{"data":{"id":"us-nm/62-19-7","jurisdiction":"us-nm","citation":"62-19-7","heading":"Recusal of commissioner or hearing examiner.","body":"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:\n(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;\n(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;\n(3) when in previous employment the commissioner or hearing examiner served as an attorney, adviser, consultant or witness in the matter in controversy; or\n(4) when, as a nominee for appointment to the office of public regulation commissioner, the nominee announced how the nominee would rule on the adjudicatory proceeding or a factual issue in the adjudicatory proceeding.\nB. 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.","path":["Chapter 62 - Electric, Gas and Water Utilities","ARTICLE 19 Public Regulation Commission"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18565/index.do","current_through":"2026-05-20","vintage":"","retrieved_at":"2026-09-03T15:02:20Z","sha256":"30f9f7e93af602258039253c81b5de72fa496766c483a18cb09c392cd76623d0","source_id":"us-nm","stale":false,"prev":"us-nm/62-19-6","next":"us-nm/62-19-8"},"notice":"GroundRules: Original legal text. Not legal advice."}