Hearing Location, Time And Place, Notice Of Hearing

A. Location. (1) In the absence of any statutory requirements to the contrary, all hearings conducted by OSI shall occur in Santa Fe, unless the hearing officer orders the parties to appear at another location in New Mexico. (2) The parties may express a mutual preference for location of the hearing in their request for hearing. (3) In selecting a location other than Santa Fe, the hearing officer shall consider and give weight to the location and wishes of the parties, witnesses, access for a hearing officer with expertise in the matter, and the scheduling and staffing needs of OSI. (4) If selection of a location other than Santa Fe would cause an unreasonable, undue burden to any party, that party may file a written objection to the selected location within 10 days of issuance of the notice of hearing, articulating the reasons supporting the objection. The hearing officer shall promptly review the objection and, upon a showing of an unreasonable, undue burden, may move the hearing to another more reasonable location and the superintendent may designate another hearing officer if necessary. B. Notice. OSI shall notify the parties to the hearing of the date, time and, place scheduled for the hearing at least fourteen days before the scheduled hearing. This notice shall be directed to the party’s attorney, or to the last known address of any unrepresented party. Notice will be sent by US mail unless the parties have requested an alternate method of notification that is acceptable to OSI. [13.1.5.13 NMAC - N, 7/1/2019] 13.1.5 NMAC 5 13.1.5.14 TELEPHONIC, VIDEOCONFERENCE AND OTHER EQUIVALENT ELECTRONIC METHOD HEARINGS: A. If not otherwise prohibited by statute, rule, or court ruling, the hearing officer may conduct the hearing in person or by telephone, videoconference, or other equivalent electronic method. The hearing officer shall cause a stenographic or audio recording to be made of all proceedings involving the presentation of evidence, points, authorities or argument pertaining to the merits of the matter before the hearing officer. B. If the hearing is to be conducted by telephone, videoconference or other equivalent electronic method, the notice shall so inform the parties. Either party may file a written objection to conducting the hearing by telephone, videoconference, or other equivalent electronic method within 10 days of the notice of hearing. Failure to timely object to the conduct of a hearing by telephone, videoconference, or other equivalent electronic method constitutes consent to the hearing proceeding in that manner and waiver of any other applicable statutory in county hearing requirement. C. Upon receipt of a timely objection, the hearing officer shall consider the applicable legal requirements; the location of the parties and witnesses; the complexity of the particular matter; the availability of necessary electronic equipment for conduct of a full and fair hearing by telephone, videoconference, or other equivalent electronic method; and the basis of the objection in determining whether the hearing should occur at a specific location rather than by telephone, videoconference, or other equivalent electronic method. D. Provided that the requesting party has not previously demanded an in-person hearing or otherwise objected to conducting the matter by telephone, videoconference, or other equivalent electronic methods, any party may request to appear directly or have a witness on their behalf appear by telephone, videoconference, or alternative electronic means by filing a request at least three business days before the scheduled hearing. The filing of a request to appear by telephone, videoconference, or other alternative electronic method shall be deemed as a total and complete waiver of any in-person hearing right, and deemed as consent for all parties, all witnesses, and the hearing officer to appear by telephone, videoconference, or other equivalent electronic methods. E. All parties appearing by telephone, videoconference, or other electronic method shall provide the hearing officer with a working email address or facsimile number for the exchange of all documentary evidence before or during the hearing. F. Failure to follow the hearings officer’s instructions for participating in the hearing by telephone, videoconference, or other equivalent electronic method will be treated as a non-appearance at the hearing. G. Any technical issues shall be promptly reported to the hearing officer. H. In the event that technical or other computer problems prevent a hearing by videoconference or other electronic method from occurring or otherwise interferes with maintaining or developing a complete record at the hearing, the parties agree and consent that the assigned hearing officer may continue the matter to a different time before expiration of the statutory deadline, may order the parties to appear for an in-person hearing, or may conduct the remaining portion of the hearing by telephone. I. If the assigned hearing officer determines during the course of the hearing, either sua sponte or upon argument of a party, that an in-person hearing is necessary to adequately complete the record, address credibility issues, or is otherwise necessary to ensure a full or fair hearing process, the hearing officer may recess a hearing occurring by telephone, videoconference, or other equivalent electronic method and reconvene the proceeding as an in-person hearing.