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Current as of January 01, 2024 | Updated by Findlaw Staff
A. A commissioner or hearing examiner shall self recuse in any adjudicatory proceeding in which the commissioner or hearing examiner is unable to make a fair and impartial decision or in which there is reasonable doubt about whether the commissioner or hearing examiner can make a fair and impartial decision, including:
(1) when the commissioner or hearing examiner has a personal bias or prejudice concerning a party or its representative or has prejudged a disputed evidentiary fact involved in a proceeding prior to hearing. For the purposes of this paragraph, “personal bias or prejudice” means a predisposition toward a person based on a previous or ongoing relationship, including a professional, personal, familial or other intimate relationship, that renders the commissioner or hearing examiner unable to exercise the commissioner’s or hearing examiner’s functions impartially;
(2) when the commissioner or hearing examiner has a pecuniary interest in the outcome of the proceeding other than as a customer of a party;
(3) when in previous employment the commissioner or hearing examiner served as an attorney, adviser, consultant or witness in the matter in controversy; or
(4) when, as a nominee for appointment to the office of public regulation announced how the commissioner or hearing examiner would rule on the adjudicatory proceeding or a factual issue in the adjudicatory proceeding.
B. If a commissioner or hearing examiner fails to self recuse when it appears that grounds exist, a party shall promptly notify the commissioner or hearing examiner of the apparent grounds for recusal. If the commissioner or hearing examiner declines to self recuse upon request of a party, the commissioner or hearing examiner shall provide a full explanation in support of the refusal.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 62. Electric, Gas and Water Utilities § 62-19-7. Recusal of commissioner or hearing examiner - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-62-electric-gas-and-water-utilities/nm-st-sect-62-19-7/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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