New Mexico § 72-2-12 - Hearing examiners

§ 72-2-12. Hearing examiners

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

state engineer by other statutes of the state of New Mexico, the state engineer is

hereby given the authority and power in formulating rules and regulations, subject

to the provisions of Section 5, in connection with hearings, or other proceedings

before him to provide for the appointment of one or more examiners to conduct hearings

with respect to matters properly coming before the state engineer and to make reports

and recommendations with respect thereto. The state engineer, subject to the provisions of Section 5, shall promulgate, print

and make available in the state engineer's office 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 state engineer to particular

issues or to the performance of particular actions. 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 acts

and to 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 proceedings to be made and shall make his report and recommendations

in connection therewith to the state engineer. The state engineer shall base his decision rendered in any matter heard by an examiner

upon the record made by or under the supervision of the examiner in connection with

such proceeding and the report and recommendation of the examiner; and his decision

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

state engineer. Persons appointed by the state engineer as hearing examiners shall be knowledgeable

in the water laws of this state, water engineering and administrative hearing procedures.