1. A. Impartiality: A hearing examiner shall disqualify themselves from any case in which they have a personal stake, relationship or prior involvement in the underlying dispute, or when their impartiality is reasonably questioned.

2. B. Fairness: A hearing examiner shall ensure parties are provided an opportunity to:

   1. (1) present their position and testimony;
   2. (2) present witnesses to provide relevant information;
   3. (3) submit evidence to establish all pertinent facts;
   4. (4) advance arguments without undue interference;
   5. (5) challenge evidence and cross examine witnesses.

3. C. Duties: The hearing examiner shall:

   1. (1) provide an explanation to participants as to how the hearing will be conducted;
4. (2) ensure that witnesses are administered oaths and affirmations;

5. (3) issue subpoenas upon proper application and form to compel the attendance of witnesses or the production of specific records;

   1. (4) request, receive, and make part of the record all evidence considered necessary to decide the issues raised;
   2. (5) allow parties to state any timely objections for the record;
   3. (6) direct and regulate the procedural process to ensure the orderly conduct of participants;
   4. (7) question any witness in order to fully develop the record and to clarify testimony;
   5. (8) produce and file a recommended decision for review that clearly identifies proposed findings of fact and conclusions of law;
   6. (9) allow, consider and file a response to any timely submitted party exceptions to the recommended decision; and
   7. (10) take such other actions as may be reasonable and necessary in the discharge of their duties.

[18.9.1.11 NMAC - N, 7/1/2024]