us-nm/stat
NMSA 1978, § 7-1B-4 — Chief hearing officer selection committee; duties
A.
The "chief hearing officer selection committee" is created and consists of nine
members, including:
(1) four members who are selected by the New Mexico legislative council, no
more than two of whom are from the same political party;
(2) four members who are selected by the governor, no more than two of
whom are from the same political party; and
(3) a committee chair, whom a majority of the other eight members select and
who is:
(a) not a candidate for the position of chief hearing officer; and
(b) either a former chief of the hearings bureau [administrative hearings office]
of the taxation and revenue department, a former chief hearing officer or another person
with extensive knowledge of the tax law.
B.
The chief hearing officer selection committee shall meet exclusively for the
purpose of nominating persons to fill a current or impending vacancy in the position of
chief hearing officer of the administrative hearings office. The committee shall actively
solicit, accept and evaluate applications for the position of chief hearing officer and may
require applicants to submit any information that the committee deems relevant to the
consideration of applications. Within ninety days before the date on which the term of a
chief hearing officer ends or no later than thirty days after the occurrence of a vacancy
in the chief hearing officer position, the chief hearing officer selection committee shall
convene and, within thirty days after convening, submit to the governor the names of
persons who:
(1) are attorneys licensed to practice law in New Mexico or another state;
(2) have knowledge of the tax law and substantial experience making the
record in an administrative hearing suitable for judicial review; and
(3) are recommended for appointment to the position by a majority of the
committee.
C.
Immediately after receiving nominations for chief hearing officer, the governor
may make one request of the committee for submission of additional names. The
committee shall promptly submit those additional names if a majority of the committee
finds that additional persons would be qualified and recommends those persons for
appointment as chief hearing officer. The governor shall fill a vacancy or appoint a
successor to fill an impending vacancy in the office of chief hearing officer within thirty
days after receiving final nominations from the committee by appointing one of the
persons nominated by the committee.
D.
The chief hearing officer selection committee is administratively attached
pursuant to the provisions of Section 9-1-7 NMSA 1978 to the department of finance
and administration.
Source: official text