N.M. Admin. Code § 8.370.2.30 - EVIDENCE
A. Technical rules
not applicable: in general, the technical rules of evidence, such as the New
Mexico rules of evidence, shall not apply but may be used as a guide to the
principles of evidence and may be considered in determining the weight to be
given any item of evidence. Nonprivileged, material and relevant evidence of
the type which is relied upon by reasonably prudent persons in the conduct of
serious affairs is admissible. The hearing officer may exclude, either with or
without formal objection, unreliable, immaterial, irrelevant and unduly
repetitious testimony and evidence.
B. Objections: a party may timely object to
evidentiary offers by stating the objection together with a succinct statement
of the grounds. The hearing officer may rule on the admissibility of evidence
at the time an objection is made or may receive the evidence subject to later
ruling.
C. Official notice:
official notice may be taken of all facts of which judicial notice may be
taken. Any party shall, on timely request, be afforded an opportunity to
contest the noticed fact.
Notes
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