New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 2 - CODE OF CONDUCT FOR ADMINISTRATIVE HEARINGS › Section 22.600.2.16 - EX PARTE COMMUNICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				A hearing officer on an assigned case may not engage in any prohibited ex parte
				communications about the substantive issues with either party on any matter
				before the administrative hearings office. A prohibited ex parte communication
				occurs when the hearing officer discusses the substance of a case without the
				opposing party being present, except that it is not a prohibited ex parte
				communication for the hearing officer to go on the record with only one party
				when the other party has failed to appear at a scheduled hearing.
B. Where circumstances require it, ex parte
				communications for procedural, administrative, or emergency purposes that does
				not address the substantive matters or issues on the merits are permitted if
				the hearing officer reasonably believes that no party will gain an advantage as
				a result of the non-substantive ex parte communication and the hearing officer
				makes provisions to promptly notify all parties of the substance of the ex
				parte communication.
C. As part of
				the deliberative process, a hearing officer may consult with other hearing
				officers, except those who have previously been disqualified from the matter,
				and support personnel of the administrative hearings office about a pending
				matter. Such communication does not amount to a prohibited ex parte
				communication.
D. In the event a
				hearing officer receives an unsolicited ex parte communication, such as but not
				limited to the receipt of an email or a facsimile, the hearing officer
				receiving the unsolicited communication shall promptly forward a copy of the
				communication to the opposing party and admonish the sending party to comply
				with the ex parte communication prohibition in all future communications. An
				unsolicited ex parte communication does not constitute a prohibited ex parte
				communication unless the assigned hearing officer deems that the communication
				caused a genuine advantage to the non-complying, submitting party.
E. The chief hearing officer or designated
				staff, may make inquiries about the status of a scheduled case or cases, or the
				conduct of a case or cases that have already occurred, with either or both
				parties as part of the management of the docket, staff, and state resources.
				This communication does not amount to prohibited ex parte
				communication.
F. With consent of
				the parties, the hearing officer may confer separately with the parties or
				their representatives in an effort to mediate or settle pending matters. With
				consent, such communication does not amount to a prohibited ex parte
				communication.
G. Absent providing
				administrative notice to the parties with an opportunity for the parties to
				respond or object, or receiving prior consent from the parties to do so, a
				hearing officer shall not investigate facts that are reasonably in dispute in a
				matter independently of what has been presented on the record. This does not
				preclude a hearing officer from researching the applicable law relevant to the
				facts presented regardless of whether such legal authority was cited by either
				party. Nor does it preclude the hearing officer from taking administrative
				notice of facts that cannot reasonably be disputed.
H. A hearing officer may engage in ex parte
				communications when expressly authorized by law to do so.
I. So long as no confidential or privileged
				information about the case or the identities of the parties is disclosed, a
				hearing officer may consult with other hearing officers, other staff, ethics
				advisory committees, outside counsel, judges who will not serve in an appellate
				capacity in the matter, mentors, or other legal experts concerning the hearing
				officer's obligations and compliance with provisions of this code without
				disclosing such communication to any person or party.