1. A. Following receipt of the acceptable contest petition, the commissioner shall, by order, appoint a hearing officer to preside over the administrative hearing. As soon as practicable, the hearing officer shall issue a scheduling order. In the commissioner’s discretion, the commissioner may appoint a designated person from within the state land office who has not participated in the agency determination.
2. B. The commissioner’s appointment of a hearing officer shall constitute a delegation of the commissioner’s statutory powers under Section 19-7-65 NMSA 1978 and of the commissioner’s constitutional and inherent power to control the conduct of administrative proceedings under the commissioner’s jurisdiction.
3. C. Ex parte communication with the hearing officer is strictly prohibited.

[19.2.15.11 NMAC - N, 6/30/2004; A, 6/11/2019]