New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 4 - ADMINISTRATIVE HEARINGS › Section 13.21.4.14 - TELEPHONIC, VIDEOCONFERENCE AND OTHER EQUIVALENT ELECTRONIC METHOD HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. If not otherwise
				prohibited by statute, rule, or court ruling, the hearing officer may conduct
				the hearing in person or by telephone, videoconference, or other equivalent
				electronic method. The hearing officer shall cause a stenographic or audio
				recording to be made of all proceedings involving the presentation of evidence,
				points, authorities or argument pertaining to the merits of the matter before
				the hearing officer.
B. If the
				hearing is to be conducted by telephone, videoconference or other equivalent
				electronic method, the notice shall so inform the parties. Either party may
				file a written objection to conducting the hearing by telephone,
				videoconference, or other equivalent electronic method within 10 days of the
				notice of hearing. Failure to timely object to the conduct of a telephone,
				videoconference, or other equivalent electronic method hearing constitutes
				consent to the hearing proceeding in that manner and waiver of any other
				applicable statutory in-county hearing requirement.
C. Upon receipt of a timely objection, the
				hearing officer shall consider the applicable legal requirements, the location
				of the parties and witnesses, the complexity of the particular matter, the
				availability of necessary electronic equipment for conduct of a full and fair
				hearing by telephone, videoconference, or other equivalent electronic method,
				and the basis of the objection in determining whether the hearing should occur
				at a specific location rather than via telephone, videoconference, or other
				equivalent electronic method.
D.
				Provided that the requesting party has not previously demanded an in-person
				hearing or otherwise objected to conducting the matter via telephone,
				videoconference, or other equivalent electronic methods, any party may request
				to appear directly or have a witness on their behalf appear via telephone,
				videoconference, or alternative electronic means by filing a request at least
				three business days before the scheduled hearing. The filing of a request to
				appear via telephone, videoconference, or other alternative electronic method
				shall be deemed as a total and complete waiver of any in-person, in-county
				hearing requirement and deemed as consent for all parties, all witnesses, and
				the hearing officer to appear via telephone, videoconference, or other
				equivalent electronic methods.
E.
				All parties appearing via telephone, videoconference, or other electronic
				method shall provide the hearing officer with a working email address or
				facsimile number for the exchange of all documentary evidence before or during
				the hearing.
F. Failure to follow
				the hearings officer's instructions for participating in the hearing via
				telephone, videoconference, or other equivalent electronic method will be
				treated as a non-appearance at the hearing.
G. Any technical issues shall be promptly
				reported to the hearing officer.
H.
				In the event that technical or other computer problems prevent a hearing by
				videoconference or other electronic method from occurring or otherwise
				interfere with maintaining or developing a complete record at the hearing, the
				parties agree and consent that the assigned hearing officer may continue the
				matter to a different time before expiration of the statutory deadline, may
				order the parties to appear for an in-person hearing, or may conduct the
				remaining portion of the hearing via telephone.
I. If the assigned hearing officer determines
				during the course of the hearing, either
sua sponte
or upon
				argument of a party, that an in-person hearing is necessary to adequately
				complete the record, address credibility issues, or is otherwise necessary to
				ensure a full or fair hearing process, the hearing officer may recess a hearing
				occurring by telephone, videoconference, or other equivalent electronic method
				and reconvene the proceeding as an in-person hearing.