New Mexico § 70-2-13 - Additional powers of commission or division; hearings before examiner; hearings de novo

§ 70-2-13. Additional powers of commission or division; hearings before examiner; hearings de novo

In addition to the powers and authority, either express or implied, granted to the

oil conservation commission or division by virtue of the statutes of the state of

New Mexico, the division is hereby authorized and empowered in prescribing its rules

of order or procedure in connection with hearings or other proceedings before the

division to provide for the appointment of one or more examiners to be members of

the staff of the division to conduct hearings with respect to matters properly coming

before the division and to make reports and recommendations to the director of the

division with respect thereto. Any member of the commission or the director of the division or his authorized representative

may serve as an examiner as provided herein. The division shall promulgate rules and regulations with regard to hearings to be

conducted before examiners, and the powers and duties of the examiners in any particular

case may be limited by order of the division to particular issues or to the performance

of particular acts. In the absence of any limiting order, an examiner appointed to hear any particular

case shall have the power to regulate all proceedings before him and to perform all

acts and take all measures necessary or proper for the efficient and orderly conduct

of such hearing, including the swearing of witnesses, receiving of testimony and exhibits

offered in evidence subject to such objections as may be imposed, and shall cause

a complete record of the proceeding to be made and transcribed and shall certify the

same to the director of the division for consideration together with the report of

the examiner and his recommendations in connection therewith. The director of the division shall base the decision rendered in any matter or proceeding

heard by an examiner upon the transcript of testimony and record made by or under

the supervision of the examiner in connection with such proceeding, and such decision

shall have the same force and effect as if the hearing had been conducted before the

director of the division. When any matter or proceeding is referred to an examiner and a decision is rendered

thereon, any party of record adversely affected shall have the right to have the matter

heard de novo before the commission upon application filed with the division within

thirty days from the time any such decision is rendered.