The hearing officer shall have the authority to:

1. A. preside over hearings;
2. B. assure that hearings are properly recorded;
3. C. administer oaths and affirmations to the witnesses;
4. D. issue subpoenas and subpoenas duces tecum;
5. E. establish procedural schedules;
6. F. rule on motions and procedural requests;
7. G. require parties to attend hearings, pre-hearing conferences and settlement conferences;
8. H. require parties to produce for examination information or witnesses under their control;
9. I. require parties to express their positions on any issues in the proceedings;
10. J. require parties to submit legal briefs on any issues in the proceedings;
11. K. examine witnesses, and permit parties to examine witnesses;
12. L. determine the admissibility of evidence;
13. M. take official notice of any matter that is among the traditional matters of official or administrative notice in accordance with the terms of this rule;
14. N. recess any hearing from time to time;
15. O. regulate the course of the proceedings and the conduct of any participants;
16. P. take any action reasonably necessary to compel discovery or control the conduct of parties or witnesses;
17. Q. issue a recommended decision on the merits of a case, including findings of fact and conclusions of law;
18. R. approve settlements or other pre-hearing or post-hearing dispositions of cases by the parties, subject to final approval by the secretary; and
19. S. take any other action reasonably necessary to conclude the proceedings in a timely and fair manner.

[9.2.22.13 NMAC - N, 4/1/2004]