1. A. In an adjudicatory proceeding, except for filed pleadings, at no time after a party files an application for hearing shall a party, interested participant or participant’s representative advocate a position with respect to the issues the application involves to a commissioner or the division examiner appointed to hear the case unless the other parties of record to the proceedings have an opportunity to be present.
2. B. The prohibition in Subsection A of 19.15.4.26 NMAC, above, does not apply to those applications that the applicant believes are unopposed. However, in the event that a party files an objection in a case previously believed to be unopposed, the prohibition in Subsection A of 19.15.4.26 NMAC, above, is immediately applicable.

3. C. This provision does not prohibit communications between the division’s attorney or other division staff and the director that are essential to a case’s management.

   HISTORY of 19.15.4 NMAC:

   History of Repealed Material: 19.15.14 NMAC, Procedure (filed 09/16/2005) repealed 12/1/2008.

   NMAC History:

   Those applicable portions of 19.15.14 NMAC, Procedure (Sections 1-6, 1206 - 1224) (filed 09/16/2005) were replaced by 19.15.4 NMAC, Adjudication, effective 12/1/2008.

[19.15.4.26 NMAC - Rp, 19.15.14.1224 NMAC, 12/1/2008]