New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 5 - FORMAL ADMINISTRATIVE HEARINGS › Section 13.1.5.14 - 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 hearing by
				telephone, videoconference, or other equivalent electronic method 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 by 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 by telephone,
				videoconference, or other equivalent electronic methods, any party may request
				to appear directly or have a witness on their behalf appear by 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 by telephone, videoconference, or other alternative electronic method
				shall be deemed as a total and complete waiver of any in-person hearing right,
				and deemed as consent for all parties, all witnesses, and the hearing officer
				to appear by telephone, videoconference, or other equivalent electronic
				methods.
E. All parties appearing
				by 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 by 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 interferes 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 by
				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.