Pursuant to Section 10-15-1 (C) NMSA 1978 and Section 61-6-3 NMSA, a board member may participate in a meeting of the board by means of a conference telephone or other similar communications equipment under the following conditions:

1. A. This part shall only apply when it is otherwise difficult or impossible for the member to attend the meeting in person.
2. B. Each member participating by conference telephone must be identified when speaking.
3. C. All participants must be able to hear each other at the same time.
4. D. Members of the public attending the meeting must be able to hear any member of the board who speaks during the meeting.
5. E. The member of the board participating by telephone can only vote on a matter if he/she has copies of the documents that are available to the members who are physically present.
6. F. The member participating by telephone cannot vote on any matter where the credibility of a witness who physically appears at the meeting is an issue that the board members must consider when voting on a pending matter.

[16.10.1.10 NMAC - Rp 16 NMAC 10.1.10, 7/15/01]