New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 25 - ADMINISTRATION AND USE OF WATER - GENERAL PROVISIONS › Part 2 - HEARINGS UNIT PROCEDURES › Section 19.25.2.15 - SCHEDULING AND CONDUCT OF PRE-HEARING MATTERS

Current through Register Vol. 35, No. 13, July 16, 2024
The hearing examiner may establish conferences at regular
				  times and places and at intervals sufficiently frequent for the orderly
				  management of the proceedings. These may include scheduling conferences, status
				  reviews, settlement conferences, motions hearings, pre-hearing conferences, and
				  all other matters relevant to the achievement of a productive and efficient
				  decision making process.
A. Procedural
				schedule. The hearing examiner shall issue a procedural order that contains a
				statement of the issues to be heard and sets a procedural schedule. In the
				absence of a specific finding and order from the hearing examiner, all
				discovery and motions shall be completed within 150 days from the date of the
				initial scheduling conference, and the final hearing shall be held within 180
				days from the date of the scheduling conference. The hearing examiner may
				periodically conduct status reviews of the progress of the proceedings, and may
				issue procedural orders modifying the procedural schedule as necessary or
				appropriate.
B. Pre-hearing and
				status conferences. The hearing examiner may conduct pre-hearing or other
				status conferences to simplify issues for hearing; rule on or otherwise
				consider outstanding motions or other pleadings; address stipulations, and
				admissions of fact and documents; address limitations on the number of
				witnesses or time allocated to particular witnesses or issues at hearing, order
				of witness presentation and scheduling of testimony and amount of time
				anticipated for direct and cross examinations; and any other relevant matters
				that may aid in the hearing process. The orders and rulings resulting from the
				pre-hearing conference shall control the subsequent course of the proceedings
				and final hearing, unless otherwise ordered by the hearing examiner.
C. Alternative dispute resolution. The
				hearing examiner may order any or all parties to participate in an
				OSE-facilitated ADR process or to attend a settlement conference to assist in
				reaching a settlement at the earliest possible stage, resolve disputed facts or
				issues, expedite the hearing process, and conserve resources.
D. Motions hearings. The hearing examiner may
				rule on a motion, other than for summary judgment, based on the pleadings or
				may schedule a hearing on the motion, at the hearing examiner's
				discretion.
E. Summary judgment
				motions. Motions for summary judgment that are dispositive of any
				administrative or enforcement matter shall not be granted without a hearing.
				The hearing examiner shall submit a report and recommendation as to the
				dispositive motion to the state engineer for final decision in accordance with
				19.25.2.28 and 29 NMAC.
F.
				Attendance at scheduled proceedings. All parties shall attend scheduled
				hearings, conferences or other proceedings fully prepared to discuss all
				matters noticed and to address any outstanding motions or pleadings. Without
				good cause shown, the failure of a party to attend or be prepared to discuss
				those matters set to be heard shall constitute a waiver of any objection to any
				agreement reached or to any order or ruling made as a result of the proceeding,
				and may be grounds for adverse action by the hearing examiner on the pleading
				of the party failing to appear.
G.
				Scheduling of site visits. The hearing examiner may schedule site visits,
				subject to notice to the parties and the opportunity for parties to
				attend.