New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 1 - INSURANCE GENERAL PROVISIONS › Part 5 - FORMAL ADMINISTRATIVE HEARINGS › Section 13.1.5.17 - BURDEN OF PROOF, PRESENTATION OF CASE, EVIDENCE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Burden of proof.
Unless
				otherwise specified by statute, the burden of proof in a proceeding is the
				preponderance of evidence.
B.
Presentation order.
The party with the burden of proof in the case
				shall ordinarily present their case first, followed by the opposing party, if
				any, unless the hearing officer makes reasonable exceptions related to the
				availability of the witnesses, representatives or other scheduling
				concerns.
C.
Opening
				statements.
The hearing officer may require or allow opening statements
				as the circumstances justify. Opening statements are not ordinarily evidence,
				but without objection, may be adopted as evidence by sworn oath of the
				party-witness who made the opening statement.
D.
Testimony under oath.
All
				testimony must be given under oath and shall be subject to questioning of each
				other party. The hearing officer may also ask questions of the witness as
				appropriate. At the hearing officer's discretion, redirect and re-cross may be
				allowed.
E.
Closing
				arguments.
The parties may make closing arguments, either orally at the
				conclusion of the case or, upon order of the hearing officer, in writing after
				conclusion of the hearing.
F.
Post-hearing briefs.
The hearing officer may also order the
				parties to submit further briefing on any issue in the case, and to submit
				proposed findings of fact and conclusions of law. The hearing officer shall
				establish a timeline for submission of any post-hearing pleadings, including
				time for the parties to exchange briefs, as the hearing officer finds
				necessary. No decision-writing deadline commences until the parties have
				submitted any ordered post-hearing briefing or submission.
G.
Rules of evidence.
(1) Formal rules of evidence and civil
				procedure shall not apply in a proceeding unless otherwise expressly and
				specifically required by statute, regulation, or order of the hearing officer.
				The rules of evidence and civil procedure pertaining to privilege shall always
				apply regardless of the level of formality in a particular
				proceeding.
(2) Relevant and
				material evidence shall be admissible. Irrelevant, immaterial, unreliable, or
				unduly repetitious evidence may be excluded.
(3) A party may offer exhibits, such as
				records of transactions.
(a) The party shall
				have the exhibits numbered by the stenographer prior to the hearing.
(b) The party shall provide copies of the
				evidence to the stenographer, all parties and to the hearing officer.
(c) Exhibits must be introduced and explained
				by a witness, who must be prepared to answer questions from the parties and the
				hearing officer.
(d) The hearing
				officer shall be asked by the party offering an exhibit to accept the exhibit
				into evidence. The hearing officer may be asked to consider all exhibits
				introduced by a witness at the conclusion of that witness's testimony or at the
				conclusion of that party's case in chief.
(e) The stenographer shall retain on copy of
				all exhibits that are admitted and shall make them a part of the
				record.
(4) The hearing
				officer shall consider and give appropriate weight to all relevant and material
				evidence admitted in rendering a final decision on the merits of a
				matter.