New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 6 - IMPLIED CONSENT ACT LICENSE REVOCATION HEARINGS › Section 22.600.6.10 - TIME AND PLACE OF IMPLIED CONSENT ACT HEARING - HEARINGS IN PERSON OR BY TELEPHONIC, VIDEOCONFERENCE, AND ELECTRONIC HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The administrative hearings office will
				notify the driver or driver's counsel by certified mail of the date, time and
				place scheduled for the hearing. This notice will be directed to the address
				listed on the request for a hearing or, if no return address is indicated, to
				the address last given by the driver to MVD pursuant to Section
				66-5-22
				NMSA 1978 or to the address provided by driver's counsel in the entry of
				appearance. Such notice of hearing will be sent a minimum of seven calendar
				days before the scheduled hearing consistent with Section
				66-2-11 NMSA
				1978. A driver, or their representative, has a continuing, ongoing obligation
				through final issuance of a decision and order resolving the case to provide
				the administrative hearings office with any change of address
				information.
B. The hearing shall
				be held in the county in which the offense for which the person was arrested
				took place unless driver or driver's designated representative either consents
				to or requests to appear by telephone, videoconference or other equivalent
				electronic method.
C. The hearing
				officer may conduct the hearing in person or with consent by telephone,
				videoconference or other equivalent electronic method. If the hearing is to be
				conducted by telephone, videoconference or other equivalent electronic method,
				the notice shall so inform the driver or the driver's representative and
				provide no less than ten days for the driver or the driver's representative to
				object to the hearing being conducted in that manner. Failure to timely object
				to the conduct of a telephone, videoconference, or other equivalent electronic
				method hearing within the time frame specified by the notice shall be deemed
				consent to the hearing proceeding in that manner and waiver of any other
				applicable statutory in county hearing requirement.
D. Provided that the driver or driver's
				representative has not previously demanded an in-person hearing or otherwise
				objected to conducting the matter via telephone, videoconference, or other
				equivalent electronic method, a driver, a driver's representative, MVD's
				attorney, or any MVD witness may request to appear via telephone,
				videoconference, or alternative electronic means by filing a request at least
				three business days before the scheduled hearing, absent an extraordinary,
				unforeseen circumstance. The driver's or driver's representative filing of a
				request to appear via telephone, videoconference, or other alternative
				electronic method shall be deemed as a total and complete waiver of the
				in-person, in-county hearing requirement and further deemed as consent for all
				parties, all witnesses, and the hearing officer to appear at the hearing via
				telephone, videoconference, or other equivalent electronic methods or no such
				request will be granted. The assigned hearing officer, the chief hearing
				officer, or designated scheduling unit employee may grant or deny the request
				after considering whether a complete and accurate record can be made and a fair
				hearing can be conducted in the matter via telephone, videoconference or other
				equivalent electronic method. Even if the initial request is granted, the
				assigned hearing officer always retains the discretion at any point in the
				proceeding to order the appearance of the parties or witnesses in person if, in
				the hearing officer's determination, resolution of the disputed facts,
				evidence, credibility of a witness, law, and or development of a complete and
				accurate record requires it.
E. All
				parties appearing via telephone, videoconference, or other electronic method
				shall provide the administrative hearings office with a working email address
				or facsimile number for the exchange of all documentary evidence before or
				during the hearing. Any other tangible exhibit introduced into the record at a
				remote hearing will be submitted for the record in accord with the order of the
				presiding hearing officer.
F.
				Failure to follow the administrative hearings office'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 administrative hearings officer in accord
				with the instructions included on the notice of hearing.
H. In the event that technical or other
				equipment problems prevent the telephone or videoconference hearing from
				occurring or otherwise interferes with maintaining or developing a complete
				record at the hearing, the parties agree and consent that the assigned hearing
				officer at their discretion 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 hearing via another equivalent electronic
				method.