N.M. Code R. § 9.2.22.18 - EVIDENCE AND CONDUCT OF HEARING
A. Hearings will be conducted as follows:
(1) all hearings will be open to the public,
unless closing a hearing is necessary to protect the privacy of any person who
is entitled to privacy protection under federal or state law;
(2) only relevant and material evidence is
admissible at hearings. Evidence will be allowed if it is of a type commonly
relied upon by reasonably prudent persons in the conduct of serious
affairs;
(3) redundant evidence
will be excluded;
(4) witnesses
shall be examined orally, under oath or affirmation. The parties and the
hearing officer shall have the right to cross-examine witnesses; and
(5) the hearing officer may take official
notice of any matter that is among the traditional matters of official or
administrative notice, and may take official notice of any matter that is
within the department's specialized knowledge. The hearing officer shall inform
the parties of any matters officially noticed, and shall afford the parties an
opportunity to contest any such matters.
B. The burden of persuasion at the hearing
shall be on the state long-term care ombudsman, which must prove its case by a
preponderance of the evidence unless the case involves allegations of fraud. In
cases involving allegations of fraud, the state long-term care ombudsman must
prove its case by clear and convincing evidence.
C. At the hearing, the state long-term care
ombudsman shall present its evidence first. If the assessed party wishes to
present evidence, it shall proceed second. Thereafter, only the state long-term
care ombudsman may present rebuttal evidence. Rebuttal evidence shall be
confined to the issues raised in the assessed party's presentation of evidence.
Each party will be given an opportunity to offer a final oral or written
argument without additional presentation of evidence.
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