A. The commission may appoint a commissioner or a hearing examiner to preside over any matter before the commission, including rulemakings, adjudicatory hearings and administrative matters.
B. A hearing examiner shall provide the commission with a recommended decision on the matter assigned to the hearing examiner, including findings of fact and conclusions of law. The recommended decision shall be provided to the parties, and they may file exceptions to the decision prior to the final decision of the commission.
C. When the commission has appointed a hearing examiner to preside over a matter, at least one member of the commission shall, at the request of a party to the proceedings, attend oral argument.
History: Laws 1998, ch. 108, § 14; 2003, ch. 346, § 2; 2013, ch. 74, § 3.
ANNOTATIONSCompiler's notes. — Laws 2020, ch. 9, § 59 recompiled former 8-8-14 NMSA 1978 as part of Chapter 62, Article 19 NMSA 1978, effective January 1, 2023, contingent upon certification by the secretary of state that the constitution of New Mexico has been amended as proposed by a joint resolution of the first session of the fifty-fourth legislature (Laws 2019, SJC/SRC/SJR Nos. 1 and 4, CA #1) at the general election to be held on November 3, 2020. See 62-19-20 NMSA 1978.
The 2013 amendment, effective March 29, 2013, deleted reference to the Insurance Code; and in Subsection B, deleted "Except as provided in the New Mexico Insurance Code".
The 2003 amendment, effective June 20, 2003, added Subsection C.