New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 1 - GENERAL ADMINISTRATIVE HEARING RULES AND PROCEDURES › Section 22.600.1.15 - TELEPHONIC, VIDEOCONFERENCE, AND OTHER EQUIVALENT ELECTRONIC METHOD HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. If
				not otherwise prohibited by statute, rule, or court ruling, the hearing officer
				may conduct the hearing in person or by telephone, videoconference, or other
				equivalent electronic method.
B. If
				the hearing is to be conducted by telephone, videoconference or other
				equivalent electronic method, the notice shall so inform the parties. Either
				party may file a written objection to conducting the hearing by telephone,
				videoconference, or other equivalent electronic method within 10 days of the
				notice of hearing. Failure to timely object to the conduct of a telephone,
				videoconference, or other equivalent electronic method hearing constitutes
				consent to the hearing proceeding in that manner and waiver of any other
				applicable statutory in county hearing requirement.
C. Upon receipt of a timely objection, the
				hearing officer shall consider the applicable legal requirements, the location
				of the parties and witnesses, the complexity of the particular matter, the
				availability of necessary electronic equipment for conduct of a full and fair
				hearing by telephone, videoconference, or other equivalent electronic method,
				and the basis of the objection in determining whether the hearing should occur
				at a specific location rather than via telephone, videoconference, or other
				equivalent electronic method.
D.
				Provided that the requesting party has not previously demanded an in-person
				hearing or otherwise objected to conducting the matter via telephone,
				videoconference, or other equivalent electronic methods, any party may request
				to appear directly or have a witness on their behalf appear via telephone,
				videoconference, or alternative electronic means by filing a request at least
				three business days before the scheduled hearing. The filing of a request to
				appear via telephone, videoconference, or other alternative electronic method
				shall be deemed as a total and complete waiver of any in-person, in-county
				hearing requirement and deemed as consent for all parties, all witnesses, and
				the hearing officer to appear via telephone, videoconference, or other
				equivalent electronic methods.
E.
				All parties appearing via telephone, videoconference, or other electronic
				method shall provide the administrative hearings office with a working email
				address or facsimile number for the exchange of all documentary evidence before
				or during the hearing.
F. Failure
				to follow the administrative hearings office's instructions for participating
				in the hearing via telephone, videoconference, or other equivalent electronic
				method will be treated as a non-appearance at the hearing.
G. Any technical issues shall be promptly
				reported to the administrative hearings office according to the instructions
				included on the notice of hearing.
H. In the event that technical or other
				computer problems prevent a hearing by videoconference or other electronic
				method from occurring or otherwise interferes with maintaining or developing a
				complete record at the hearing, the parties agree and consent that the assigned
				hearing officer at their discretion may continue the matter to a different time
				before expiration of the statutory deadline, may order the parties to appear
				for an in-person hearing, or may conduct the remaining portion of the hearing
				via telephone.
I. If the assigned
				hearing officer determines during the course of the hearing, either sua sponte
				or upon argument of a party, that an in-person hearing is necessary to
				adequately complete the record, address credibility issues, or is otherwise
				necessary to ensure a full or fair hearing process, the hearing officer may
				recess a hearing occurring by telephone, videoconference, or other equivalent
				electronic method and reconvene the proceeding as an in-person
				hearing.