(A) Applicability of rules of civil procedure and rules of evidence. In the absence of a specific provision of applicable law governing an action, the hearing officer may look to the New Mexico Rules of Civil Procedure, NMRA 1- 001 et seq., and the New Mexico Rules of Evidence, NMRA 11-101 et seq., for guidance. No provision of the rules of civil procedure shall be construed to extend or otherwise modify the authority and jurisdiction.
(B) Procedural rules. The City Clerk shall promulgate procedural rules for hearings pursuant to this ordinance. These rules should include rules of discovery, evidence, and any other rule the City Clerk deems necessary to ensure a full, fair, impartial, and expeditious hearing.
(C) Final decision. The hearing officer shall issue a final written decision within 30 days of the hearing, unless the City Clerk or hearing officer provides additional notice of when a final written decision will be issued. Failure to issue a written decision will not result in a default judgment to either party.
(D) Record proper. The record in an administrative hearing shall include, at a minimum:
(1) The notices, pleadings, motions and intermediate rulings;
(2) The documentary evidence offered and admitted;
(3) A final written decision; and
(4) The recording or transcript of the hearing.
(E) Transcript. Administrative hearings shall be electronically recorded. A party may arrange for a stenographic recording of the hearing at their own expense.
(F) Appeals. An appeal may be taken from any final order issued by the hearing officer by filing a petition for a writ of certiorari to the District Court of the Second Judicial District within 30 days.