1. A. The commission may appoint a commissioner or a hearing examiner to preside over any matter before the commission, including rulemakings, adjudicatory hearings and administrative matters. Hearing examiners shall conduct proceedings and issue findings and recommendations based solely on the record and applicable law, free from improper influence, interference or pressure from any source within or outside the commission.
2. B. A hearing examiner shall provide the commission with a written recommendation on the matter assigned to the hearing examiner, including findings of fact and conclusions of law. A written recommendation shall be provided to the parties, and they may file exceptions to the written recommendation prior to the final decision of the commission.
3. C. When the commission has appointed a hearing examiner to preside over a matter, at least one member of the commission shall, at the request of a party to the proceedings, attend oral argument.

History: Laws 1998, ch. 108, § 14; 2003, ch. 346, § 2; 2013, ch. 74, § 3; § 8-8-14, recompiled as § 62-19-20 by Laws 2020, ch. 9, § 59; 2026, ch. 64, § 9.

ANNOTATIONS

Recompilations. — Laws 2020, ch. 9, § 59 recompiled former 8-8-14 NMSA 1978 as 62-19-20 NMSA 1978, effective January 1, 2023.

The 2026 amendment, effective May 20, 2026, required hearing officers to conduct proceedings and issue findings and recommendations based solely on the record and applicable law, and required hearing examiners to provide the commission with a written recommendation on matters assigned to them; in Subsection A, after "administrative matters" added the remainder of the subsection; and in Subsection B, substituted each occurrence of "recommended decision" with "written recommendation" throughout the subsection.

The 2013 amendment, effective March 29, 2013, deleted reference to the Insurance Code; and in Subsection B, deleted "Except as provided in the New Mexico Insurance Code".

The 2003 amendment, effective June 20, 2003, added Subsection C.