New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 1 - GENERAL ADMINISTRATIVE HEARING RULES AND PROCEDURES › Section 22.600.1.18 - BURDEN OF PROOF, PRESENTATION OF CASE, EVIDENCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Unless otherwise specified by statute, the
				burden of proof in an administrative proceeding before the administrative
				hearings office is the preponderance of evidence.
B. The party with the burden of proof in the
				case will ordinarily present their case first, followed by the opposing party,
				unless the hearing officer makes reasonable exceptions related to the
				availability of the witnesses and representatives or other scheduling
				concerns.
C. The hearing officer
				may require or allow opening statements as the circumstances justify. Opening
				statements are not ordinarily evidence, but without objection, may be adopted
				as evidence by sworn oath of the party-witness who made the opening
				statement.
D. All testimony must be
				given under oath and will be subject to questioning of the opposing party. The
				hearing officer may also ask questions of the witness as appropriate. At the
				hearing officer's discretion, redirect and recross may be allowed.
E. The parties may make closing arguments,
				either orally at the conclusion of the case or, upon order of the hearing
				officer, in writing after conclusion of the hearing. The hearing officer may
				also require the parties to submit further briefing on any issue in the case,
				and to submit proposed findings of fact and conclusions of law. No
				decision-writing deadline commences until the parties have submitted any
				ordered post-hearing briefing.
F.
				The New Mexico rules of evidence and civil procedure shall not apply in any
				matter before the administrative hearings office unless otherwise expressly and
				specifically required by statute, regulation, or order of the hearing officer.
				Relevant and material evidence shall be admissible. Irrelevant, immaterial,
				unreliable, or unduly repetitious evidence may be excluded. The hearing officer
				shall consider and give appropriate weight to all relevant and material
				evidence admitted in rendering a final decision on the merits of a
				matter.
G. Hearsay evidence may be
				admitted in the proceeding.
H. The
				hearing officer may take administrative notice of facts not subject to
				reasonable dispute that are generally known within the community, capable of
				accurate and ready determination by resort to sources whose accuracy cannot be
				reasonably disputed, or as provided by an applicable statute. Administrative
				notice may be taken at any stage in the proceeding whether or not requested by
				the parties. A party is entitled to respond as to the propriety of taking
				administrative notice which shall include the opportunity to refute a noticed
				fact.
I. Parties objecting to
				evidence shall timely and briefly state the grounds for the objection. Rulings
				on evidentiary objections may be addressed on the record at the time of the
				objection, reserved for ruling in a subsequent written order, or noted as a
				continuing, ongoing objection for which ruling is reserved to later in the
				proceeding.
J. Any party wishing to
				submit a video or audio recording into the record must provide a complete
				tangible, playable copy that can be retained by the administrative hearings
				office as part of the administrative record.
K. In general, documentary evidence should be
				no larger than 8.5 inches by 11 inches unless expressly allowed by the hearing
				officer. The hearing officer may admit documentary exhibits presented at
				hearing which exceeds 8.5 inches by 11 inches or which cannot be folded,
				provided the proponent of such exhibits provide the administrative hearings
				office with a copy of the exhibit reduced to 8.5 inches by 11 inches. After the
				hearing at which the exhibit was admitted, the reduced copy shall be
				substituted for the larger exhibit and made part of the record of the hearing.
				The administrative hearings office may permit the proponent of a large exhibit
				to make arrangements to obtain a reduced copy, provided that a failure by the
				proponent to provide a reduced copy shall be deemed a withdrawal of the
				exhibit.
L. In lieu of the
				introduction of tangible objects as exhibits, the hearing officer may require
				the moving party to submit a photograph, video, or other appropriate substitute
				such as a verbal description of the pertinent characteristics of the object for
				the record.