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 19.25.2.22 - CONDUCT OF HEARINGS ON AGGRIEVED AND PROTESTED APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Evidentiary hearings on the merits of a pending matter are
				  formal, recorded proceedings at which the testimony of witnesses is taken under
				  oath and exhibits are presented for consideration of the hearing examiner for
				  admission as evidence in the record. The course of the hearing shall generally
				  proceed as follows, unless otherwise directed by the hearing examiner:
A. Entry of appearances. The parties shall
				enter their appearances at the beginning of the hearing and shall be made
				through counsel of record, or individually by any pro se party.
B. Preliminary matters. The hearing examiner
				will address preliminary matters, including outstanding motions, the
				presentation and admission of exhibits deemed admitted pursuant to the
				scheduling order, stipulations, and other items not previously ruled on as
				deemed appropriate.
C. Opening
				statements. At the discretion of the hearing examiner, the parties may present
				brief opening statements summarizing their positions concerning the issues in
				dispute, prior to the presentation of any witnesses.
D. Order of witnesses. Unless otherwise
				directed by the hearing examiner, evidence will be presented in the order of
				applicant's direct case, including witnesses and exhibits, in support of its
				position; protestant(s)' responsive case, including witnesses and exhibits, in
				support of their position and in rebuttal to applicant's position and evidence;
				the WRD's presentation of its direct and rebuttal case, including direct
				witnesses and exhibits and rebuttal witnesses and exhibits; and applicant's
				rebuttal case. Surrebuttal shall only be allowed at the discretion of the
				hearing examiner.
E.
				Cross-examination. The parties shall have a reasonable opportunity to
				cross-examine the witnesses of opposing parties. Cross-examination shall be
				limited to matters addressed on direct examination of the witness or matters
				contained in exhibits prepared by the witness, unless otherwise permitted by
				the hearing examiner. The hearing examiner may limit repetitious
				cross-examination.
F.
				Supplementation of testimony. Testimony of a witness may, at the discretion of
				the hearing examiner and subject to cross examination and objection, be
				supplemented with graphics or computerized presentations, provided that the
				presenting party has given advance notice of its intent to do so, the projected
				images presented are disclosed as proposed exhibits pursuant to the scheduling
				order, and the proposed exhibit number or identifiers are clearly marked and
				visible on each graphic presentation.
G. Closing statements. Closing statements may
				be allowed at the discretion of the hearing examiner.
H. Conduct of participants. All parties,
				witnesses, counsel, staff, spectators and other persons shall conduct
				themselves in a respectful and orderly manner. Disruptions of any kind at
				hearings shall not be permitted. Any disregard of the rulings of the hearing
				examiner on matters of order and procedure by any person may be noted on the
				record and the hearing examiner may take appropriate action pursuant to Chapter
				72 of the New Mexico Statutes Annotated, the Rules of Civil Procedure for
				District Courts and the Rules of Professional Conduct. The hearing examiner may
				adjourn, recess, or continue any hearing if the behavior of any person
				interferes with the proper and orderly conduct of a hearing, and for any other
				cause or circumstance that may prevent the proper conduct of a
				hearing.