1.7.12.25 WORKERS' COMPENSATION JUDGES:

1. A. The board's duly appointed hearing officer shall hear all complaints filed in accordance with the provisions of NMSA 1978, Section 52-5-2(C).
2. B. Whenever some action is required to be taken within a certain number of calendar days, the hearing officer may extend the time for a reasonable period.
3. C. Upon receipt of a complaint, the hearing officer shall serve a copy of the complaint on the judge by certified mail.
4. D. Within 14 calendar days after service of a complaint, the judge shall file an answer with the hearing officer. The facts alleged in the complaint may be deemed admitted if not specifically denied by answer or if no answer is filed within the prescribed time.
5. E. Upon the filing of an answer or upon the expiration of the time for its filing, the hearing officer shall issue an order directing the parties to submit a stipulated pre-hearing order for the hearing officer's approval and signature, which shall contain at least: a statement of any contested facts and issues; stipulation of those matters not in dispute; the identity of all witnesses to be called and a brief summary of their testimony; a list of exhibits; and requests for subpoenas.
6. F. The hearing officer has the power to subpoena witnesses, compel their attendance, and require the production of any books, records, documents or other evidence the hearing officer may deem relevant or material.

7. G. The Hearing:

   (1) The hearing officer shall receive evidence admissible under the rules of evidence, that govern proceedings in the courts of the state of New Mexico and oral evidence shall be taken only under oath or affirmation.

   (2) The hearing officer shall make procedural rulings.

   (3) The formal hearing shall be open unless the hearing officer, for compelling reasons, determines otherwise. Reasons for closing the hearing shall be stated in the record.

   (4) A judge shall have the right and reasonable opportunity to defend against the charges by the introduction of evidence, to be represented by counsel and to examine and cross-examine witnesses.

   (5) The hearing shall be recorded by a sound recording device under the supervision of the hearing officer.

8. H. The hearing officer may require post-hearing briefs and proposed findings.
9. I. The hearing officer shall, within a reasonable time, prepare and submit to the parties a report which shall contain a brief statement of the proceedings and the answer thereto, if any; a summary of the evidence; and findings with respect to the allegations.
10. J. Within 14 calendar days of receipt of the hearing officer's report, the parties may file objections to the hearing officer's report, setting forth all objections to the report and all reasons in opposition to the findings.

11. K. The board shall consider the report of the hearing officer and the record made before the hearing officer and in connection therewith make its findings as to whether there was a violation of the code of judicial conduct and transmit its findings to the director of the workers' compensation administration.

    HISTORY OF 1.7.12 NMAC:

    Pre-NMAC History:

    Material in this part was derived from that previously filed with the commission of public records - state records center and archives as:

    SPB Rule 15, Appeals and Hearings, filed 05-22-80;

    SPB Rule 15, Appeals and Hearings, filed 10-21-82;

    SPB Rule-19, Hearings, filed 04-04-90;

    SPB Rule-19, Hearings, filed 12-24-91;

    SPB 18, Adjudication, filed 12-15-92;

    SPB 18, Adjudication, filed 12-29-94;

    SPB 18, Adjudication, filed 11-17-95.

    History of Repealed Material:

    1 NMAC 7.12, Adjudication, filed 06-13-97.

    Other History:

    1 NMAC 7.17, Adjudication, filed 01-12-96 replaced SPB 18, filed 11-17-95;

    1 NMAC 7.17, Adjudication, filed 05-02-96;

    1 NMAC 7.12, Adjudication, filed 06-13-97 replaced 1 NMAC 7.17, filed 05-02-96;

    1 NMAC 7.12, Adjudication, filed 06-13-97 replaced by 1.7.11 NMAC, Discipline, effective 07/07/01.

[1.7.12.25 NMAC - Rn, 1.7.12.24 NMAC, 7-15-05]