SENATE BILL 67
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
John C. Ryan
AN ACT
RELATING TO EXECUTIVE ORGANIZATION; ENACTING THE ADMINISTRATIVE HEARINGS ACT; CREATING THE ADMINISTRATIVE HEARINGS OFFICE; PROVIDING POWERS AND DUTIES; PRESCRIBING QUALIFICATIONS FOR THE CHIEF HEARING OFFICER AND HEARING OFFICERS; CONSOLIDATING HEARING OFFICERS FROM ALL DEPARTMENTS AND OTHER STATE AGENCIES; PROVIDING FOR THE TRANSFER OF FUNCTIONS, PERSONNEL, MONEY, APPROPRIATIONS, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. SHORT TITLE.--This act may be cited as the "Administrative Hearings Act".
SECTION 2. PURPOSE.--The purpose of the Administrative Hearings Act is to consolidate under one administrative hearings office the hearing officers and hearing functions of all state agencies.
SECTION 3. DEFINITIONS.--As used in the Administrative Hearings Act:
A. "agency" means any agency, board, commission, department, institution or officer of the state government except the judicial and legislative branches of the state government;
B. "chief" means the chief hearing officer; and
C. "office" means the administrative hearings office.
SECTION 4. ADMINISTRATIVE HEARINGS OFFICE--CREATED--ADMINISTRATIVE ATTACHMENT--CHIEF AND HEARING OFFICERS--APPOINTMENT--QUALIFICATIONS--OATH OF OFFICE--FULL-TIME EMPLOYMENT.--
A. The "administrative hearings office" is created and is administratively attached to the general services department.
B. The head of the office is the "chief hearing officer". By August 1, 2011, the governor shall appoint an interim chief from among current hearing officers who are licensed to practice law in New Mexico. Beginning July 1, 2012 and thereafter, the chief shall be appointed by the governor, with the advice and consent of the senate, for a six-year term. A chief may serve more than one term.
C. The chief may be removed only for malfeasance, misfeasance or neglect of duty. If a vacancy occurs in the position of chief, it shall be filled by appointment by the governor for the remainder of the unexpired term.
D. Except for the interim chief, at the time of appointment, the chief shall have been admitted to practice law in New Mexico for at least twelve years, with at least ten years' experience in administrative law.
E. The chief and other hearing officers shall:
(1) take the oath of office required by the constitution of New Mexico. Once a code of conduct is adopted, the chief and all other hearing officers shall sign the code of conduct and file it with the office. The code of conduct shall be reviewed and signed annually; and
(2) devote themselves full time to the duties of the office and shall not engage in the private practice of law.
SECTION 5. CHIEF HEARING OFFICER--POWERS AND DUTIES.--
A. The chief:
(1) shall supervise and manage the office;
(2) shall employ hearing officers and other staff as necessary to carry out the duties of the office;
(3) shall assign hearing officers in any case referred to the office, giving preference to hearing officers with subject matter expertise and taking into consideration possible conflicts of interest;
(4) shall ensure the decisional independence of each hearing officer;
(5) shall adopt and promulgate a code of conduct for hearing officers; and
(6) may enter into contracts.
B. To better manage resources and limit costs to the office, a contract attorney shall not act as a hearing officer unless authorized by the chief.
SECTION 6. HEARING OFFICERS--APPOINTMENT--QUALIFICATIONS.--Hearing officers are subject to the provisions of the Personnel Act. At the time of employment, a hearing officer shall have been admitted to practice law in New Mexico for at least seven years, with at least five years' experience in administrative law.
SECTION 7. CONDUCT OF ADMINISTRATIVE HEARINGS--AGENCY COOPERATION.--
A. Every administrative hearing shall be conducted as provided by the law applicable to the case being heard. When the office accepts a request for a hearing officer, the requesting agency shall take no further action with respect to the matter, except as party litigant. Nothing in this subsection shall be construed to prevent a termination or modification of the proceeding by an agency prior to the issuance of a final decision or recommendation by the hearing officer.
B. Judicial review of an agency decision reviewed by the office shall be in accordance with the law applicable to the case being heard.
C. All agencies shall cooperate fully with the office in the discharge of the office's duties.
D. Except as otherwise provided in this section, all hearings for which a hearing officer may or shall be appointed, as required by law or rule of an agency, shall be conducted by the office.
E. A rulemaking proceeding may be subject to the Administrative Hearings Act at the request of an agency head.
F. The Administrative Hearings Act shall not apply if an agency head hears the permitting or adjudicatory matter without delegation or assignment to a hearing officer.
SECTION 8. TEMPORARY PROVISION--TRANSFER OF PERSONNEL, FUNCTIONS, APPROPRIATIONS AND PROPERTY--CONTRACTUAL OBLIGATIONS--STATUTORY REFERENCES.--
A. As used in this section, "agency" means any agency, board, commission, department, institution or officer of the state government except the judicial and legislative branches of the state government.
B. On July 1, 2011, all agency hearing officers, hearing examiners and support staff for those positions shall become employees of the administrative hearings office.
C. On July 1, 2011, all functions, records, furniture, equipment and other property, appropriations and money attributable to agency hearing officers, hearing examiners and support staff for those positions shall be transferred to the administrative hearings office. The administrative hearings office personnel and property shall not occupy a new physical office location until practicable.
D. On July 1, 2011, all contractual obligations of agency hearing officers, hearing examiners and support staff for those positions shall be transferred to the administrative hearings office.
E. All agency hearing officers and hearing examiners transferred to the administrative hearings office pursuant to this section shall be classified as hearing officers, regardless of the minimum qualifications listed in Section 6 of the Administrative Hearings Act.
F. On July 1, 2011, all references in the law to agency hearing officers or hearing examiners shall be deemed to be references to agency hearing officers as provided by the Administrative Hearings Act and all references in the law to administrative hearings shall be deemed to be references to administrative hearings as provided by the Administrative Hearings Act. Administrative hearings shall be conducted by the administrative hearings office pursuant to the provisions of the Administrative Hearings Act.
SECTION 9. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.
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