Section 28. Applicability Of Rules Of Civil Procedure And Rules Of Evidence

Although formal rules of civil procedure and evidence do not apply, the hearing officer may look to the New 8.11.5 NMAC 8 Mexico rules of civil procedure and the New Mexico rules of evidence for guidance during the course of the proceedings. In addition, the hearing officer’s recommended decision and the secretary’s final decision must be supported by a residuum of legally competent evidence as would support a verdict in a court of law.