Section 26. Conduct Of The Hearing

A. Public: all hearings shall be open to the public, unless a closed hearing is asked for by the person requesting the hearing and the hearing officer finds good cause exists for closing the hearing. The authority shall not request a closed hearing. B. Powers of hearing officer: the hearing officer shall have all the powers necessary to conduct a hearing and to take all necessary action to avoid delay, maintain order, and assure development of a clear and complete record, including but not limited to the power to: administer oaths or affirmations on the request of any party; schedule continuances; examine witnesses and direct witnesses to testify; limit repetitious and cumulative testimony; and set reasonable limits on the amount of time a witness may testify; decide objections to the admissibility of evidence or receive the evidence subject to later ruling; receive offers of proof for the record; direct parties to appear and confer for the settlement or simplification of issues, and to otherwise conduct prehearing conferences; dispose of procedural requests or similar matters; and, enter findings of fact, conclusions of law, orders, and reports and recommendations. [8.370.2.26 NMAC - N, 7/1/2024] 8.370.2.27 ORDER OF PRESENTATION; GENERAL RULE: Except as specifically provided in the following section, the order of presentation for hearings in all cases, including but not limited to those arising from suspension, revocation, denial of renewal of license, intermediate sanctions, civil monetary penalties, emergency suspension, emergency intermediate sanctions shall be: A. appearances: opening of proceeding and taking of appearances by the hearing officer; B. pending matters: disposition by the hearing officer of preliminary and pending matters; C. opening statements: the opening statement of the authority; and then the opening statement of the licensee or the party challenging the authority's action; D gency suspension, emergency intermediate sanctions shall be: A. appearances: opening of proceeding and taking of appearances by the hearing officer; B. pending matters: disposition by the hearing officer of preliminary and pending matters; C. opening statements: the opening statement of the authority; and then the opening statement of the licensee or the party challenging the authority's action; D. cases: the authority's case-in-chief; and then the case-in-chief of the licensee or the party challenging the authority's action; E. rebuttal: the authority's case-in-rebuttal; F. closing argument: the authority's closing statement, which may include legal argument; and then the closing statement, which may include legal argument of the licensee or the party challenging the authority's action; and G. close: closing of proceedings by the hearing officer. 8.370.2 NMAC 7 [8.370.2.27 NMAC - N, 7/1/2024] 8.370.2.28 ORDER OF PRESENTATION; SPECIAL CASES RULE: The order of presentation in denial of an initial annual license and cease and desist order cases is: A. appearances: opening of proceeding and taking of appearances by the hearing officer; B. pending matters: disposition by the hearing officer of preliminary and pending matters; C. opening statements: applicant's or recipient's opening statement; and then the opening statement of the licensing authority; D. cases: the applicant's or recipient's case-in-chief; and then the licensing authority's case-in-chief; E. rebuttal: the applicant's/prospective licensee's or recipient's case-in-rebuttal; F. closing argument: the applicant's/prospective licensee's or recipient's closing statement, which may include legal argument; and then the licensing authority's closing statement, which may include legal argument; and G. close: closing of proceedings by the hearing officer.