New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 352 - ADMINISTRATIVE HEARINGS › Part 2 - CLAIMANT HEARINGS › Section 8.352.2.16 - CONDUCTING THE HSD ADMINISTRATIVE HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A HSD administrative hearing is conducted in an orderly
				  manner and in an informal atmosphere. The HSD administrative hearing is
				  normally conducted telephonically and is not open to the general public. The
				  assigned ALJ has the authority to limit the number of persons in attendance as
				  necessary for the ALJ to control the hearing.
A.
Opening the hearing:
The HSD
				administrative hearing is opened by the assigned ALJ. All individuals present
				at the hearing must identify themselves for the record, including when the
				claimant or the claimant's authorized representative has other representation
				or legal counsel to assist him or her during the HSD administrative hearing.
				The ALJ shall explain his or her role in conducting the HSD administrative
				hearing that he or she will submit the record of the HSD administrative hearing
				to the MAD director and that the final decision of the HSD administrative
				hearing will be made by the MAD director or designee after review of the record
				of the HSD administrative hearing.
B.
Order of testimony:
The order
				of testimony is described, and the oath is administered to all who will testify
				at the HSD administrative hearing. Because the burden of proof is with MAD, it
				is at the claimant or the claimant's authorized representative's discretion to
				call witnesses or to present evidence. The order of testimony at the HSD
				administrative hearing is as follows:
(1)
				opening statements of parties, authorized representatives, or designees, or if
				the claimant or the claimant's authorized representative through a signed
				statement has identified a designated spokesperson or legal counsel to assist
				him or her during the HSD administrative hearing process;
(2) presentation of MAD's case; if witnesses
				are called, the order of examination of each witness is:
(a) examination by MAD, its UR contractor,
				the MCO, or another MAD designee;
(b) cross examination by the claimant, the
				claimant's authorized representative, designated spokesperson, or his or her
				legal counsel; and
(c) MAD's
				opportunity to redirect the witness;
(3) presentation of the claimant's case is at
				the claimant or the claimant's authorized representative discretion, if
				witnesses are called, the order of examination of each witness is:
(a) examination by claimant or the claimant's
				authorized representative, designated spokesperson or legal counsel;
(b) cross examination by MAD, its UR
				contractor, the MCO or another MAD designee; and
(c) the claimant, claimant's authorized
				representative or designated spokesperson, or legal counsel's opportunity to
				redirect the witness;
(4) presentation of rebuttal evidence by MAD,
				its UR contractor, the MCO or another designee and the claimant or the
				claimant's authorized representative, designated spokesperson or legal counsel
				respectively;
(5) the ALJ may
				direct further questions to any of the parties to the HSD administrative
				hearing to clarify inconsistencies or obtain an adequate evidentiary record;
				and
(6) the ALJ may ask specific
				parties to summarize and present closing arguments.