate. If the hearing examiner determines that the applicant has
failed to meet his or her obligation to go forward with the application by
timely participation in the administrative hearings process, the hearing
examiner shall deny a protested application or shall reinstate the action by
the WRD on an aggrieved application, and shall dismiss the hearing. If the
hearing examiner determines that a protestant has failed to meet his burden of
timely participation in the administrative hearings process, the hearing
examiner shall dismiss the protestant. In the event that all protestants are
dismissed, the hearing examiner may remand the application to the WRD for
further action.
B. Withdrawal of
request for hearing from aggrieved WRD decision. An aggrieved applicant may
file a motion to withdraw the request for a hearing with the hearings unit and
shall serve the motion on the ALU attorney of record. If granted, the hearing
examiner shall reinstate the original decision or action of WRD. Upon motion by
the applicant or the WRD, the hearing examiner may order that the application
be withdrawn or remanded to WRD for other action, including but not limited to
modification of the original WRD decision or action. The hearing examiner shall
not grant the withdrawal of an aggrieved application once a hearing on the
merits has concluded.
C. Withdrawal
of protested application. A protested application may be withdrawn by the
applicant by pleading filed with the hearings unit and served on the ALU
attorney of record and all protestants, prior to hearing. The hearing examiner
may require that upon withdrawal of a protested application, the applicant
shall not file the same or substantially similar application for a specified
period of time. Once the hearings unit has concluded a hearing on the merits a
protested application may not be withdrawn.
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