N.M. Admin. Code § 20.11.81.16 - HEARING PROCEDURES
A.
Hearing on the merits:
(1) Location of the
hearing on the merits: Unless otherwise ordered by the board or hearing
officer , the hearing on the merits normally shall be held in the Vincent E.
Griego Chambers, on the lower level of the Albuquerque-Bernalillo County
Government Center located at One Civic Plaza, near the intersection of Fourth
Street and Marquette Avenue NW, in Albuquerque, New Mexico, or in another
adequate city of Albuquerque, county of Bernalillo, or other publicly-owned
location.
(2) Postponement of
hearing: No request for postponement of a hearing shall be granted unless the
hearing officer or the board determines either that all parties consent or that
good cause has been proved.
B. Conduct of hearing on the merits:
(1) The hearing officer shall conduct the
hearing on the merits in a manner that provides a reasonable opportunity for
all parties and interested persons to be heard without making the hearing
unreasonably lengthy or cumbersome or burdening the record with unnecessary
repetition.
(2) The hearing officer
shall establish the order of testimony, except that the petitioner shall
present its case first. The hearing officer may allow brief opening and closing
statements.
C. Burden of
persuasion: In a hearing on the merits, the petitioner has the burden of proof,
the burden of going forward with the evidence and the burden of proving by a
preponderance of the evidence the facts relied upon by the petitioner to
justify the relief sought in the petition . Following the establishment of a
prima facie case by the petitioner , any person opposed to the relief sought in
the petition has the burden of going forward with any adverse evidence and
showing why the relief should not be granted.
D. Evidence:
(1) General: The hearing officer shall admit
any relevant evidence, unless the hearing officer determines that the evidence
is unduly repetitious, otherwise unreliable or of little probative
value.
(2) Examination of
witnesses: Witnesses shall be examined orally, under oath or affirmation, and
may be examined by the hearing officer and members of the board . At the hearing
on the merits, the board members, hearing officer , parties and interested
participants shall have the right to cross-examine a witness. The hearing
officer may limit cross-examination that is unduly repetitious, harassing or
beyond the scope of the direct testimony of the witness.
(3) Exhibits: All exhibits offered in
evidence shall be marked with a designation identifying the person offering the
exhibit, and shall be individually numbered serially. Large charts and
diagrams, models and other bulky exhibits are discouraged. Exhibits should be
limited to 8 1/2 X 11 inches, or be capable of being folded to that size,
unless otherwise necessary for adequate presentation of evidence. Any person
offering an exhibit shall provide at least an original and 15 copies for the
board , the other parties and persons attending the hearing.
(4) Official notice: The hearing officer may
take official notice of any matter that may be judicially noticed in the New
Mexico courts. In the hearing, parties shall be given adequate opportunity to
show that such facts have been erroneously noticed.
E. Objections and offers of proof:
(1) Objection: Any objection concerning the
conduct of the hearing on the merits may be stated during the hearing, either
orally or in writing. The party raising the objection must make a short
statement of the grounds for the objection. The ruling by the hearing officer
on any objection and the reasons given for the ruling shall be part of the
record .
(2) Offer of proof:
Whenever the hearing officer excludes evidence from the record , the party
offering the evidence may make an offer of proof, which shall be included in
the record . The offer of proof for excluded oral testimony shall consist of a
brief statement describing the nature of the evidence excluded and what such
evidence would have proven. The offer of proof for excluded documents or
exhibits shall consist of the insertion in the record of the documents or
exhibits excluded.
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