N.M. Stat. Ann. § 28-1-11

28-1-11. Hearing procedures.
    A. The respondent to a complaint made pursuant to Section 28-1-10 NMSA 1978
may file a written answer to the complaint, appear at the hearing, give testimony and be
represented by counsel and may obtain from the commission subpoenas for any person
or for the production of any evidence pertinent to the proceeding. The complainant shall
be present at the hearing and may be represented by counsel. Each party shall have
the right to amend his complaint or answer.

     B. A panel of three members of the commission designated by the chairman shall
sit, and a decision agreed upon by two members of the panel shall be the decision of
the commission. However, no commissioner who has filed a complaint may sit on the
panel hearing his complaint. Hearings also may be conducted by a hearing officer
employed by the human rights division of the labor department or, if the hearing officer
is unavailable, one member of the commission may be designated by the chairman to
act as a hearing officer. A hearing officer shall have the same powers and duties as a
commissioner as set forth in Paragraph (2) of Subsection A of Section 28-1-4 NMSA
1978.

    C. The complainant or his representative shall present to the commission or the
hearing officer the case supporting the complaint. No evidence concerning prior
attempts at conciliation shall be received. The director shall not participate in the
hearing, except as a witness.

    D. The commission and the hearing officer shall not be bound by the formal rules of
evidence governing courts of law or equity but shall permit reasonable direct
examination and cross-examination and the submission of briefs. Testimony at the
hearing shall be taken under oath and recorded by tape or otherwise. Upon the request
of any party, testimony shall be transcribed, provided that all costs of transcribing shall
be paid by the party so requesting. Each commissioner and hearing officer may
administer oaths.

    E. Upon the conclusion of a hearing conducted by a hearing officer, the hearing
officer shall prepare a written report setting forth proposed findings of fact and
conclusions of law and recommending the action to be taken by the commission. The
hearing officer shall submit the report to a review panel consisting of no more than three
members of the commission designated by the chairman. No commissioner may sit on
the panel reviewing the hearing officer's report issued in connection with a complaint
filed by the commissioner. A decision by a majority of the members of the review panel
shall be the decision of the commission. If the commission finds from the evidence
presented at any hearing held pursuant to this section that the respondent has engaged
in a discriminatory practice, it shall make written findings of fact, conclusions of law and
its decision based upon the findings of fact and conclusions of law. The commission
may adopt, modify or reject the proposed findings of fact and conclusions of law and the
action recommended by the hearing officer. Within five days after any order is rendered
by the commission following a hearing, the commission shall serve upon each party of
record and his attorney, if any, a written copy of the order by certified mail to the party's
address of record. All parties shall be deemed to have been served on the tenth day
following the mailing. As part of its order, the commission may require the respondent to
pay actual damages to the complainant and to pay reasonable attorneys' fees, if the
complainant was represented by private counsel, and to take such affirmative action as
the commission considers necessary, including a requirement for reports of the manner
of compliance.

    F. If the commission finds from the evidence that the respondent has not engaged
in a discriminatory practice, it shall make written findings of fact and serve the
complainant and respondent with a copy of the findings of fact and with an order
dismissing the complaint.

History: 1953 Comp., § 4-33-10, enacted by Laws 1969, ch. 196, § 10; 1975, ch. 248, §
1; 1983, ch. 241, § 4; 1987, ch. 342, § 22; 1995, ch. 125, § 3.