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 19.25.2.12 - HEARINGS UNIT FILING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Filing of documents and number of copies.
				Written communications shall contain the name, address, and telephone number of
				the communicator and an appropriate reference to hearings unit files by docket
				and OSE file number(s) pertaining to the subject of the communication. All
				motions and other pleadings shall be filed with the administrator of the
				hearings unit in triplicate, consisting of the original plus two copies.
				Motions requesting an order from the hearing examiner shall be accompanied by a
				proposed order and stamped, addressed envelopes for service by the hearings
				unit administrator of such order on all parties.
B. Rejection of documents. A document that
				does not reference the hearings unit's docket number and OSE file number in the
				caption of the document, or that is not in substantial compliance with this
				rule, may be rejected by the hearings unit administrator or hearing examiner.
				No motion or pleading requesting discovery shall be filed with the hearings
				unit prior to the matter being docketed by the hearings unit.
C. Date of filing. A pleading or document is
				considered filed on the date stamped by the hearings unit administrator, unless
				the pleading or document is subsequently rejected. Any pleading or document
				received after regular business hours will be stamped and considered filed on
				the next regular business day.
D.
				Facsimile and electronic filing. In the discretion of the hearings unit
				administrator, a pleading or document, not to exceed 10 pages, may be filed by
				facsimile transmission, subject to any additional filing requirements that may
				be required by the hearings unit administrator. Such facsimile transmissions
				must be received before 4 p.m., mountain standard or daylight time. When
				feasible, the hearing examiner may order pleadings and other documents to be
				filed electronically if electronic filing procedures by the hearings unit have
				been established.
E. Service.
				Except as otherwise provided by this rule or by order of the hearing examiner,
				a party shall serve upon all parties to the proceeding all pleadings and
				documents that are filed with the hearings unit. Service shall be made by
				delivering or mailing a copy to the party's counsel and to any individual party
				appearing pro se. Proof of service shall be made by a certificate of service,
				which shall include a list of all parties served. Upon agreement, service among
				parties may be by electronic means.
F. Notification of change of address or other
				information. Each party shall provide the hearings unit administrator and other
				parties with a current mailing address, telephone number, and facsimile
				information. A party shall be deemed to have received notice of all pleadings
				and notices mailed or sent by facsimile to the address or facsimile number of
				record. If a party fails to provide a current mailing address, and pleadings or
				notices sent to the address of record are returned by a postal service as
				undeliverable, the hearing examiner shall dismiss that party.
G. Amendments and withdrawal. Requests to
				amend or withdraw a pleading shall be made by motion or application subject to
				response by the WRD or other parties, and if granted shall be subject to such
				conditions as the hearing examiner may deem appropriate. Amendments to any
				pleading shall not broaden the scope of the issues originally filed unless
				allowed by the hearing examiner, and shall be subject to such additional notice
				or other responses as ordered by the hearing examiner.
H. Computation of time. The time within which
				an act is to be done as provided in any rule or order, when expressed in days,
				shall be computed by excluding the day of the act or event from which the time
				begins to run and including the last, except that if the last day be Saturday,
				Sunday, or a legal holiday, the act may be done in the next succeeding business
				day.
I. Extensions of time. Except
				as otherwise provided by law, the time by which any person is required or
				allowed to act under any statute, rule, or order may be extended by the hearing
				examiner for good cause, upon a motion made before the expiration of the period
				prescribed or previously extended. The filing of the motion does not toll the
				running of the time period prescribed.