Record Of Proceeding

A. The record of the proceeding shall include: (1) all pleadings, motions, and intermediate rulings; (2) evidence received or considered; (3) a statement of matters officially noticed; (4) questions and offers of proof, objections and rulings thereon; (5) proposed findings and conclusions; and (6) any action recommended by the hearing examiner. B. A party may request a transcription of the proceedings. The party requesting the transcript shall bear the cost of transcription. [12/31/98; 15.1.15.10 NMAC - Rn, 15 NMAC 1.15.10, 5/31/00; A, 5/14/04] 15.1.15.11 DISCOVERY; SUBPOENAS: A. The board may, subject to the rules of privilege and confidentiality recognized by law, require the furnishing of information, the attendance of witnesses, and the production of books, records, papers or other objects necessary and proper for the purposes before it, and may take the deposition of witnesses, including parties. B. The board may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence, including books, records, correspondence or documents, relating to any matter in question in the proceeding. Subpoenas to compel any person to appear at a deposition or at a hearing on the merits of the matter shall be served no later than 10 calendar days before the deposition or hearing unless good cause is shown by the party requesting the subpoena. C. The subpoena shall state with reasonable specificity the nature of the evidence required to be produced, the time and place of the hearing or deposition, the nature of the inquiry or investigation, and the consequences of failure to obey the subpoena. The subpoena shall be signed and attested to by the board or its designee. D. Witnesses summoned shall be paid the same fees for attendance and travel as in civil actions in the district court unless otherwise provided for by law. E. Any party to the proceeding may request issuance of a subpoena by the board in connection with the proceeding. The board shall issue the subpoena upon written application to the board. The subpoena shall show on its face the name and address of the party at whose request the subpoena was issued. F. Any witness summoned may petition the board to vacate or modify the subpoena served on the witness. The board shall give prompt notice to the party, if any, who requested service of the subpoena. The board may grant the petition in whole or in part if, after the investigation it deems appropriate, the board determines that: 15.1.15 NMAC 3 (1) the testimony or evidence to be produced does not reasonably relate to any matter in question; (2) the testimony or evidence to be produced is unreasonable or oppressive; (3) the subpoena was not issued a reasonable period of time in advance of the time when evidence is requested; or (4) any other reason justifies vacating or modifying the subpoena. G. In any administrative appeal, the appellant and the board may conduct discovery in accordance with the New Mexico rules of civil procedure for the district courts, except that interrogatories shall be limited in number to 20, including all subparts, unless, upon motion and for good cause shown, the hearing examiner grants a party leave to file additional interrogatories. [12/31/98; 15.1.15.11 NMAC - Rn, 15 NMAC 1.15.11, 5/31/00; A, 5/14/04] 15.1.15.12 PROCEDURES; EVIDENCE: A. Any party may be represented by a person licensed to practice law in the state. An individual appellant may represent himself. B. The rules of evidence as applied in the courts do not apply in these proceedings. Any relevant evidence may be admitted, and such evidence shall be sufficient in itself to support a finding if it is reliable, regardless of the existence of any statutory or common law rule that might make admission of such evidence improper in a civil action. Irrelevant, immaterial, or unduly repetitious evidence may be excluded at a party’s request or on the hearing examiner’s own initiative. C. Documentary evidence may be received in evidence in the form of true copies of the original. D. Documentary and other physical evidence may be authenticated or identified by any reasonable means that shows that the matter in question is what its proponent claims it to be. E. The experience, technical competence and specialized knowledge of the hearing examiner, the board, or its staff may be used in the evaluation of evidence. F. Evidence on which the board may base its decision is limited to the following: (1) all evidence, including any records, investigation reports, and documents in the board’s possession, of which it desires to avail itself as evidence in making a decision, that is offered and made a part of the record of the proceeding; (2) testimony and exhibits introduced by the parties; and (3) official notice of any fact of which judicial notice may be taken and other facts within the board’s specialized knowledge. Whenever the hearing examiner takes official notice of any fact, the noticed fact and its source must be stated at the earliest possible time before or during the hearing, and any party must be given, on timely request, an opportunity to show the contrary. G. The record will include all briefs, proposed findings and exceptions and must show the ruling on each finding, exception or conclusion presented. H. A party to a hearing shall submit to the hearing examiner and to all other parties to the hearing all documents to be introduced at the hearing no later than five days from the scheduled hearing date to insure that the hearing examiner and other parties receive the documents before the hearing.