Hearing Examiner Authority And Duties

A. Impartiality: A hearing examiner shall disqualify themselves from any case in which they have a personal stake, relationship or prior involvement in the underlying dispute, or when their impartiality is reasonably questioned. B. Fairness: A hearing examiner shall ensure parties are provided an opportunity to: (1) present their position and testimony; (2) present witnesses to provide relevant information; (3) submit evidence to establish all pertinent facts; (4) advance arguments without undue interference; (5) challenge evidence and cross examine witnesses. C. Duties: The hearing examiner shall: (1) provide an explanation to participants as to how the hearing will be conducted; (2) ensure that witnesses are administered oaths and affirmations; (3) issue subpoenas upon proper application and form to compel the attendance of witnesses or the production of specific records; (4) request, receive, and make part of the record all evidence considered necessary to decide the issues raised; (5) allow parties to state any timely objections for the record; (6) direct and regulate the procedural process to ensure the orderly conduct of participants; (7) question any witness in order to fully develop the record and to clarify testimony; 18.9.1 NMAC 4 (8) produce and file a recommended decision for review that clearly identifies proposed findings of fact and conclusions of law; (9) allow, consider and file a response to any timely submitted party exceptions to the recommended decision; and (10) take such other actions as may be reasonable and necessary in the discharge of their duties.