New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 44 - LANDSCAPE ARCHITECTS › Part 9 - COMPLAINTS › Section 16.44.9.9 - ADJUDICATORY PROCEEDINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				General provisions and pre-hearing and preliminary matters.
(1) All hearings shall be conducted either by
				the board or, at the election of the board, by a hearing officer.
(2) If the board appoints a hearing officer,
				the hearing officer shall have authority to decide pre-hearing matters, preside
				over the hearing, and direct post-hearing matters in accordance with the
				requirements of the case in a manner that ensures an efficient and orderly
				hearing and expedites the final resolution of the case. Except as otherwise
				limited in this part, the hearing officer shall have the authority to rule on
				all non-dispositive motions. If the board does not appoint a hearing officer or
				if the hearing officer is unavailable or unable to proceed, the board chair or
				other board member designated by the board shall have the authority to decide
				pre-hearing or preliminary matters on behalf of the board. This authority shall
				be in accordance with the requirements of the case in a manner that ensures an
				efficient and orderly hearing and expedites the final resolution of the case,
				including, without limitation:
(a) unopposed
				or stipulated motions to change venue;
(b) motions for continuance of a hearing
				date; a motion to vacate the hearing must contain a statement that the licensee
				or applicant waives his or her right to a hearing held not more than 60 days
				from the date of service of the notice of hearing;
(c) the granting of one notice of peremptory
				excusal to each party if the notice is timely and if the peremptory excusal
				does not result in a loss of a quorum of the board; and
(d) motions regarding discovery.
(3) The original of any papers and
				pleadings shall be filed with the board. Copies shall be sent to the hearing
				officer and attorneys or parties of record.
(4) The hearing officer or designated board
				member shall issue appropriate orders to control the course of the
				proceedings.
(5) Consistent with
				provisions of the Uniform Licensing Act and to the extent practicable, the
				rules of civil procedure for the district courts shall apply unless the hearing
				officer or designated board member orders otherwise.
(6) A request for an order shall be a made by
				motion filed with the board. Except for motions made during the course of the
				hearing, a motion shall be in writing. A motion shall state with particularity
				the grounds for the motion and shall set forth the relief and order
				sought.
(7) A motion shall be
				accompanied by a memorandum brief in support of the motion. The brief shall
				state with particularity the grounds for the motion and shall contain citation
				to authorities, statutes, and references to the pleadings on file. If matters
				outside of the pleadings are considered, a copy of the referenced material
				shall be attached to the brief.
(8)
				The hearing officer or the designated board member may order the filing of
				briefs or other documents and may set oral argument on any matter.
(9) No more than two continuances of the
				hearing date will be granted without the approval of the board for good cause
				shown.
(10) All dispositive motions
				shall be decided by the board.
(11)
				No proposed settlement, consent agreement, voluntary surrender of a license in
				lieu of prosecution, or other proposal for the resolution of a pending
				disciplinary case shall be effective unless approved by the board and executed
				by the board and the licensee or applicant. The board or hearing officer may
				seek information from the administrative prosecutor and the licensee or
				applicant concerning circumstances of the case relevant to a consideration of
				the proposed settlement or clarification of the proposed terms and conditions.
				No board member is presumed to be biased and shall not be excused based solely
				on the reason that the member considered a proposed settlement, consent
				agreement, or other proposal for the resolution of a pending disciplinary case.
				The board may submit a counterproposal for the settlement or resolution of the
				case.
(12) Any proposed settlement,
				consent agreement, voluntary surrender of a license in lieu of prosecution, or
				other proposal for the resolution of a pending disciplinary case shall contain
				at least the following:
(a) an admission of
				all jurisdictional facts; an acknowledgment of the rights contained in the
				Uniform Licensing Act and an express waiver of those rights and of all rights
				to hearing and judicial review or any other opportunity to contest the validity
				of the board order in any other proceeding or forum;
(b) a provision that the proposal resolves
				only the violations alleged in the specific notice of contemplated action and a
				statement that the board reserves the right to initiate other proceedings for
				any other violations of the act or board regulations;
(c) a description of the facts underlying
				each alleged violation;
(d) if
				appropriate, a list of the acts or practices from which the licensee or
				applicant will refrain in the future;
(e) a statement of the type, terms, and
				conditions of the proposed disciplinary action of the board;
(f) a statement that the licensee will be
				responsible for all costs of disciplinary proceedings or a statement setting
				forth the reason why the licensee should be excused from paying costs; the
				affidavit of the board administrator concerning the costs incurred to date
				shall accompany the proposal;
(g) a
				statement that the decision and order of the board shall be a public record and
				shall be reported as required by law; and
(h) other provisions necessary to ensure the
				complete and final resolution of the proceedings.
(13) A proposal to settle a matter shall not
				stay the proceedings or vacate the hearing date unless otherwise ordered by the
				hearing officer or presiding officer upon the filing of a timely
				motion.