reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 12 - HEARING OFFICER REGULATIONS › Section 22.510.12.8 - HEARING OFFICER REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The provisions of Paragraph I [now
				Subsection A of 22.510.12.8 NMAC] apply to persons serving determinate
				sentences for crimes committed on or after July 1, 1979, except for persons
				serving indeterminate life sentences for crimes committed on or after July
				1,1979.
(1) Regular parole application
				hearings may be conducted before one member of the board or before a hearing
				officer designated by the board.
(a) The
				regular hearing procedures as set out in the rules and regulations of the
				parole board shall be followed.
(b)
				If only one board member or a hearing officer presides over such hearing, he
				shall prepare and submit a written summary of the proposed parole conditions
				and reasons therefor, and the proposed parole plan and reasons therefor, and
				other evidence and information as appropriate, with copies of all relevant
				documentation together with recommendations to the board within ten (10)
				working days of the close of the hearing for a decision by the full
				board.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 13 - ADMINISTRATIVE PROCEDURES › Section 22.510.13.8 - ADMINISTRATIVE PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Upon receipt by the parole board of parole plan that is unacceptable, the board
				shall advise the prospective parolee, in writing, of this fact, with copies to
				the director of field services division. A "home plan" may be considered
				subject to the board's approval.
B.
				Field services division may request that the board write a letter of reprimand
				to a parolee who is adjusting poorly on parole, or that said individual appear
				before the board personally to discuss his parole adjustment.
C. A parole plan check-out and investigation
				which reveals that return to a particular community or area which would have
				adverse effects on the parolees or the community should be covered in said
				parole plan check-out so that the board may be appraised of that information
				prior to the release of the parolee.
D. In the event that the parole board places
				a special parole condition on an individual and the parole plan check-out
				reveals that compliance therewith is not possible, such determination should be
				brought to the attention of the board at the time the parole plan report is
				submitted.
E. The discharge dates
				from basic sentences inmates are serving is computed by the institutional
				record section and is not the responsibility or function of the New Mexico
				parole board.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 14 - TIME LIMITS › Section 22.510.14.8 - TIME LIMITS

Current through Register Vol. 35, No. 13, July 16, 2024
Wherever specific time limits are enumerated in these rules,
				  said limits may be extended for cause by the board. If specific time limits are
				  exceeded, any actions taken shall not be avoided unless actual prejudice to the
				  affected party is shown.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 15 - PAROLE REVOCATION HEARINGS › Section 22.510.15.8 - PAROLE REVOCATION HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of this paragraph [now 22.510.15.8 NMAC] apply
				  to all parolees facing parole revocation.
A. Parolees charged with parole violation
				will receive a preliminary probable cause parole revocation hearing upon such
				charge or charges in accordance with rules and regulations of the corrections
				department.
B. Final parole
				revocation hearings are scheduled to commence on the third Wednesday of each
				month, and continuing on through Thursday and Friday, if necessary.
C. Field services division staff will serve
				the parolee with proper documentation of alleged violation(s) of
				parole.
D. The parole board will
				serve the public defender's office with the proper documentation of alleged
				parole violation(s) a minimum of at least 10 working days before the scheduled
				hearing.
E. The parole board may,
				however, conduct a final revocation hearing at any time at the request of the
				parolee or the parolee's attorney.
F. The parolee's return to the penitentiary
				of New Mexico at Santa Fe (or other correctional facility) subsequent to a
				finding of probable cause at such preliminary parole revocation hearing will
				receive a prompt final parole revocation hearing.
G. Parolees will be afforded the opportunity
				to request assistance of counsel. Parolees requesting assistance of counsel at
				their final parole revocation hearings will be interviewed by a member of the
				parole board to determine whether such parolees need assistance of counsel in
				accordance with the following criteria:
(1)
				whether the parolee claims he has not committed the alleged
				violation;
(2) whether there are
				substantial reasons which justified or mitigated the violation and makes
				revocation inappropriate;
(3)
				whether such reasons (referred in (2) above) are complex or otherwise difficult
				to develop or present;
(4) whether
				the parolee appears capable or incapable of speaking effectively for
				himself;
(5) whether the parolee
				had counsel at the preliminary probable cause parole revocation
				hearing.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 16 - RESCINDING PAROLE › Section 22.510.16.8 - RESCINDING PAROLE

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions in PB Rule 82.15 [now 22.510.16 NMAC] apply to
				  all inmates.
A. Any inmate who has
				been granted a parole to the community, a consecutive sentence or a detainer,
				and who is found guilty of, or pleads guilty to having violated a prison rule
				or regulation which constitutes a misconduct report and finding of guilt after
				a due process hearing at the place of confinement, will be afforded a hearing
				before the parole board or a hearing officer designated by the board.
B. The hearing contemplated in this section
				will be a limited hearing solely on the issue of whether the violation warrants
				rescission of the board's previous favorable action.
C. The inmate will be permitted to present
				evidence he may have which is relevant to this one issue only.
D. In no instances will the board relitigate
				the issue of guilt.
E. The inmate
				may submit his evidence in mitigation, in writing.
F. The inmate may waive the right to have
				this hearing, and the board will then enter its decision in accordance
				therewith.
G. In all instances, the
				board will advise the inmate, in writing, of its decision.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 17 - PAROLE HEARINGS FOR YOUTH SENTENCED IN ADULT COURT › Section 22.510.17.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of Part 17 apply to persons serving indeterminate life sentences for crimes committed when under the age of 18 and sentenced on or after July 1, 1979.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 17 - PAROLE HEARINGS FOR YOUTH SENTENCED IN ADULT COURT › Section 22.510.17.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Paragraph 8 of Subsection B of Section  31-21-25 NMSA 1978.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 17 - PAROLE HEARINGS FOR YOUTH SENTENCED IN ADULT COURT › Section 22.510.17.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 9, 2021, unless a later date is cited at the end of a section.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 17 - PAROLE HEARINGS FOR YOUTH SENTENCED IN ADULT COURT › Section 22.510.17.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with the prohibition on cruel and unusual punishment of the Eighth Amendment of the U.S. Constitution and Article II, Section 13 of the New Mexico Constitution and the rehabilitative purposes of the New Mexico Children's Code, the parole board is responsible for providing an inmate sentenced for offenses committed under the age of 18 with a meaningful opportunity for release. Because of the unique constitutional requirements announced in supreme court precedent, the parole board must treat cases involving youthful offenders differently than those involving adult offenders.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 17 - PAROLE HEARINGS FOR YOUTH SENTENCED IN ADULT COURT › Section 22.510.17.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Aggravating factor"
- a circumstance or factor the parole board is permitted or required to weigh against the grant of parole.
See also
mitigating factor.
B.
"Deadly weapon"
- as defined in Section  31-1-12 NMSA 1978, a deadly weapon means any firearm, whether loaded or unloaded; or any weapon which is capable of producing death or great bodily harm, including but not restricted to any types of daggers, brass knuckles, switchblade knives, bowie knives, poniards, butcher knives, dirk knives and all such weapons with which dangerous cuts can be given, or with which dangerous thrusts can be inflicted, including sword, canes, and any kind of sharp pointed canes, also slingshots, slung shots, bludgeons; or any other weapons with which dangerous wounds can be inflicted.
C.
"Experts"
- an expert permitted to submit evidence in support of release under Subsection D of 22.510.17.8 is limited to those psychologists, psychiatrists, social workers, and other licensed professionals in adolescent brain development who have conducted an individual evaluation of the inmate for purposes of parole review under the provisions of this rule.
D.
"Family member of the victim"
- as defined in Section  31-21-25 NMSA 1978, "family member of the victim" is a mother, father, sister, brother, child or spouse of the victim or a person who has custody of the victim.
E.
"Habitual offender"
- as defined in Section  31-18-17 NMSA 1978, a habitual offender is a person convicted of a noncapital felony in this state whether within the Criminal Code or the Controlled Substances Act or not who has incurred one prior felony conviction that was part of a separate transaction or occurrence or conditional discharge under Section  31-20-13 NMSA 1978.
F.
"Mitigating factor"
- a circumstance or factor the Parole Board is permitted or required to weigh in favor of the grant of parole.
See also
aggravating factor.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 17 - PAROLE HEARINGS FOR YOUTH SENTENCED IN ADULT COURT › Section 22.510.17.8 - PRESENTATION AND CONSIDERATION OF YOUTHFUL CHARACTERISTICS

Current through Register Vol. 35, No. 13, July 16, 2024
The parole board shall consider the following mitigating factors for inmates sentenced for crimes committed before the age of 18:
A. The age and life circumstances of the inmate as of the date of the commission of the crime(s), including, but not limited to, diminished understanding of risks and consequences, diminished ability to resist peer pressure, and diminished ability to control surroundings;
(1) The hallmark features of youth at the time of the commission of the crime(s), including, but not limited to, diminished understanding of risks and consequences, diminished ability to resist peer pressure, and diminished ability to control surroundings;
(2) Whether the inmate has demonstrated growth and increased maturity since the date of the commission of the crime(s);
(3) The inmate's contributions to the welfare of other persons through service while incarcerated;
(4) When appropriate, the inmate's efforts to overcome substance abuse, addiction, or trauma;
(5) Lack of education or obstacles that the inmate may have faced as an adolescent in the adult correctional system;
(6) The inmate's opportunities for, or lack thereof, rehabilitation services in the correctional system, including, but not limited to, mental health services, counseling, educational programs, and vocational training; and
(7) The overall degree of the inmate's rehabilitation considering the inmate's age and life circumstances at the time of the crime, the nature and circumstances of the inmate's involvement in the crime(s), and the inmate's opportunities for rehabilitation while incarcerated.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 17 - PAROLE HEARINGS FOR YOUTH SENTENCED IN ADULT COURT › Section 22.510.17.9 - GRANT OF PAROLE AND INCORPORATION OF SECTION 31-21-10 NMSA 1978

Current through Register Vol. 35, No. 13, July 16, 2024
A. Where credible evidence of rehabilitation, growth, and maturity is present, a presumption of fitness for parole shall be applied. In applying this presumption, the parole board shall abide by the statutory requirements under Section  31-21-10 NMSA 1978, for granting parole of an inmate sentenced to life imprisonment. In accordance with Section  31-21-10 NMSA 1978, before granting parole, the parole board shall also consider:
(1) The circumstances of the offense;
(2) Mitigating and aggravating circumstances;
(3) Whether a deadly weapon was used in the commission of the offense;
(4) Whether the inmate is a habitual offender;
(5) The reports filed under Section  31-21-9 NMSA 1978; and
(6) The reports of such physical and mental examinations as have been made while in an institution.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 17 - PAROLE HEARINGS FOR YOUTH SENTENCED IN ADULT COURT › Section 22.510.17.10 - RIGHTS OF CRIME VICTIMS AND INCORPORATION OF SECTION 31-21-25 NMSA 1978

Current through Register Vol. 35, No. 13, July 16, 2024
The parole board shall allow the victim of the offender's crime or a family member of the victim to be present during the parole hearing. If the victim or a family member of the victim requests an opportunity to speak to the parole board during the hearing in public or private, the parole board shall grant the request.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 17 - PAROLE HEARINGS FOR YOUTH SENTENCED IN ADULT COURT › Section 22.510.17.11 - DENIAL OF PAROLE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Where credible evidence of rehabilitation, growth, and maturity is present, a presumption of fitness for parole shall be applied. The focus of the parole board's determination should be on the credible evidence provided by the inmate demonstrating rehabilitation, growth, and maturity. Denial of parole is permitted if the parole board determines there is insufficient evidence of rehabilitation, growth, and maturity. The parole board shall articulate the basis of its decision in writing if release is denied. The written denial shall include, but is not limited to:
(1) The specific reason(s) why release is not in the best interest of society and the inmate; and
(2) An analysis of the characteristics of youth as outlined in 22.510.17.8.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 17 - PAROLE HEARINGS FOR YOUTH SENTENCED IN ADULT COURT › Section 22.510.17.12 - LEGAL COUNSEL AND DEFENSE PROFESSIONALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Inmates appearing before the parole board sentenced to indeterminate life for an offense or offenses committed under the age of 18 shall have the right to retain counsel for representation before the parole board. Counsel shall be permitted to participate in the hearing, argue the application of the provisions of this rule in the case of their client, and submit to the members of the parole board memorandum of this proposed application and supporting evidence.
B. The parole board shall have the right to have legal counsel of its own present at the hearing.
C. Social workers and other defense professionals also engaged in the representation of the inmate before the parole board shall be permitted to submit reports, affidavits, or other written or testamentary statements to the parole board as mitigating evidence.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 17 - PAROLE HEARINGS FOR YOUTH SENTENCED IN ADULT COURT › Section 22.510.17.13 - NOTICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Inmates will be provided a minimum of 30 days' notice of the date and time of their hearing under this rule.
B. Inmates will be informed of the parole board's decision within 30 days from the date of the hearing.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 17 - PAROLE HEARINGS FOR YOUTH SENTENCED IN ADULT COURT › Section 22.510.17.14 - PRESERVATION OF RECORD

Current through Register Vol. 35, No. 13, July 16, 2024
Parole hearings will be tape recorded and kept by the parole board. A recording of the hearing will be made available to anyone upon written request to the parole board and sent within 14 days of the request.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 100 - JUVENILE PUBLIC SAFETY ADVISORY BOARD › Section 22.510.100.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This policy applies to members and employees of the juvenile
				  public safety advisory board and to all juvenile offenders, including youthful
				  offenders, who are eligible to be considered for supervised release by the
				  department.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 100 - JUVENILE PUBLIC SAFETY ADVISORY BOARD › Section 22.510.100.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations are adopted pursuant to authority granted
				  to the juvenile public safety advisory board in 1978 N.M. Stat. Ann. Section
				  32A-7-6(A)(5) 2009.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 100 - JUVENILE PUBLIC SAFETY ADVISORY BOARD › Section 22.510.100.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish standards and procedures for the juvenile public
				  safety advisory board and its staff to conduct investigations, examinations,
				  interviews, and such other procedures as may be necessary for the effectual
				  discharge of the duties of the board.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 100 - JUVENILE PUBLIC SAFETY ADVISORY BOARD › Section 22.510.100.8 - ADMINISTRATIVE REVIEWS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Administrative review. At intervals, the director or designee reviews the
				juvenile offender's progress or lack thereof. The administrative review may be
				based solely on documentation. Whenever possible, it is preferable for the
				administrative review to include an interview with the juvenile offender at the
				facility where he or she is housed.
(1) The
				first administrative review must occur not later than forty days after the date
				that the juvenile offender is committed to the department's custody, and may
				occur at the juvenile's initial MDT.
(2) Subsequent administrative reviews occur
				at regular intervals thereafter, until such time as the juvenile offender is
				placed on the agenda for a release meeting, or is otherwise
				discharged.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 100 - JUVENILE PUBLIC SAFETY ADVISORY BOARD › Section 22.510.100.9 - FACILITY VISITS AND OTHER DUTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. At least once per year, the board visits
				each departmental facility for purposes of evaluating the conditions of the
				facilities and any other matters pertinent to the care of committed
				juveniles.
B. After the board
				visits the department's facilities, it shall prepare a written report on the
				conditions found, including recommendations for programs and facilities. The
				report shall be provided to:
(1) the secretary
				of the children, youth and families department;
(2) the director of the juvenile justice
				division; and
(3) the
				governor.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 100 - JUVENILE PUBLIC SAFETY ADVISORY BOARD › Section 22.510.100.10 - INFORMATION REQUIRED FOR BOARD PARTICIPATION IN RELEASE DECISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In order for the board to effectually participate in release
				  panel decisions, the board obtains information on the juvenile being considered
				  for release from the facilities.
A.
				For the initial administrative review (the forty day review), the director or
				designee attends the juvenile's initial MDT at the facility to obtain the
				following information:
(1) a complete history
				of the juvenile offender's delinquent acts and any resulting
				consequences;
(2) the juvenile
				offender's family history;
(3) the
				juvenile offender's social history;
(4) the juvenile offender's academic,
				vocational and educational history;
(5) the juvenile offender's psychological and
				psychiatric history, including all diagnostic center reports;
(6) relevant medical reports for the juvenile
				offender;
(7) the commitment order
				for the current commitment and petition;
(8) the pre-disposition report for the
				current commitment;
(9) the
				facility's plan for care and rehabilitation;
(10) the facility's identification sheets or
				case record sheets;
(11)
				designation of home study recipient; and
(12) the juvenile offender's social security
				number.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 100 - JUVENILE PUBLIC SAFETY ADVISORY BOARD › Section 22.510.100.11 - SUPERVISED RELEASE CONSIDERATION MEETINGS

Current through Register Vol. 35, No. 13, July 16, 2024
The board participates in release consideration meetings held
				  by the department, including revocation hearings, and internally confers on
				  release or revocation decisions prior to or at meetings. The board is not
				  required to meet in person to internally confer on release or revocation
				  decisions, as long as each board member provides input on what the board's vote
				  should be at the release consideration meeting or revocation hearing. After
				  conferring, a majority of the board's members must agree to the vote to be
				  given at the meeting or hearing for each juvenile on the agenda. A quorum of
				  the board then attends each regular and special release consideration meeting
				  or revocation hearing and provides one vote. The board also advises the
				  department on criteria to be used to decide whether to release a
				  juvenile.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 100 - JUVENILE PUBLIC SAFETY ADVISORY BOARD › Section 22.510.100.12 - CONFIDENTIALITY

Current through Register Vol. 35, No. 13, July 16, 2024
All juvenile records in the possession of the board or its
				  staff are maintained confidentially in accordance with 1978 NMSA Section
				  32A-2-32.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 100 - JUVENILE PUBLIC SAFETY ADVISORY BOARD › Section 22.510.100.13 - DIRECTOR DUTIES

Current through Register Vol. 35, No. 13, July 16, 2024
The director of the board is not an ex-officio member of the
				  board and does not vote in board decisions, including any decisions related to
				  the facility release panel. The director shall support the board and other
				  board members by providing budget administration, inclusive of travel and per
				  diem support to board members; guiding the board in preparing for facility
				  release panel meetings and bi-annual meetings with the secretary; coordinating
				  the board's efforts in developing an annual report to the governor's office;
				  managing any specific requests for information from board members relating to
				  information about agency services and programs or specific youth scheduled to
				  appear before the facility release panel; assisting the office of the secretary
				  in recruiting and nominating potential board members to fill vacant positions,
				  as needed; and other duties as requested by the board.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 1 - GENERAL ADMINISTRATIVE HEARING RULES AND PROCEDURES › Section 22.600.1.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Administrative hearings office, Wendell Chino Building, 1220
				  South St. Francis Drive, P.O. Box 6400, Santa Fe, New Mexico
				  87502.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 1 - GENERAL ADMINISTRATIVE HEARING RULES AND PROCEDURES › Section 22.600.1.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to all proceedings, cases, and hearing
				  before the administrative hearings office and all parties that appear before
				  the administrative hearings office, unless a more specific statutory or
				  regulatory provision applies to the specific hearing type being
				  conducted.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 1 - GENERAL ADMINISTRATIVE HEARING RULES AND PROCEDURES › Section 22.600.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Paragraph (1) of Subsection A of 7-1B-5 NMSA
				  1978.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 1 - GENERAL ADMINISTRATIVE HEARING RULES AND PROCEDURES › Section 22.600.1.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 1, 2018, unless a later date is cited at the end of
				  a section, in which case the later date is the effective
				  date.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 1 - GENERAL ADMINISTRATIVE HEARING RULES AND PROCEDURES › Section 22.600.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to provide general hearing
				  practice rules for hearings before the administrative hearings
				  office.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 1 - GENERAL ADMINISTRATIVE HEARING RULES AND PROCEDURES › Section 22.600.1.8 - APPLICABILITY OF THESE RULES

Current through Register Vol. 35, No. 13, July 16, 2024
These rules provide general practice rules for all
				  proceedings before the administrative hearings office. However, if a more
				  specific regulatory provision applies to the hearing type at issue, that more
				  specific regulation controls over these general rules. For example, the
				  specific rules addressing tax protest hearings would apply over any conflicting
				  provision contained in these rules.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 1 - GENERAL ADMINISTRATIVE HEARING RULES AND PROCEDURES › Section 22.600.1.9 - STANDING ORDERS

Current through Register Vol. 35, No. 13, July 16, 2024
The chief hearing officer may issue, or withdraw, standing
				  orders addressing general practice issues and filing protocols for the handling
				  of cases before the administrative hearings office. Such standing orders will
				  be displayed publicly at administrative hearings office facilities, any
				  administrative hearings office website, and in any applicable information
				  provided with a notice of hearing. The parties appearing before the
				  administrative hearings office are expected to comply with standing orders
				  addressing general practice protocols and procedures.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 1 - GENERAL ADMINISTRATIVE HEARING RULES AND PROCEDURES › Section 22.600.1.10 - REQUESTING A HEARING BEFORE THE ADMINISTRATIVE HEARINGS OFFICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any party
				seeking a hearing before the administrative hearings office shall file a
				written request for a hearing with a brief summary identifying the nature of
				the dispute, the applicable statute or rule in dispute in the matter, and
				identifying the jurisdictional basis for the administrative hearings office to
				adjudicate the matter. Such request for hearing must include the triggering
				proposed action of TRD or MVD (or other state agency), such as a denial,
				suspension, or withdrawal letter, as well as the person or entity's written
				protest or request for hearing challenging that action/inaction. The request
				for hearing must also include the address of record of the party challenging
				the state's action either as included in that person's request for hearing or
				contained in the agency's official records. If the administrative hearings
				office has developed a specific form to request a hearing in a particular
				subject matter, the parties are required to use that form.
B. The administrative hearings office may
				reject any request for hearing in which the administrative hearings office
				lacks jurisdiction to adjudicate the matter, the matter is moot, or where the
				request for hearing is defective, not on the appropriate form, lacking required
				supporting documents, or is otherwise deficient. If the request for hearing is
				defective for any reason, the requesting party may correct any deficiency and
				resubmit the request for hearing.
C. Upon receipt of a request for hearing
				containing the relevant information specified in subparagraph (A) and for which
				the administrative hearings office has jurisdiction to adjudicate the matter,
				the chief hearing officer or designee shall assign a hearing officer to preside
				in the matter based on the knowledge, expertise, experience, efficiency, and
				staffing needs of the office. The chief hearing officer may reassign the matter
				to another hearing officer if the management of the office or other
				circumstances so require it.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 1 - GENERAL ADMINISTRATIVE HEARING RULES AND PROCEDURES › Section 22.600.1.11 - REPRESENTATION AT HEARING, FORMAL ENTRY OF APPEARANCE/SUBSTITUTION OF COUNSEL, AND WITHDRAWAL FROM REPRESENTATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Unless otherwise expressly authorized by
				statute, only the person challenging the action or a bona fide employee if the
				party is an entity or business, or an attorney licensed or authorized to
				practice law in New Mexico may represent the person at hearing. In tax protest
				hearings, any person expressly authorized by statute to represent a taxpayer in
				a tax protest proceeding may represent the taxpayer before the administrative
				hearings office. Any attorney not licensed to practice law in New Mexico must
				comply with applicable New Mexico supreme court pro hac vice rules in order to
				represent the person, business, or entity at any substantive hearing in the
				matter.
B. Any attorney wishing to
				represent a party must file a formal written entry of appearance directly with
				the administrative hearings office listing his or her mailing address, a fax
				number (if any), and a valid email address. Any attorney wishing to substitute
				in for a previous attorney must file a substitution of counsel containing the
				same information required in the initial entry of appearance. Upon withdrawal
				of representation, consistent with the rules of professional conduct, the
				attorney shall give reasonable notice of the date and time of the scheduled
				hearing to the party and allow time for the party to retain other counsel, if
				needed. Prior to the hearing, counsel should file a written notice of
				withdrawal from representation with the administrative hearings office
				indicating when counsel notified the driver of the date and time of the license
				revocation hearing.
C. A hearing
				officer may deny a request for withdrawal of representation only when
				withdrawal would have a clear, materially adverse effect on the party's
				interests and impede the conduct of a full, fair, and efficient
				hearing.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 1 - GENERAL ADMINISTRATIVE HEARING RULES AND PROCEDURES › Section 22.600.1.13 - PREHEARING CONFERENCES, STATUS CONFERENCES, AND STATUS CHECKS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The hearing
				officer may direct representatives for all parties to meet together or with the
				hearing officer present for a prehearing conference to consider any or all of
				the following:
(1) simplify, clarify, narrow
				or resolve the pending issues;
(2)
				stipulations and admissions of fact and of the contents and authenticity of
				documents;
(3) expedition in the
				discovery and presentation of evidence, including, but not limited to,
				restriction on the number of expert, economic or technical witnesses;
(4) matters of which administrative notice
				will be taken; and
(5) such other
				matters as may aid in the orderly and expeditious disposition of the
				proceeding, including disclosure of the names of witnesses and the identity of
				documents or other physical exhibits which will be introduced in evidence in
				the course of the proceeding.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 1 - GENERAL ADMINISTRATIVE HEARING RULES AND PROCEDURES › Section 22.600.1.14 - HEARING LOCATION, TIME AND PLACE, NOTICE OF HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except for hearings under the Implied
				Consent Act or other hearings statutorily required to occur in a different
				location, all hearings before the administrative hearings office will occur in
				Santa Fe or, at the discretion of the chief hearing officer, at another
				administrative hearings office facility in the state. The parties may express a
				mutual preference for location of the hearing in their request for hearing for
				the chief hearing officer's consideration. In selecting the location of the
				hearing other than a setting in Santa Fe, in addition to complying with any
				mandated, applicable statutory hearing location, the chief hearing officer
				shall consider and give weight to the location and wishes of the respective
				parties, witnesses, and representative in the proceeding, the duty station of
				the assigned hearing officer with expertise in the matter, and the scheduling
				and staffing needs of the administrative hearings office. If setting a hearing
				in a location other than Santa Fe would cause an unreasonable, undue burden to
				either party, that party may file a written objection to the setting of the
				hearing at a location other than Santa Fe within 10 days of issuance of the
				notice of hearing, articulating the reasons supporting the objection. The chief
				hearing officer or designee will promptly review the objection and, upon a
				showing of an unreasonable, undue burden, may move the hearing to Santa Fe or
				another more reasonable location and reassign the matter to another hearing
				officer if necessary.
B. The
				administrative hearings office will notify the parties to the hearing by mail
				of the date, time and, place scheduled for the hearing at least seven days
				before the scheduled hearing. This notice will be directed to the address
				contained on the request for a hearing or, if no return address is indicated,
				to the address last given by the party to TRD, MVD, or other state entity, or
				to the address provided by the party's attorney in the entry of
				appearance.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 1 - GENERAL ADMINISTRATIVE HEARING RULES AND PROCEDURES › Section 22.600.1.16 - CONTINUANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A. At the request
				of a party, a witness, or upon the hearing officer's own determination, a
				hearing may be continued for good cause. The hearing officer shall consider
				only written continuance requests made at least three working days prior to the
				scheduled hearing absent extraordinary, unforeseen circumstances that the
				requesting party could not have known earlier. Employees of the administrative
				hearings office scheduling section or the chief hearing officer may grant or
				deny the request on behalf of the hearing officer. An order to grant or deny
				the request may be issued prior to the scheduled hearing or if there is
				insufficient time to issue an order prior to the scheduled hearing, the hearing
				officer may grant or deny the request on the record at the hearing. No
				continuance request may be granted unless there is adequate time to provide
				notice to the parties, subpoena witnesses and conduct the rescheduled hearing
				before expiration of any statutory jurisdictional deadline.
B. Within the jurisdictional time limits set
				by statute, the chief hearing officer may sua sponte continue any matter as
				necessary to address staffing needs, to ensure efficient and adequate use of
				state resources, and to manage the hearing docket. To this end, the chief
				hearing officer or designee may contact the parties to inquire about the status
				of a scheduled case.
C. No case
				shall be continued, even with a showing of good cause or an emergency
				circumstance, beyond any mandatory, applicable jurisdictional time limit on the
				case.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 1 - GENERAL ADMINISTRATIVE HEARING RULES AND PROCEDURES › Section 22.600.1.17 - ATTIRE AT HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
All attorneys and other authorized representatives must be
				  attired in a dignified, professional manner at all times during the hearing.
				  Witnesses shall dress in a respectful manner. No attire or dress so flamboyant,
				  disheveled, inflammatory, obscene, offensive or revealing as to create a
				  distraction to the orderly conduct of court proceedings will be
				  permitted.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 1 - GENERAL ADMINISTRATIVE HEARING RULES AND PROCEDURES › Section 22.600.1.19 - WITNESSES, EXPERT WITNESSES, AND INVOCATION OF THE RULE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person having relevant, material
				knowledge related to one of the issues in a hearing may testify as a witness
				under oath in the matter. Upon affirming the oath, the witness may be
				questioned by both parties and by the hearing officer.
B. Unless a more specific provision applies,
				witnesses are ordinarily expected to appear in the same manner or by the same
				method as the parties in a proceeding, absent express preapproval of the
				assigned hearing officer allowing an appearance by a different method. For
				example, if the hearing is scheduled to be conducted in person in a specific
				place, the witnesses are also ordinarily expected to appear in person at that
				same place; however, if the matter is set to occur by telephone or
				videoconference, then the witnesses may ordinarily appear by telephone of
				videoconference.
C. The current or
				previously assigned hearing officer in a matter shall not be called and shall
				not be a witness in the proceeding.
D. If either party intends to call and treat
				a particular witness as an expert witness in the proceeding, the party must
				provide a written designation at least seven days before the scheduled hearing,
				or with sufficient time before completion of discovery deadline specified in a
				scheduling order to allow for deposition, to the opposing party and the
				administrative hearings office, identifying the purported expert, the scope of
				that expert's purported testimony relative to the proceeding, the expert's
				credentials, and listing of any materials the expert reviewed as part of
				reaching his or her expert opinion. The opposing party may file a response in
				opposition before the hearing or challenge the designation of the witness as an
				expert during the course of the hearing.
E. At the hearing, either party can invoke
				the exclusionary rule, excluding all witnesses other than the real party in
				interest, their representative, one main case agent, and any designated expert
				witness from the proceeding until the time of their testimony. If the rule has
				been invoked, the witnesses shall not discuss their testimony with each other
				until the conclusion of the proceeding. When the rule has been invoked, any
				witness who remains in the hearing after conclusion of their testimony may not
				be recalled as a witness in the proceeding, except that any witness may observe
				the testimony of an expert witness and be recalled to provide any subsequent
				rebuttal testimony.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 1 - GENERAL ADMINISTRATIVE HEARING RULES AND PROCEDURES › Section 22.600.1.20 - HEARING OFFICER POWERS AND RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Hearings shall be presided over by a
				hearing officer designated by the chief hearing officer of the administrative
				hearings office.
B. The hearing
				officer shall have the duty to conduct fair and impartial hearings, to take all
				necessary action to avoid delay in the proceedings and to maintain order. The
				hearing officer shall have the powers necessary to carry out these duties,
				including the following:
(1) to administer or
				have administered oaths and affirmations;
(2) to cause depositions to be
				taken;
(3) to require the
				production or inspection of documents and other items;
(4) to require the answering of
				interrogatories and requests for admissions;
(5) to rule upon offers of proof and receive
				evidence;
(6) to regulate the
				course of the hearings and the conduct of the parties and their representatives
				therein;
(7) to issue a scheduling
				order, schedule a prehearing conference for simplification of the issues, or
				any other proper purpose;
(8) to
				schedule, continue and reschedule hearings;
(9) to consider and rule upon all procedural
				and other motions appropriate in proceeding;
(10) to require the filing of briefs on
				specific legal issues prior to or after the hearing;
(11) to cause a complete record of hearings
				to be made;
(12) to make and issue
				decisions and orders; and
(13) to
				reprimand, or with warning in extreme instances exclude from the hearing, any
				person for engaging in a continuing pattern of indecorous, obstinate,
				recalcitrant, obstreperous, unethical, unprofessional or improper conduct that
				interferes with the conduct of a fair and orderly hearing or development of a
				complete record.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 1 - GENERAL ADMINISTRATIVE HEARING RULES AND PROCEDURES › Section 22.600.1.21 - CLOSED/PUBLIC HEARING, SEALED RECORDS, AND DELIBERATIVE NOTES OF HEARING OFFICER

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Except for hearings occurring pursuant to the Implied Consent Act, upon request
				of the party challenging the state action, or unless otherwise provided in an
				applicable statute or regulation pertinent to the hearing at issue, all
				hearings are closed to the public. The party challenging the state action may
				submit a written request to open the hearing to the public, which shall be
				granted if authorized by statute or regulation.
B. If the hearing is open to the public
				either under the Implied Consent Act, upon request of the party challenging the
				state action, or other applicable statute or regulation, members of the public
				and the media may attend the hearing so long as they do not interrupt,
				interfere, or impede the orderly, fair, and efficient hearing process. With
				prior consent of the chief hearing officer and the assigned hearing officer,
				media members may record the proceeding at a fixed location in the hearing
				room. The hearing officer may direct any member of the public, including
				attending media members, to leave the proceeding if they engage in any conduct
				that interferes with the hearing officer's ability to maintain order, develop
				the record, and provide a fair and efficient hearing process.
C. Upon request of either party, and upon a
				showing of good cause, the hearing officer may seal a particular exhibit,
				document, or portions of a witness' testimony from public disclosure if such
				items contain statutorily-protected confidential information, privileged
				information, or otherwise contain private identification information of a party
				or third party that is immaterial to a substantive issue in the proceeding or
				if its materiality is substantially outweighed by the prejudice of public
				release of the information. Upon issuance of an order sealing such documents or
				exhibits, these records will remain under seal throughout the proceeding and
				shall be returned to the submitting party at the conclusion of the appeal
				period or the appeal. The opposing party shall be entitled to promptly review
				these documents in preparing for the hearing, and may rely on those documents
				during the hearing as necessary to ensure a fair hearing process, but shall not
				maintain its own copy of the sealed document after conclusion of the hearing
				nor reveal, discuss, or disclose the contents of these sealed documents to any
				other party outside of the hearing process.
D. The hearing officer's notes taken during
				the course of the hearing, any written discussions with another hearing officer
				related to the deliberative, decision-making process, and any draft orders or
				draft decisions are confidential as part of the deliberative process and are
				not subject to public disclosure.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 1 - GENERAL ADMINISTRATIVE HEARING RULES AND PROCEDURES › Section 22.600.1.22 - SUBPOENAS

Current through Register Vol. 35, No. 13, July 16, 2024
Any request for issuance of subpoenas in matters before the
				  administrative hearings office shall be guided by Rule 45 of the rules of civil
				  procedure for the district courts of New Mexico, except where provisions of
				  that rule conflict with the limited powers of the administrative hearings
				  office. Any subpoena issued shall be in the name of the chief hearing officer
				  of the administrative hearings office. The party requesting the subpoena shall
				  prepare a proposed subpoena using a form approved by the administrative
				  hearings office, submit the proposed subpoena to the administrative hearings
				  office for approval and to the opposing party, and to timely and reasonably
				  serve the subpoena on the person or entity subject to the subpoena. Unless good
				  cause is shown for a shorter period, a subpoena shall provide at least 10 days
				  notice before compelled attendance at a hearing or deposition, and at least 10
				  days notice before compelled production of materials. All returns or
				  certificates of service on served subpoenas shall be filed with the
				  administrative hearings office, copied to the opposing party, and shall be made
				  part of the record of the proceeding.