New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES › Section 11.5.5.801 - FILING OF TRANSCRIPT; NOTICE; CORRECTION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Filing:
A copy the original
				of the transcript, duly certified by the reporter, shall be filed with the
				commission secretary as soon as practicable after conclusion of the
				hearing.
B.
Notice of
				transcript filing:
Upon receipt of the transcript of proceedings, the
				commission secretary shall issue a notice of transcript filing and serve a
				conformed copy upon each party.
C.
Corrections to transcript:
Corrections to the transcript may be
				made by the following procedure:
(1) All
				parties to a case may stipulate to a correction to the transcript. The original
				of any such stipulation shall be filed with the commission secretary, and a
				copy thereof shall be served on the court reporter by the party initiating the
				stipulations.
(2) If the parties
				are unable to stipulate to correction of the transcript, then within ten days
				after service of the notice of transcript filing a party seeking to make
				corrections shall send to the court reporter a list of the proposed
				corrections, by page and line number, setting forth the language as it appears
				in the transcript and the language as the party believes it should appear. The
				list shall also include adequate space for the court reporter to make the
				annotations required by Subparagraph b of this Paragraph.
(a) A copy of the correspondence with the
				court reporter shall be sent to each other party to the case, but shall not be
				filed with the commission at the time it is sent.
(b) Upon receipt of the proposed transcript
				corrections, the court reporter will check the original stenographic record and
				will indicate, in the space provided for each proposed correction:
(i) concurrence, if the court reporter agrees
				with the proposed correction;
(ii)
				non-concurrence, if the court reporter believes the original language is
				correct; or
(iii) the language as
				it should appear, if the court reporter determines that the original language
				is in error but does not agree with the proposed correction.
(c) Upon completion of the actions
				required by Subparagraph b of this Paragraph, the court reporter shall return
				the annotated list of proposed corrections to the party submitting
				it.
(d) Upon receipt of the
				annotated list of proposed transcript corrections, the initiating party shall
				prepare an appropriate document in the format illustrated in Section 1000 [now
				11.5.5.1000 NMAC], attach the proposed corrections as an exhibit, file the
				document with the commission secretary, and serve a copy on each other party
				and on the court reporter.
(e) Any
				other party may file objections to the proposed transcript corrections within
				five (5) days after the date of service of the corrections. Any party filing
				objections shall serve a copy of the objections on each other party to the case
				and on the court reporter.
(i) In the absence
				of a timely objection, the proposed transcript corrections as annotated by the
				court reporter shall be accepted as accurate.
(ii) If a timely objection is filed, the
				hearing officer shall rule on such objections. Such ruling shall be without
				hearing, unless otherwise ordered by the hearing officer. A copy of such ruling
				shall be served by the commission secretary on each party and on the court
				reporter.
(3)
				The commission secretary shall enter on the original transcript of hearing in
				the case file all corrections made pursuant to this Subsection, and shall enter
				and sign the following annotation on the first page of the transcript:
				"Transcript corrections made pursuant to [stipulation] [proposed corrections]
				[order] filed [date of filing]."