Rule 15-403. Hearings.

A. Purpose. A hearing panel may hold a hearing to enable it to make recommendations about an applicant’s qualifications, including character and fitness, and as specified in these rules. Hearings limited to requests for accommodations are addressed in Paragraph H. B. Hearing panel. The board chair, or its designee, may form a hearing panel consisting of at least three persons, at least one of whom must be a bar examiner. The board chair shall designate one member of the hearing panel to serve as the presiding hearing officer. C. Notice of hearing. If the board requires a hearing for an applicant, it shall give notice to the applicant at least thirty (30) days in advance of the proposed hearing date, or any shorter period of time as may be agreed by the board and the applicant, with copies of the notice sent to the hearing panel. The notice shall: (1) describe the subject matter of the hearing, including the items with which the board is concerned and which may lead to denial of a license to practice law; (2) give the date, time, place, and method of the hearing; (3) inform the applicant of the applicant’s duty to cooperate, and to appear and participate in the hearing; (4) inform the applicant that the hearing is confidential with no observers permitted, but the applicant may elect to have legal counsel for the hearing; and (5) inform the applicant that the hearing panel is obligated to reach a decision based on the information presented in the hearing and that the applicant bears the burden of proof. D. Representation. The board and applicant may be represented by counsel at the hearing and in any pre- or post-hearing proceedings. E. Subpoenas; oaths. The hearing panel shall have subpoena power to compel live or deposition testimony of witnesses, and the production of books, papers, and documents. The board or applicant may present a subpoena to the presiding hearing officer for issuance. The party requesting the subpoena shall be responsible for serving the subpoena. Any member of the board may administer oaths and affirmations related to the hearing. F. Hearing procedure and evidence. The following procedures shall apply in a hearing held under these rules. (1) Burden of proof. The applicant bears the burden of proof on the applicant’s qualifications for a license to practice law, and shall put forth evidence of the applicant’s qualifications so as to address the items listed in the notice of hearing. (2) Conduct of hearing. The parties or their counsel may make opening arguments, present relevant evidence and witness testimony, cross-examine adverse witnesses, and make closing arguments. The hearing panel may request the parties submit proposed findings of fact and conclusions in advance of, or at the conclusion of, the hearing. (3) Exclusion of evidence. Strict adherence to the Rules of Evidence is not required; however, irrelevant, immaterial, unduly repetitious and unduly prejudicial evidence shall be excluded. (4) Judicial notice. Official notice may be taken of all facts of which judicial notice may be taken under the Rules of Evidence. (5) Evidentiary rulings. Rulings on evidence shall be made by the presiding officer. (6) Pre-hearing rulings. Rulings on any pre-hearing motions shall be made by the presiding officer. (7) Exclusion of witnesses. The hearing panel may exclude witnesses from the hearing at the request of either party. (8) Record. A complete record of the hearing shall be made by a court reporter or court monitor. G. Conclusion of hearing. After a hearing, the hearing panel shall issue findings of fact and conclusions in which it determines: (1) the applicant is qualified and recommends the applicant be issued a license; (2) the applicant is not qualified and recommends the applicant be denied a license; (3) the applicant is qualified, but recommends the applicant only be conditionally admitted, along with the proposed conditions for admittance; or (4) as otherwise appropriate for the matter being heard. The board shall then act on the panel’s recommendations. H. Procedure for hearings on denial of request for accommodation. An applicant who is adversely affected by the board’s denial or modification of a request for accommodation under Rule 15-501(D)(4) NMRA shall, within five (5) business days of receiving the board’s denial or modification letter, request a hearing by submitting a written request for a hearing to the board. The board chair or designee shall serve as a hearing officer, and schedule and hold an expedited hearing on the request, providing notice to the applicant at least five (5) business days before the hearing, unless otherwise agreed. Within five (5) business days after conclusion of the hearing, the hearing officer shall prepare written findings of fact and conclusions on the request for accommodations and send notice of same to the applicant.