New Mexico Administrative Code

A. Content: The request for hearing, in a case initiated by a petition for modification of abatement period, shall state that the case has not been settled during the informal administrative review, and shall request that a hearing be scheduled on the petition for modification of…

A. When filed: (1) In a case initiated by notice of contest, the respondent's answer shall be filed within fifteen (15) days after the respondent's receipt of the administrative complaint. (2) In a case initiated by a petition for modification of abatement period, each respondent…

January 1, 1996 [unless a later date is cited at the end of a section]

[see Sections 11.5.5.501 NMAC - 11.5.5.503 NMAC]

A. General: All motions, except those made orally during a hearing, shall: (1) be in writing; (2) specify the grounds for the motion; (3) state the relief or order sought; and (4) if the motion requires consideration of facts not already in the record, have attached as exhibits a…

A. Intervention as of right: (1) In any case, whether initiated by a notice of contest or a petition for modification of abatement period, any affected employee or representative of affected employees may intervene as of right by filing a notice of intervention, in the format ill…

A. Settlement encouraged: Settlement upon terms that are consistent with the provisions of the Act is encouraged at any stage of the proceedings. B. Content of settlement agreement: Every proposed settlement agreement shall: (1) state how each contested item of every citation in …

To establish procedures for the conduct of proceedings before the occupational health and safety review commission.

[see Sections 11.5.5.601 NMAC - 11.5.5.608 NMAC]

A. Timing of discovery: Unless otherwise ordered by the hearing officer pursuant to Section 607 [now 11.5.5.607 NMAC], no discovery shall be allowed until after conclusion of the informal administrative review. B. Filing not required; service and notice: Except as otherwise provi…

A. Definition: As used in this Section, "witness" means any person known or reasonably believed to have first-hand knowledge of the facts or circumstances of any matter relevant to any issue in a proceeding under this Part, whether or not any party intends to call such person to …

A. Definition: As used in this Section, "document" includes writings, drawings, graphs, charts, photographs, audio recordings and other data compilations from which information can be obtained, and if necessary, translated through detection devices into reasonably usable form. In…

A. Request: At any time after docketing of the case, any party may serve upon any other party a written request for the admission of any relevant facts set forth in the request, including the genuineness of any document. Each fact as to which admission is requested shall be set f…

A. Request: Any party may serve upon any other party, without leave of the hearing officer, a single document containing no more that fifteen (15) written interrogatories. Each separately identified Subsection of any interrogatory shall be considered a separate interrogatory. Int…

A. Discovery depositions: Discovery depositions shall not be allowed except by order of the hearing officer pursuant to the provisions set forth in Section 607 [now 11.5.5.607 NMAC]. B. Depositions to preserve evidence: Any party may, for the purpose of preserving evidence, take …

A. Additional discovery not favored: Discovery not specifically provided for under this Part, including any discovery to be conducted prior to the conclusion of the informal administrative review, shall be permitted only upon determination by the hearing officer that: (1) such di…

A. Issuance: (1) The commission secretary shall, upon request by a party and without the necessity for notice to any other party, issue a subpoena requiring the attendance and testimony of any witness and the production of any evidence in the possession or under the control of th…

A. Terms defined in Act or in 11 NMAC 5.1.12. [now 11.5.1.7 NMAC] All terms defined in the Act or in 11 NMAC 5.1.12 [now 11.5.1.7 NMAC] and not otherwise defined in this Part have the same meanings given where defined. B. Other terms: Except as otherwise provided in this Part, th…

[see Sections 11.5.5.701 NMAC - 11.5.5.708 NMAC]

A. Time limitations: Hearings shall be scheduled within the following time limits: (1) Any hearing on a motion or settlement agreement shall be scheduled as promptly as feasible. (2) Any hearing on the merits shall be scheduled to commence on a date within thirty (30) days after …

A. General: (1) Except as provided in Paragraph 2 of this Subsection, the hearing officer may grant a continuance of any hearing upon motion of any party and for good cause. (2) In a case initiated by a notice of contest, no continuance that would result in the commencement of th…

At any time prior to a hearing on the merits, the hearing officer may, with or without motion by a party, order the parties to participate in a prehearing conference for the purpose of considering matters for simplification of the issues or expedition of the hearing.

A. Sanction: If a party fails to appear for a hearing, the commission or the hearing officer may impose such sanctions as the commission or hearing officer, as applicable, deems appropriate; provided, any such sanctions having the effect of ultimately disposing of the case may be…

A. New Mexico Rules of Evidence as general guidance: Except as otherwise provided in Subsection B of this Section, the New Mexico Rules of Evidence, SCRA 1986, 11-101 to 11-1102, shall be used as a general guide to the principles of evidence and may be used by the commission or h…

A. Case initiated by notice of contest: In proceedings commenced by the filing of a notice of contest, the department shall have the burden of establishing a prima facie case as to:(1) the existence and classification of each alleged violation; (2) the propriety of the proposed p…

A. General: Any objection with respect to the conduct of the hearing, including any objection to the introduction of evidence, may be stated orally or in writing, accompanied by a short statement of the grounds for the objection. All objections, and the hearing officer's rulings …

Unless otherwise ordered by the commission, a verbatim transcript of the hearing shall be made by a certified court reporter. The cost of transcription, including the cost of the commission's copies of the transcript, shall be paid by the commission. The cost of copies of the tra…

This Part shall be construed as amending and superseding the Rules of Procedure, OHSRC 93-1, filed November 15, 1993, as amended. Any reference to the occupational health and safety review commission's rules of procedure in any other rule shall be construed as a reference to this…

[see Sections 11.5.5.801 NMAC - 11.5.5.807 NMAC]

A. Filing: A copy the original of the transcript, duly certified by the reporter, shall be filed with the commission secretary as soon as practicable after conclusion of the hearing. B. Notice of transcript filing: Upon receipt of the transcript of proceedings, the commission sec…

Unless otherwise ordered by the hearing officer upon motion of a party, each party may file proposed findings of fact and conclusions of law, a closing brief, or both, within twenty (20) days after service of the notice of transcript filing.

A. General: A hearing may be reopened to permit the taking of additional evidence at any time prior to issuance of an order on any issue heard at the hearing, upon a finding by the commission or the hearing officer, as applicable: (1) as to any excluded evidence, whether or not i…

A. Form: All decisions on the merits shall be by written order signed by the commission members deciding the contest. The order shall set forth the facts necessary to an understanding of the case, the reasons for the decision, and the decision. B. Concurring or dissenting opinion…

A. Showing required: After final resolution, the commission shall not rehear the case unless the party requesting the rehearing demonstrates, to the satisfaction of the commission, that new evidence exists, that it was not, and could not have been, considered at the prior hearing…

A. Time for filing: Any motion for stay of an order shall be filed within fifteen (15) days after the order is filed. B. Showing required; granting of stay: No stay shall be granted from any final resolution unless the party requesting the stay demonstrates, to the satisfaction o…

A. How taken: Appeals from commission orders shall be as provided by statute. B. Preparation of record on appeal: (1) The commission secretary shall be responsible for preparation and certification of the record proper in accordance with applicable court rules regarding appeals f…

[see Sections 11.5.5.901 NMAC - 11.5.5.906 NMAC]

This Part shall be construed so as to accomplish the purpose of the Act.

Upon motion of a party and for good cause shown, the commission may waive any provision of this Part, provided that such waiver does not conflict with the Act nor affect any party's right to due process.

If any provisions or application of this Part is held invalid, the remainder of this Part, or its application to other persons or situations, shall not be affected.

No amendment to this Part shall apply to any case in which the notice of contest or the petition for modification of abatement period was filed prior to the effective date of such amendment.

[see Sections 11.5.5.1000 NMAC - 11.5.5.1018 NMAC]

New Mexico Environmental Improvement Board.

All convenience store employers and employees.

Unless otherwise provided, compliance with the sections of this part shall be achieved within sixty days of its effective date.

This regulation shall be liberally construed to carry out the purposes of the occupational health and safety regulations and the state act.

If any provision or application of this regulation is held invalid, the remainder, or its application to other situations or persons, shall not be affected.

Department representatives shall be responsible for the enforcement of this regulation.

Any reference to the Convenience Store regulations or 11.5.6 NMAC in any other rule shall be construed as a reference to this regulation.

Compliance with this regulation does not relieve a person from the obligation to comply with any other applicable federal, state, or local regulations.