N.M. Code R. § 20.1.4.500 – Post Hearing Procedures

A. Filing the Transcript: The hearing shall be transcribed or tape-recorded verbatim. If the hearing is transcribed, the Hearing Clerk shall promptly notify all parties of the availability of the transcript. Any person desiring a copy of the transcript shall order a copy from the court reporter at his or her own expense. Any person desiring a copy of the hearing tapes shall arrange copying with the Hearing Clerk at his or her own expense.
B. Proposed Findings and Conclusions and Closing Argument: Unless otherwise ordered by the Hearing Officer, any party may submit proposed findings of fact, conclusions of law, and closing argument within thirty (30) days after filing of the transcript. All submissions shall be in writing and shall contain adequate references to the Hearing Record and authorities relied upon. No new evidence shall be presented.
C. Hearing Officer’s Report:
(1) Deadline and Content: Unless otherwise provided by law or ordered by the Secretary, the Hearing Officer shall file a report within thirty (30) days after expiration of the period under Section 502 [Subsection B. of 20.1.4.500 NMAC]. The report shall contain the Hearing Officer's findings of fact, conclusions of law, recommended decision, and proposed final order.
(2) Comment on Hearing Officer’s Report: Unless otherwise ordered by the Secretary, a party may file comments on the Hearing Officer's Report, including argument for or against the Hearing Officer's Report or for or against modification of the Hearing Officer's Report, within fifteen (15) days after service of the Hearing Officer's Report. No new evidence shall be presented.
(3) Argument Before the Secretary: The Secretary may allow oral argument on the Hearing Officer's Report. A request for oral argument shall be filed no later than the expiration of the period under Section 503.B [Subparagraph (2) of this Section]. If oral argument is allowed, the Secretary shall notify the parties in writing regarding the time and place for oral] argument, after giving due consideration to the convenience of the parties and to the deadline for issuance of the final order specified in Section 504 [Paragraph D. of this Section].
D. Final Order By Secretary:
(1) Deadline: Unless otherwise provided by law or by order of the Secretary, the Secretary shall file a final order no later than thirty (30) days after the expiration of the applicable deadline in Section 503.
(2) Order: The Secretary may adopt, modify, or set aside the Hearing Officer's recommended decision, and shall set forth in the final order the reasons for the action taken.
(3) Notification of Final Order: The Hearing Clerk shall send a copy of the final order, by certified mail, to each party and to each person who submits a written request for notification of the final order.
E. Judicial Review: Judicial or administrative review of the final order shall be as provided by law. The filing of an appeal does not act as a stay of the final order, the permit, license, or variance, or any provision of the Act or the Regulations, unless otherwise ordered by the Secretary or the court, or provided by law.
F. Preparation of hearing Record: The Hearing Clerk shall prepare the Hearing Record for an appeal from the final order. Appellant shall make satisfactory arrangements for the preparation of the Hearing Record, including costs for copies or transcripts, with the Hearing Clerk.
[12/1/97; 20.1.4.500 NMAC – Rn, 20 NMAC 1.4.V.501 through 506, Recompiled 11/27/01]