reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 3 - HEARINGS UNDER THE TAX ADMINISTRATION ACT › Section 22.600.3.18 - CONSEQUENCES OF FAILURE TO COMPLY WITH ORDERS AND STATUTORY DEADLINES

Current through Register Vol. 35, No. 13, July 16, 2024
A. If a party or an
				officer or agent of a party fails to comply with an order of the hearing
				officer, the hearing officer may, for the purpose of resolving issues and
				disposing of the proceeding without unnecessary delay despite such failure,
				take such action in regard thereto as is just, including but not limited to the
				following:
(1) infer that the admission,
				testimony, documents or other evidence sought by discovery would have been
				adverse to the party failing to comply;
(2) issue an order to show cause;
(3) rule that, for the purposes of the
				proceeding, the matter or matters concerning which the order was issued be
				taken as established adversely to the party failing to comply;
(4) rule that the noncomplying party may not
				introduce into evidence or otherwise rely, in support of any claim or defense,
				upon testimony by such party, officer or agent or upon the documents or other
				evidence discovery of which has been denied;
(5) rule that the party may not be heard to
				object to introduction and use of secondary evidence to show what the withheld
				admission, testimony, documents or other evidence would have shown;
(6) disregard the content of any document
				filed after the deadline for filing said document has passed;
(7) disregard the content of any document
				filed after the merits hearing has been conducted, unless the hearing officer
				has granted permission to file such document; or
(8) dismiss the protest or order that the
				protest be granted.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 3 - HEARINGS UNDER THE TAX ADMINISTRATION ACT › Section 22.600.3.19 - PREHEARING CONFERENCES, STATUS CONFERENCES, AND STATUS CHECKS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The hearing
				officer may direct the parties or their representatives to meet together or
				with the hearing officer present for a prehearing conference to consider any or
				all of the following:
(1) simplify, clarify,
				narrow or resolve the pending issues;
(2) stipulations and admissions of fact and
				of the contents and authenticity of documents;
(3) expedition in the discovery and
				presentation of evidence, including, but not limited to, restriction of the
				number of expert, economic or technical witnesses;
(4) matters of which administrative notice
				will be taken; and
(5) such other
				matters as may aid in the orderly and expeditious disposition of the
				proceeding, including disclosure of the names of witnesses and the identity of
				documents or other physical exhibits which will be introduced in evidence in
				the course of the proceeding.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 3 - HEARINGS UNDER THE TAX ADMINISTRATION ACT › Section 22.600.3.20 - SUBPOENAS

Current through Register Vol. 35, No. 13, July 16, 2024
Any request for issuance of subpoenas in matters before the
				  administrative hearings office shall be guided by Rule 45 of the rules of civil
				  procedure for the district courts of New Mexico, except where provisions of
				  that rule conflict with the limited powers of the administrative hearings
				  office. Any subpoena issued shall be in the name of the chief hearing officer
				  of the administrative hearings office. The party requesting the subpoena shall
				  prepare a proposed subpoena using a form approved by the administrative
				  hearings office, submit the proposed subpoena to the administrative hearings
				  office for approval and to the opposing party, and to timely and reasonably
				  serve the subpoena on the person or entity subject to the subpoena. Unless good
				  cause is shown for a shorter period, a subpoena shall provide at least 10 day
				  notice before compelled attendance at a hearing or deposition, and at least 10
				  day notice before compelled production of materials. All returns or
				  certificates of service on served subpoenas shall be filed with the
				  administrative hearings office, copied to the opposing party, and shall be made
				  part of the record of the proceeding.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 3 - HEARINGS UNDER THE TAX ADMINISTRATION ACT › Section 22.600.3.21 - REQUESTS FOR CONTINUANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Either party may request that a scheduled hearing be continued until a
				different date and time by filing a written request for continuance. The
				request for continuance should include a description of the reason why the
				requesting party would like the matter rescheduled, the opposing party's
				position on the request unless the opposing party does not respond after
				reasonable efforts were made to contact them, how much additional time the
				moving party seeks before the matter is rescheduled, and any dates where the
				parties are unavailable for rescheduling the matter.
B. The hearing officer will generally only
				consider requests for a continuance made in writing at least seven days before
				the scheduled hearing and supported by good cause, absent extraordinary,
				unforeseen circumstances which the requesting party could not have known
				earlier than seven days before the hearing. Within seven days of the scheduled
				hearing, the hearing officer may reject a continuance request even if the
				opposing party has stipulated or does not oppose the request. Unless and until
				the parties are affirmatively informed by order or other communication of an
				administrative hearings office employee that the continuance request has been
				granted, the scheduled hearing remains on the calendar and the parties must
				appear at the hearing. Failure to appear at the scheduled time of the hearing
				shall be deemed a non-appearance for the purposes of Section
				7-1-16 NMSA
				1978.
C. As part of the continuance
				request, the moving party must waive the 90-day hearing requirement. In the
				absence of such express waiver, as a condition of granting the request, the
				hearing officer may deem that the 90-day hearing requirement was met and
				attribute any delay in the conduct of the hearing to the moving
				party.
D. The assigned hearing
				officer and the chief hearing officer or designee may continue or reschedule a
				scheduled hearing, or reassign a scheduled hearing to another hearing officer,
				as necessary to manage the tax docket and state resources in an efficient
				manner and account for changes in office staffing.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 3 - HEARINGS UNDER THE TAX ADMINISTRATION ACT › Section 22.600.3.22 - FAILURE TO APPEAR

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				taxpayer's failure to appear at the scheduled time of the noticed protest
				hearing shall be deemed a non-appearance for the purposes of Section
				7-1-16 NMSA
				1978.
B. If a taxpayer has appeared
				but a representative of TRD fails to appear at a noticed hearing, the hearing
				officer may issue an order to show cause as to why the protest shall not be
				granted, may allow the taxpayer to present their case in the absence of TRD's
				representative and rule upon the protest, or take other appropriate actions
				within the hearing officer's power.
C. In considering the non-appearance and
				whether the person received appropriate notice, the hearing officer may
				consider the contents of the administrative file, information conveyed to or
				known by administrative hearings office staff, information related to mailing,
				including mail tracking, returned receipt information, and notes written on
				returned envelopes of the United States postal service or other mail tracking
				services, and arguments offered by the present party, all of which shall be
				addressed on the record of the hearing or in any subsequent order.
D. Oral rulings based on failure to appear
				are not final until reduced to writing. Such rulings may be changed in the
				written order as new information arises after the hearing related to whether
				the notice of hearing was properly sent to the correct address or otherwise
				properly served.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 3 - HEARINGS UNDER THE TAX ADMINISTRATION ACT › Section 22.600.3.23 - HEARING OFFICER POWERS AND RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Hearings in adjudicative proceedings shall
				be presided over by a hearing officer designated by the chief hearing officer
				of the administrative hearings office.
B. The hearing officer shall have the duty to
				conduct fair and impartial hearings, to take all necessary action to avoid
				delay in the proceedings and to maintain order. The hearing officer shall have
				the powers necessary to carry out these duties, including the following:
(1) to administer or have administered oaths
				and affirmations;
(2) to cause
				depositions to be taken;
(3) to
				require the production or inspection of documents and other items;
(4) to require the answering of
				interrogatories and requests for admissions;
(5) to rule upon offers of proof and receive
				evidence;
(6) to regulate the
				course of hearings and the conduct of the parties and their representatives
				therein;
(7) to issue a scheduling
				order, schedule a prehearing conference for simplification of the issues, or
				any other proper purpose;
(8) to
				schedule, continue and reschedule formal hearings;
(9) to consider and rule upon all procedural
				and other motions appropriate in proceeding;
(10) to require the filing of briefs on
				specific legal issues prior to or after the formal hearing;
(11) to cause a complete record of
				proceedings in formal hearings to be made;
(12) to make and issue decisions and orders;
				and
(13) to reprimand, or, with
				warning in extreme instances exclude from the hearing, any person for engaging
				in a continuing pattern of indecorous, obstinate, recalcitrant, obstreperous,
				unethical, unprofessional or improper conduct that interferes with the conduct
				of a fair and orderly hearing or development of a complete record.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 3 - HEARINGS UNDER THE TAX ADMINISTRATION ACT › Section 22.600.3.25 - RECORD

Current through Register Vol. 35, No. 13, July 16, 2024
Hearings shall be electronically recorded unless the hearing
				  officer allows recording by any alternative means approved by the New Mexico
				  supreme court for the recording of judicial proceedings. Any party may request
				  that a hearing be recorded by such an alternative in writing at least seven
				  days before the scheduled hearing. Unless otherwise ordered by the hearing
				  officer, the party requesting recording by an alternate means will be
				  responsible for the full cost thereof, including the provision of the original
				  transcript to the hearing officer and copies to opposing parties. In the event
				  of a videoconference hearing, only the audio portion of the recording shall be
				  maintained as part of the record.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 3 - HEARINGS UNDER THE TAX ADMINISTRATION ACT › Section 22.600.3.26 - PROPOSED FINDINGS, CONCLUSIONS AND BRIEFS

Current through Register Vol. 35, No. 13, July 16, 2024
At the close of the reception of evidence, or within a
				  reasonable time thereafter fixed by the hearing officer, the hearing officer
				  may require or allow any party to file with the hearing officer proposed
				  orders, proposed findings of fact, and proposed conclusions of law, together
				  with reasons therefore and briefs in support thereof. The hearing officer may
				  adopt the proposed findings in part, in whole, or may make his or her own
				  findings. The period for preparing the final decision and order shall not
				  commence until after the final pleadings, including any ordered briefings,
				  findings of fact, or conclusions of law, are filed.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 3 - HEARINGS UNDER THE TAX ADMINISTRATION ACT › Section 22.600.3.27 - DATE OF MAILING OR DELIVERY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Use of the phrase "date of mailing or
				delivery" in Section 7-1-25A NMSA 1978 authorizes the administrative hearings
				office to choose between mailing and hand-delivering the written decision and
				order of the hearing officer.
B.
				"Date of mailing" means the time that the hearing officer's decision and order
				enclosed in properly addressed envelope or wrapper was postmarked by the U.S.
				postal service. "Delivery" means time of hand delivery of the written decision
				and order to the party's business residence.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 3 - HEARINGS UNDER THE TAX ADMINISTRATION ACT › Section 22.600.3.28 - REASONABLE ADMINISTRATIVE COSTS, LITIGATION COSTS AND ATTORNEY FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. At any time
				after the evidentiary record has closed in reference to the merits of a
				protest, the presiding hearing officer may request additional information from
				the parties relevant to determining whether the taxpayer should be awarded
				reasonable administrative costs, litigation costs and attorney fees pursuant to
				Section
				7-1-29.1
				NMSA 1978. The hearing officer may make such request regardless of whether the
				administrative record contains an explicit prior request for fees and costs.
				For the purpose of this subsection, additional information may include legal
				briefing, affidavits, documents, or live testimony or legal argument limited to
				the issue of whether a taxpayer should be considered a prevailing party,
				whether TRD's position in the proceeding was based upon a reasonable
				application of the law to the facts of the case, or for determining the
				reasonableness of a potential award.
B. In circumstances where the issue of
				reasonable administrative costs, litigation costs and attorney fees remains
				outstanding after the parties have resolved, compromised, or conceded all other
				disputed issues in the protest, taxpayer shall by motion or other written
				communication, notify TRD and the administrative hearings office that it is
				seeking a determination on that issue prior to withdrawing its protest. A
				request for an award of reasonable administrative costs, litigation costs and
				attorney fees will not be considered subsequent to the withdrawal of the
				protest in which the taxpayer alleges the fees and costs were incurred. In any
				manner where a request for hearing before the administrative hearings office
				has been filed by either party, the jurisdiction of the administrative hearings
				office to consider reasonable administrative costs, litigation costs and
				attorney fees shall not be extinguished by the full abatement of an assessment,
				full allowance of a refund or credit, or other concession which if not for the
				issue of fees and costs, would resolve the protest in favor of the taxpayer
				without the need for a hearing.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 3 - HEARINGS UNDER THE TAX ADMINISTRATION ACT › Section 22.600.3.29 - RECONSIDERATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.A party may file
				a motion for reconsideration no more than seven calendar days after the date on
				the final decision and order. The opposing party may file a response no more
				than seven calendar days after the motion for reconsideration was filed.
				Motions for reconsideration that are not filed within this deadline may be
				denied automatically.
B. The
				prevailing party shall not file a motion for reconsideration. However, if a
				requested action is granted in part and denied in part, either party may file a
				motion for reconsideration.
C.
				Motions for reconsideration shall not endeavor to present new evidence
				previously available, or discoverable through reasonable diligence, to the
				parties before the hearing. Motions for reconsideration shall not reargue the
				weight of evidence already ruled upon and shall not reiterate legal arguments
				already ruled upon. However, a motion for reconsideration may address gross
				factual or legal errors/omissions in the final decision and order.
D. An order shall be issued within seven
				calendar days of the response deadline or the motion to reconsider shall be
				deemed denied.
E. The parties
				should not presume that the filing of a motion for reconsideration will extend
				the deadline to appeal a decision and order under the Tax Administration Act,
				even if reconsideration is sought within the specified deadlines.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 3 - HEARINGS UNDER THE TAX ADMINISTRATION ACT › Section 22.600.3.30 - APPEALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Appeals of a
				final tax decision and order of the administrative hearings office are taken by
				filing a timely notice of appeal directly with the New Mexico court of appeals
				in accord with the New Mexico rules of appellate procedure. Writing or
				otherwise communicating to the administrative hearings office a general intent
				to appeal a final decision is insufficient to perfect an appeal of the
				case.
B. Upon filing the required
				docketing statement with the New Mexico court of appeals, the appellant shall
				serve a copy of the docketing statement with the administrative hearings
				office. The administrative hearings office will then prepare and file the
				record proper with the New Mexico court of appeals in accord with the New
				Mexico rules of appellate procedure, providing a copy to the appellant and the
				other party.
C. The administrative
				hearings office, as the adjudicative body, is not a party to the appeal and all
				requests for positions related to motions in the appeal should be addressed to
				the opposing party or where appropriate, to the relevant appellate
				court.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 6 - IMPLIED CONSENT ACT LICENSE REVOCATION HEARINGS › Section 22.600.6.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Administrative hearings office, Wendell Chino Building, 1220
				  South St. Francis Drive, P.O. Box 6400, Santa Fe, NM 87502.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 6 - IMPLIED CONSENT ACT LICENSE REVOCATION HEARINGS › Section 22.600.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to all persons holding a New Mexico
				  driver's license or driving on New Mexico roadways, their attorneys, MVD, and
				  any person attending an Implied Consent Act violation
				  hearing.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 6 - IMPLIED CONSENT ACT LICENSE REVOCATION HEARINGS › Section 22.600.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Paragraph (1) of Subsection A of 7-1.B-5 NMSA
				  1978.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 6 - IMPLIED CONSENT ACT LICENSE REVOCATION HEARINGS › Section 22.600.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 1, 2018, unless a later date is cited at the end of
				  a section, in which case the later date is the effective
				  date.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 6 - IMPLIED CONSENT ACT LICENSE REVOCATION HEARINGS › Section 22.600.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to interpret, exemplify,
				  implement and enforce the hearing provisions under the Implied Consent Act and
				  the Administrative Hearings Office Act.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 6 - IMPLIED CONSENT ACT LICENSE REVOCATION HEARINGS › Section 22.600.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in 22.600.5 NMAC:
A.
"Administrative hearings
				office"
is the agency established under Section
				7-1B-1 NMSA
				1978.
B.
"Administrative
				hearings office facility"
is an office facility owned or leased by the
				administrative hearings office.
C.
"Chief hearing officer"
is the appointed head of the
				administrative hearings office under the Administrative Hearings Office Act,
				Section
				7-1B-3
				NMSA 1978, or the chief hearing officer's designee during the absence of the
				chief hearing officer, or the acting, interim chief hearing officer pending
				appointment of that position.
D.
"Driver"
means the person challenging the proposed revocation of
				the person's driving privileges for an alleged Implied Consent Act
				violation.
E.
"Hearing
				location"
means an administrative hearings office facility or another
				state, county, municipal, or private office location where the administrative
				hearings office has arranged space to conduct a scheduled hearing or
				hearings.
F.
"Hearing
				officer"
is the attorney assigned by the chief hearing officer or
				designee of the chief hearing officer to serve as a neutral decision maker in
				any adjudicatory proceeding before the administrative hearings office. The
				person assigned as hearing officer must be licensed to practice law in New
				Mexico or eligible for temporary licensure to practice in New Mexico as
				determined by the New Mexico supreme court. The hearing officer may be a
				classified employee in the state personnel system with the administrative
				hearings office either as an attorney or administrative law judge, may be under
				contract with the administrative hearings office as a contract attorney,
				administrative law judge, or judge, or may be an attorney, administrative law
				judge, or judge serving in a voluntary capacity for the administrative hearings
				office.
G.
"MVD"
is
				the motor vehicle division of the New Mexico taxation and revenue
				department.
H.
"Revocation"
means the termination of a person's driver's license,
				permit or privilege to drive a motor vehicle upon a highway in New
				Mexico.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 6 - IMPLIED CONSENT ACT LICENSE REVOCATION HEARINGS › Section 22.600.6.9 - REPRESENTATION AT HEARING, FORMAL ENTRY OF APPEARANCE/SUBSTITUTION OF COUNSEL, AND WITHDRAWAL FROM REPRESENTATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Unless otherwise expressly authorized by
				law, only the driver, or in the case of a minor under the age of 18 the
				driver's legal parent(s) or guardian(s), or an attorney licensed or authorized
				to practice law in New Mexico may represent the driver at hearing. Any attorney
				not licensed to practice law in New Mexico must comply with applicable New
				Mexico supreme court pro hac vice rules in order to represent the person at the
				hearing.
B. Any attorney wishing to
				represent a party shall file a formal written entry of appearance directly with
				the administrative hearings office listing that attorney's mailing address, fax
				number (if any), and a valid email address. Any attorney wishing to substitute
				in for a previous attorney must file a substitution of counsel containing the
				same information required in the initial entry of appearance. Upon filing a
				withdrawal of representation with the administrative hearings office,
				consistent with the Rules of Professional Conduct, the attorney shall give
				reasonable notice of the date and time of the scheduled hearing to the party
				and allow time for the party to retain other counsel, if needed.
C. If an attorney attempts to withdraw from
				the case at the scheduled hearing, a hearing officer may deny a request for
				withdrawal of representation if such request would necessitate a continuance or
				otherwise have a clear, materially adverse effect on the party's interests and
				impede the conduct of a full, fair, and efficient hearing.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 6 - IMPLIED CONSENT ACT LICENSE REVOCATION HEARINGS › Section 22.600.6.11 - CONTINUANCES

Current through Register Vol. 35, No. 13, July 16, 2024
At the request of the driver or the driver's representative,
				  MVD or MVD's agent, any law enforcement officers subpoenaed as witnesses, or
				  upon the hearing officer's own motion, the hearing officer may for good cause
				  continue the hearing. Continuance requests shall be submitted to the
				  administrative hearings office in writing prior to the scheduled hearing or on
				  the record at the scheduled hearing. The hearing officer shall consider only
				  those requests made in writing at least three working days prior to the
				  scheduled hearing absent extraordinary circumstances that the requesting party
				  could not have known earlier. Employees of the administrative hearings office
				  scheduling unit or the chief hearing officer may grant or deny the request on
				  behalf of the hearing officer. An order to grant or deny the request may be
				  issued prior to the scheduled hearing or if there is insufficient time to issue
				  an order prior to the scheduled hearing, the hearing officer may grant or deny
				  the request on the record at the hearing. Regardless of the cited good cause or
				  emergency circumstance supporting the continuance, no continuance request may
				  be granted unless there is adequate time to provide notice to the parties,
				  subpoena witnesses and conduct the rescheduled hearing within 90 days of the
				  notice of revocation.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 6 - IMPLIED CONSENT ACT LICENSE REVOCATION HEARINGS › Section 22.600.6.12 - IMPLIED CONSENT HEARINGS - SUBPOENAS FOR WITNESSES AND DOCUMENTS -ISSUANCE - COSTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				With at least 10 days written notice, the administrative hearings office will
				subpoena any witness for testimony at the hearing that MVD has identified in
				its referral of the case including all law enforcement personnel identified on
				the notice of revocation, or any subsequent submission by MVD, and any relevant
				witness requested by driver or driver's representative in writing. Such
				subpoenas shall be served by personal service as provided by NMRA 1-045(c), by
				email, by mail, or by certified mail.
B. The driver or the driver's representative
				may make written application to MVD requesting that a subpoena be issued to
				compel the production of specific books, papers or other records. Such written
				application shall set forth reasons supporting the issuance of the subpoena,
				including establishing the relevancy of the proposed testimony or documents
				sought. MVD shall issue a discovery order to its witnesses in the matter, which
				the administrative hearings office may subsequently enforce. The driver or the
				driver's representative shall be responsible for the service of any such
				subpoenas on MVD's witness, and following up with MVD in the event of
				noncompliance with the subpoena. Unless a request for continuance is made at
				least three working days prior to the scheduled date for the hearing, inability
				to serve such subpoenas shall not be grounds for continuance. Failure to comply
				with a diligently served subpoena, and subsequent follow up letter from MVD
				about the necessity for compliance with the subpoena, may be grounds to rescind
				the proposed revocation regardless of the merits of the case.
C. Other than crafting a remedy in the
				particular case before it appropriate for the failure to comply with a valid
				and reasonably executed subpoena, the administrative hearings office has no
				other subpoena enforcement powers.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 6 - IMPLIED CONSENT ACT LICENSE REVOCATION HEARINGS › Section 22.600.6.13 - IMPLIED CONSENT HEARINGS - POWERS AND DUTIES OF HEARING OFFICER

Current through Register Vol. 35, No. 13, July 16, 2024
A. The hearing
				officer shall have the duty to conduct fair and impartial hearings, to take all
				necessary action to avoid delay in the proceedings and to maintain order. The
				hearing officer shall have the powers necessary to carry out these duties,
				including the following:
(1) to administer or
				have administered oaths and affirmations;
(2) to schedule, continue and reschedule
				hearings;
(3) to rule upon offers
				of proof and receive evidence;
(4)
				to require the filings of briefs on specific legal issues prior to or after the
				hearing;
(5) to consider and rule
				upon procedural and other motions and objections appropriate in
				proceeding;
(6) to insure that all,
				and only, relevant and material issues are considered during the
				hearing;
(7) to require the
				production or inspection of relevant documents and other items;
(8) to participate, when appropriate, in the
				examination of witnesses;
(9) to
				maintain a complete administrative hearing record;
(10) to issue orders and a written decision
				based on the record; or
(11) to
				take such other action as may be necessary and appropriate, consistent with
				legal authority vested in the administrative hearings office, and with the
				rules, regulations, standing orders, and policies of the administrative
				hearings office.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 6 - IMPLIED CONSENT ACT LICENSE REVOCATION HEARINGS › Section 22.600.6.14 - IMPLIED CONSENT HEARINGS - PARTIES TO THE HEARING - PARTIES' RIGHTS

Current through Register Vol. 35, No. 13, July 16, 2024
The parties to the hearing shall be MVD and the driver. The
				  driver may be represented by an authorized attorney at their own expense, who
				  can appear on the driver's behalf. MVD may also be represented by an attorney
				  that has entered an appearance on its behalf. MVD may also designate the law
				  enforcement officer that served the notice of revocation as its case agent for
				  the purposes of the exclusionary rule and for the limited purposes of
				  presenting testimony, exhibits, and making basic evidentiary objections
				  regarding relevancy by filing a written designation before the scheduled
				  hearing. The parties directly, or through an authorized attorney, shall be
				  entitled to call and examine witnesses, to introduce exhibits, to cross-examine
				  witnesses, and to make closing arguments. Rebuttal evidence and argument may
				  only be allowed at the discretion of the hearing officer.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 6 - IMPLIED CONSENT ACT LICENSE REVOCATION HEARINGS › Section 22.600.6.15 - IMPLIED CONSENT HEARINGS - EVIDENCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The technical rules of evidence shall not
				apply to the conduct of any hearing held under the provisions of Section
				66-8-112
				NMSA 1978. Irrelevant, immaterial or unduly repetitious evidence shall be
				excluded. The hearing officer may give probative effect to evidence that is of
				a kind commonly relied upon by reasonably prudent people in the conduct of
				serious affairs.
B. Hearsay
				evidence may be admitted in the proceeding.
C. The hearing officer may take notice of
				judicially or administrative cognizable facts and of general technical or
				scientific facts and of other facts within the hearing officer's specialized
				knowledge and experience in conducting Implied Consent Act hearings and in the
				workings of the administrative hearings office.
D. The experience, technical competence, and
				specialized knowledge of the hearing officer may be utilized in the evaluation
				of the evidence.
E. Parties
				objecting to evidence shall timely and briefly state the grounds for the
				objection. Rulings on evidentiary objections may be addressed on the record at
				the time of the objection, reserved for ruling in a subsequent written order or
				decision, or noted as a continuing, ongoing objection for which ruling is
				reserved to later in the proceeding.
F. Any party wishing to submit a video or
				audio recording into the record must provide a complete tangible, playable copy
				that can be retained by the administrative hearings office as part of the
				administrative record.
G.
				Documentary evidence may be received in evidence in the form of copies or
				excerpts. In general, documentary evidence should be no larger than 8.5 inches
				by 11 inches unless expressly allowed by the hearing officer.
H. In lieu of the introduction of tangible
				objects as exhibits, the hearing officer may require the moving party to submit
				a photograph, video, or other appropriate substitute such as verbal description
				of the pertinent characteristics of the object for the record.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 6 - IMPLIED CONSENT ACT LICENSE REVOCATION HEARINGS › Section 22.600.6.16 - IMPLIED CONSENT HEARINGS - FAILURE TO APPEAR

Current through Register Vol. 35, No. 13, July 16, 2024
If a driver who has requested a hearing fails to appear at
				  the scheduled time and place, either in person or through an authorized
				  representative attorney, and notice was given to the driver or to the driver's
				  representative of the date, time, and place of the hearing, and no continuance
				  has been granted, the right to a hearing shall be forfeited and the revocation
				  shall be sustained. In considering the non-appearance and whether the person
				  received appropriate notice, the hearing officer may consider the contents of
				  the administrative file, information conveyed to or known by administrative
				  hearings office staff, information related to mailing, including mail tracking,
				  returned receipt information, and notes written on returned envelopes of the
				  United States postal service or other mail tracking services, and arguments
				  offered by the present party, all of which shall be addressed on the record of
				  the hearing or in any subsequent order. Oral rulings of default for failure to
				  appear are not final until reduced to writing. Such rulings may be changed by
				  written order as new information arises after the hearing related to whether
				  the notice of hearing was properly sent to the correct address, such as but not
				  limited to a returned envelope from the postal service received after the
				  hearing date. If a driver waives the right to a hearing or withdraws the
				  request for hearing, the right to a hearing shall be forfeited and the
				  revocation shall be sustained.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 6 - IMPLIED CONSENT ACT LICENSE REVOCATION HEARINGS › Section 22.600.6.17 - IMPLIED CONSENT HEARINGS - ISSUES TO BE CONSIDERED AT THE HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
The hearing shall be strictly limited to those issues set out
				  in Subsection E of Section
				  66-8-112
				  NMSA 1978, as interpreted by case law. Whether or not the person had a previous
				  revocation under the Implied Consent Act is an issue determined by MVD, by its
				  own review of its official records.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 6 - IMPLIED CONSENT ACT LICENSE REVOCATION HEARINGS › Section 22.600.6.18 - IMPLIED CONSENT HEARINGS - HEARINGS OPEN TO PUBLIC

Current through Register Vol. 35, No. 13, July 16, 2024
The hearing, including any continuations, shall be open to
				  the public, except that the assigned hearing officer may take any actions
				  within the hearing officer's power necessary to ensure a fair and orderly
				  hearing process, including ordering any person, group of people, or member of
				  the media who interferes with the conduct of a fair and orderly hearing process
				  to leave the proceeding.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 6 - IMPLIED CONSENT ACT LICENSE REVOCATION HEARINGS › Section 22.600.6.19 - IMPLIED CONSENT HEARINGS - DECISION AND ORDER

Current through Register Vol. 35, No. 13, July 16, 2024
The hearing officer shall enter a written order either
				  sustaining or rescinding the revocation of the driver's license, permit or
				  privilege to drive. The written order sustaining the revocation shall contain
				  the findings required by Subsection F of Section
				  66-8-112
				  NMSA 1978 except where the driver has withdrawn the driver's request for
				  hearing or waived the driver's right to a hearing by failing to appear at the
				  hearing.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 6 - IMPLIED CONSENT ACT LICENSE REVOCATION HEARINGS › Section 22.600.6.20 - IMPLIED CONSENT HEARINGS - RECORD OF THE HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
Hearings shall be electronically recorded unless the hearing
				  officer requires recording by stenographic, mechanical or other means. Any
				  party is permitted to make their own recording of the proceeding by providing
				  notice to the tribunal and opposing party at beginning of the hearing of their
				  intent to do so. However, unless designated to the contrary by the presiding
				  hearing officer, the recording of the administrative hearings office is the
				  official record of the proceeding. In the event of a videoconference hearing,
				  only the audio recording portion of the proceeding shall be maintained as part
				  of the record.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 6 - IMPLIED CONSENT ACT LICENSE REVOCATION HEARINGS › Section 22.600.6.21 - IMPLIED CONSENT HEARING - TIME FRAMES

Current through Register Vol. 35, No. 13, July 16, 2024
In computing any period of time under this section, the day
				  of the act, event or default from which the designated period of time begins to
				  run shall not be included. The last day of the period so computed shall be
				  included, unless it is a Saturday, Sunday or a legal holiday, in which event
				  the period runs until the end of the next day which is not a Saturday, Sunday
				  or legal holiday.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 9 - PARENTAL RESPONSIBILITY ACT HEARINGS › Section 22.600.9.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Administrative Hearings Office, Wendell Chino Building, 1220
				  South St. Francis Drive, P.O. Box 6400, Santa Fe, NM 87502.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 9 - PARENTAL RESPONSIBILITY ACT HEARINGS › Section 22.600.9.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to all persons and parties subject to
				  driver's license suspension action pursuant to the New Mexico Parental
				  Responsibility Act.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 9 - PARENTAL RESPONSIBILITY ACT HEARINGS › Section 22.600.9.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Paragraph (1) of Subsection A of 7-1.B-5 NMSA
				  1978.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 9 - PARENTAL RESPONSIBILITY ACT HEARINGS › Section 22.600.9.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 1, 2018, unless a later date is cited at the end of
				  a section, in which case the later date is the effective
				  date.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 9 - PARENTAL RESPONSIBILITY ACT HEARINGS › Section 22.600.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to interpret, exemplify,
				  implement and enforce the hearing provisions under the Parental Responsibility
				  Act and the Administrative Hearings Office Act.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 9 - PARENTAL RESPONSIBILITY ACT HEARINGS › Section 22.600.9.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in 22.600.5 NMAC:
A.
"Administrative hearings
				office"
is the agency established under Section
				7-1B-1 NMSA
				1978.
B.
"Certificate of
				compliance"
means a certified statement from HSD stating that a licensee
				is in compliance with a judgment and order for support or in compliance with a
				subpoena or warrant relating to paternity or child support
				proceedings.
C.
"Chief
				hearing officer"
is the appointed head of the administrative hearings
				office under the Administrative Hearings Office Act, Section
				7-1B-3
				NMSA 1978, or the chief hearing officer's designee during the absence of the
				chief hearing officer, or the acting, interim chief hearing officer pending
				appointment of that position.
D.
"Hearing officer"
is the attorney assigned by the chief hearing
				officer or designee of the chief hearing officer to serve as a neutral decision
				maker in any adjudicatory proceeding before the administrative hearings office.
				The person assigned as hearing officer must be licensed to practice law in New
				Mexico or eligible for temporary licensure to practice in New Mexico as
				determined by the New Mexico supreme court. The hearing officer may be a
				classified employee in the state personnel system with the administrative
				hearings office either as an attorney or administrative law judge, may be under
				contract with the administrative hearings office as a contract attorney,
				administrative law judge, or judge, or may be an attorney, administrative law
				judge, or judge serving in a voluntary capacity for the administrative hearings
				office.
E.
"HSD"
means
				the child support enforcement division of the New Mexico human services
				department.
F.
"License"
means an individual driver's license or a commercial
				driver's license.
G.
"Licensee"
means the person challenging the proposed suspension of
				their driving privileges for an alleged violation of the Parental
				Responsibility Act.
H.
"MVD"
is the motor vehicle division of the New Mexico taxation and
				revenue department.
I.
"Notice of intent to suspend driver's license and right to a
				hearing"
means a written statement that MVD intends to suspend or not
				renew a driver's license, the basis for the proposed suspension, and the
				process afforded a licensee by MVD or HSD.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 9 - PARENTAL RESPONSIBILITY ACT HEARINGS › Section 22.600.9.9 - HEARINGS UNDER THE PARENTAL RESPONSIBILITY ACT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The hearing shall be held within 90 days
				from the date of the referral of the case by MVD the administrative hearings
				office.
B. Because of the limited
				and simple issues involved in the proceeding, all license suspension hearings
				regarding the Parental Responsibility Act will be held by telephone unless the
				hearing officer, at their sole discretion, determines that an in-person hearing
				is required.
C. The administrative
				hearings office shall provide notice to the licensee and HSD of the hearing
				date and time.
(1) This notice will be
				directed to the address contained in the request for a hearing or, if no return
				address is indicated, to the address last given by the licensee to MVD pursuant
				to Section
				66-5-22
				NMSA 1978 or to the address provided by licensee's counsel in the entry of
				appearance. Such notice of hearing will be sent a minimum of seven calendar
				days before the scheduled hearing consistent with Section
				66-2-11 NMSA
				1978. A licensee, or their representative, has a continuing, ongoing obligation
				through final issuance of a decision and order resolving the case to provide
				the administrative hearings office with any change of address
				information.
(2) HSD shall
				designate one person to receive all notices of hearing pursuant to the Parental
				Responsibility Act. The notice shall be mailed to HSD at the address and to the
				attention of the person designated by HSD. HSD shall be responsible for
				ensuring the appearance of HSD's witnesses at the hearing. HSD shall
				immediately inform the administrative hearings office of any change in the
				designated person or address.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 9 - PARENTAL RESPONSIBILITY ACT HEARINGS › Section 22.600.9.10 - ISSUES

Current through Register Vol. 35, No. 13, July 16, 2024
The issues to be decided at the hearing are limited to
				  whether:
A. the licensee is in
				compliance with a judgment and order for support;
B. the licensee is in compliance with a
				subpoena or warrants relating to paternity or child support proceedings;
				or
C. the licensee is the person
				whose name appears on the certified list sent to MVD from HSD.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 9 - PARENTAL RESPONSIBILITY ACT HEARINGS › Section 22.600.9.11 - EVIDENCE AND PROOF

Current through Register Vol. 35, No. 13, July 16, 2024
A. In
				any hearing under this part, relevant evidence shall be limited to the
				following:
(1) a valid certificate of
				compliance, if one has been issued between the date of the notice and the
				hearing date;
(2) evidence of
				compliance or non-compliance with a judgment or order of support, subpoena or
				warrant relating to paternity or child support proceedings;
(3) evidence that the licensee is not the
				same person as the person whose name appears on the certified list of obligors
				sent to MVD by HSD; and
(4) a copy
				of the relevant judgment or order of support, subpoena, or warranted to
				paternity or child support proceedings.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 9 - PARENTAL RESPONSIBILITY ACT HEARINGS › Section 22.600.9.12 - ORDER

Current through Register Vol. 35, No. 13, July 16, 2024
An order entered solely because the licensee is not in
				  compliance with the judgment and order for support or not in compliance with a
				  subpoena or a warrant relating to paternity or child support proceedings, shall
				  provide that the license is to be reinstated upon presentation of a subsequent
				  certificate of compliance to MVD and payment of applicable fees. MVD may order
				  additional reasonable conditions necessary to compel compliance with MVD
				  requirements for reapplication or reinstatement of lapsed
				  licenses.