N.M. Code R. § 11.5.5.704 – Failure to Appear

A. Sanction: If a party fails to appear for a hearing, the commission or the hearing officer may impose such sanctions as the commission or hearing officer, as applicable, deems appropriate; provided, any such sanctions having the effect of ultimately disposing of the case may be imposed only by the commission.
B. Setting aside of sanction: The commission or hearing officer, as applicable, shall set aside any sanctions imposed pursuant to Subsection A of this Section only upon motion of the party failing to appear and a showing that:
(1) the party did not receive the notice of hearing; or
(2) the party’s failure to appear was not reasonably avoidable.
[9/30/76, 4/25/78, 1/1/83, 1/1/84, 1/1/94, 1/1/96; Recompiled 11/30/01]