0001|                            HOUSE BILL 462
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                           MIGUEL P. GARCIA
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO ALCOHOLIC BEVERAGE REGULATION; PROVIDING FOR
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0012|     RECUSAL OF HEARING OFFICERS; DECLARING AN EMERGENCY.
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0013|     
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0014|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015|          Section 1.  A new section of the Liquor Control Act is
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0016|     enacted to read:
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0017|          "[<u>NEW MATERIAL</u>] ADMINISTRATIVE HEARINGS--RECUSAL OF
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0018|     DIRECTOR OR HEARING OFFICER.--
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0019|               A.  The director or a hearing officer shall recuse
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0020|     himself in an administrative hearing in which he is unable to
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0021|     make a fair and impartial decision or in which there is a
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0022|     reasonable doubt about whether he can make a fair and
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0023|     impartial decision, including:
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0024|                    (1)  when the director or hearing officer has
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0025|     a personal bias or prejudice concerning a party or its
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<center>- 1 -</center>

0001|     representative or has prejudged a disputed evidentiary fact
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0002|     involved in a proceeding prior to hearing.  For the purposes
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0003|     of this section, "personal bias or prejudice" means a
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0004|     predisposition toward a person based on a previous or on-going
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0005|     relationship, including a professional, personal, familial or
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0006|     other intimate relationship, that may sway judgment and render
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0007|     the hearing officer unable to exercise his functions
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0008|     impartially;
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0009|                    (2)  when he has a pecuniary interest in the
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0010|     outcome of the proceeding other than as a customer of a party;
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0011|     or
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0012|                    (3)  when in previous employment he served as
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0013|     an attorney, adviser, consultant or witness in the matter in
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0014|     controversy.
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0015|               B.  If the director or a hearing officer fails to
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0016|     recuse himself and it appears that grounds exist, a party
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0017|     shall promptly notify the director or hearing officer of the
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0018|     apparent grounds for recusal.  If the director or hearing
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0019|     officer declines to recuse himself upon request of a party, he
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0020|     shall provide full disclosure on the record of all facts in
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0021|     support of his refusal to recuse himself.  The party may
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0022|     appeal the decision of the director or the hearing officer to
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0023|     the superintendent of regulation and licensing who shall
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0024|     review the apparent grounds for recusal and attendant evidence
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0025|     submitted by the party and the facts in support of the
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<center>- 2 -</center>

0001|     director's or hearing officer's refusal to recuse himself and
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0002|     render a decision in writing regarding the recusal of the
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0003|     director or hearing officer."
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0004|          Section 2.  EMERGENCY.--It is necessary for the public
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0005|     peace, health and safety that this act take effect
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0006|     immediately.
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0007|                              
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