New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 21 - PATIENT'S COMPENSATION FUND › Part 5 - SURCHARGE RATE HEARINGS › Section 13.21.5.15 - 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 advisory board may conduct
				any hearing in person or by telephone, videoconference, or other equivalent
				electronic method. The advisory board shall cause a stenographic or audio
				recording to be made of all proceedings involving the presentation of evidence,
				points, authorities or argument pertaining to the merits of the matter before
				the advisory board.
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
				advisory board 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 advisory board to appear via telephone, videoconference, or other
				equivalent electronic methods.
E.
				All parties appearing via telephone, videoconference, or other electronic
				method shall provide the advisory board 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 advisory board'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 advisory board.
H.
				In the event that technical or other computer problems prevent a hearing by
				videoconference or other electronic method from occurring or otherwise
				interfere with maintaining or developing a complete record at the hearing, the
				parties agree and consent that the advisory board 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 advisory board 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 advisory board may recess a hearing occurring by
				telephone, videoconference, or other equivalent electronic method and reconvene
				the proceeding as an in-person hearing.