N.M. Code R. § 9.2.22.13 - POWERS AND DUTIES OF THE HEARING OFFICER
The hearing officer shall have the authority to:
A. preside over hearings;
B. assure that hearings are properly
recorded;
C. administer oaths and
affirmations to the witnesses;
D.
issue subpoenas and subpoenas duces tecum;
E. establish procedural schedules;
F. rule on motions and procedural
requests;
G. require parties to
attend hearings, pre-hearing conferences and settlement conferences;
H. require parties to produce for examination
information or witnesses under their control;
I. require parties to express their positions
on any issues in the proceedings;
J. require parties to submit legal briefs on
any issues in the proceedings;
K.
examine witnesses, and permit parties to examine witnesses;
L. determine the admissibility of
evidence;
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;
N. recess any hearing from time to
time;
O. regulate the course of the
proceedings and the conduct of any participants;
P. take any action reasonably necessary to
compel discovery or control the conduct of parties or witnesses;
Q. issue a recommended decision on the merits
of a case, including findings of fact and conclusions of law;
R. approve settlements or other pre-hearing
or post-hearing dispositions of cases by the parties, subject to final approval
by the secretary; and
S. take any
other action reasonably necessary to conclude the proceedings in a timely and
fair manner.
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