Rulemaking hearings shall be conducted as follows.

1. A. The rules of civil procedure and the rules of evidence shall not apply.

2. B. Unless the circumstances otherwise justify the order of appearance will be as follows:

   1. (1) comments of department staff;
   2. (2) comments of each proponent;
   3. (3) comments of each opponent; and
   4. (4) comments from the general public.
3. C. Comments from any individual who provides public comment at the hearing may be questioned by the agency or hearing officer or, at the discretion of the agency or hearing officer, or as otherwise provided by law, by other persons at the hearing.
4. D. Public hearings shall be conducted in a fair and equitable manner.
5. E. Public hearings shall be open to the public and recorded.

[21.1.1.10 NMAC, Rp. 21.1.1.9 NMAC, 11/01/2018; A, 12/01/2022]