New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 1 - GENERAL ADMINISTRATIVE HEARING RULES AND PROCEDURES › Section 22.600.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following terms apply to:
A.
"Administrative hearings
				office"
is the agency established under Section
				7-1B-1 NMSA
				1978.
B.
"Administrative
				hearings office facility"
is an office facility owned or leased by the
				administrative hearings office.
C.
"Business day"
means Monday through Friday, excluding Saturday,
				Sunday, or a state-recognized holiday as specified by Section
				12-5-2
				NMSA 1978, except for President's Day, which by practice of the state personnel
				office is awarded on the day after Thanksgiving. For the purposes of
				determining the timeliness of an electronic filing, a business day commences at
				12:00 am and concludes at 11:59 p.m.
D.
"Chief hearing officer"
is
				the appointed head of the administrative hearings office under the
				Administrative Hearings Office Act, Section
				7-1B-3
				NMSA 1978, or the chief hearing officer's designee during the absence of the
				chief hearing officer, or the acting, interim chief hearing officer pending
				appointment of that position.
E.
"Hearing"
means an on the record, adjudicatory proceeding between
				two parties before an assigned hearing officer of the administrative hearings
				office.
F.
"Hearing
				location"
is the administrative hearings office facility or another
				state, county, municipal, or private office location where the administrative
				hearings office has arranged space to conduct a scheduled hearing or
				hearings.
G.
"Hearing
				officer"
is the attorney assigned by the chief hearing officer or
				designee of the chief hearing officer to serve as a neutral decision maker in
				any adjudicatory proceeding before the administrative hearings office. The
				person assigned as hearing officer must be licensed to practice law in New
				Mexico or eligible for temporary licensure to practice in New Mexico as
				determined by the New Mexico supreme court. The hearing officer may be a
				classified employee in the state personnel system with the administrative
				hearings office either as an attorney or administrative law judge, may be under
				contract with the administrative hearings office as a contract attorney,
				administrative law judge, or judge, or may be an attorney, administrative law
				judge, or judge serving in a voluntary capacity for the administrative hearings
				office.
H.
"MVD"
is
				the motor vehicle division of the New Mexico taxation and revenue
				department.
I.
"Order"
means any directive, command, determination of a disputed issue, or ruling on a
				disputed issue, by the administrative hearings office directed to the parties
				involved in a proceeding before the administrative hearings office.
J.
"Party"
means the named
				person, entity, or agency in an action before the administrative hearings
				office.
K.
"Pleading"
means any written request, motion, or proposed action filed by a party with the
				administrative hearings office.
L.
"Request for hearing"
means a formal written request from a party
				to be heard on a particular matter where the administrative hearings office has
				statutory authority to conduct an adjudicatory proceeding.
M.
"Sua Sponte"
means any order
				of the chief hearing officer or the assigned hearing officer made without
				prompting of the parties.
N.
"TRD"
is the New Mexico taxation and revenue department.