Part 5. OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES, version 4 (§ 11.5.5.1 to 11.5.5.1019 - 11.5.5.1099)

A. Format: CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing [title of document] was served on the following [parties/advocates of record], by [method of service], on [date of service]: [Insert name(s) and address(es) of person(s) upon whom service is made.] [S…

A. Format: COMMISSION SECRETARY'S CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing [title of document] was served on each party or advocate of record, on [date of service]. [Signature] ________________________________ [Typed or printed Name] commission secreta…

A. Format: STATE OF NEW MEXICO BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION [NAME OF COMPLAINANT OR PETITIONER], [complainant/Petitioner], v. No. [insert case no.] [NAME(S) OF RESPONDENT(S)], respondent[s]. NOTICE OF SUBSTITUTION OF ADVOCATE Pursuant to 11 NMAC 5.5…

A. Format: STATE OF NEW MEXICO BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION NEW MEXICO ENVIRONMENT DEPARTMENT, complainant, v. [case no. omitted] [NAME OF RESPONDENT], respondent. NOTICE TO AFFECTED EMPLOYEES (CONTEST OF CITATIONS) [Name of respondent] is filing th…

A. Format: STATE OF NEW MEXICO BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION [NAME OF PETITIONER], Petitioner, v. . [case no. omitted] NEW MEXICO ENVIRONMENT DEPARTMENT [and] [NAME OF RESPONSIBLE EMPLOYER], respondent[s]. NOTICE TO AFFECTED EMPLOYEES (PROPOSED MODIF…

A. Format: STATE OF NEW MEXICO BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION [NAME OF COMPLAINANT OR PETITIONER], [complainant/petitioner], v. No. [insert case no.] [NAME(S) OF RESPONDENT(S)], respondent[s]. NOTICE TO AFFECTED EMPLOYEES (INFORMAL ADMINISTRATIVE REVI…

A. Format STATE OF NEW MEXICO BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION [NAME OF COMPLAINANT OR PETITIONER], [complainant/Petitioner], v. No. [insert case no.] [NAME(S) OF RESPONDENT(S)], respondent[s]. NOTICE TO AFFECTED EMPLOYEES (PENDENCY OF HEARING) A hearin…

A. Format: STATE OF NEW MEXICO BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION [NAME OF COMPLAINANT OR PETITIONER], [complainant/petitioner], v. No. [insert case no.] [NAME(S) OF RESPONDENT(S)], respondent[s]. NOTICE TO AFFECTED EMPLOYEES (PROPOSED SETTLEMENT OF CASE)…

A. Format: STATE OF NEW MEXICO BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION [NAME OF COMPLAINANT OR PETITIONER], [complainant/petitioner], v. No. [insert case no.] [NAME(S) OF RESPONDENT(S)], respondent[s]. AFFIDAVIT OF POSTING STATE OF [NAME OF STATE IN WHICH AFFI…

A. Format: STATE OF NEW MEXICO BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION [NAME OF COMPLAINANT OR PETITIONER], [complainant/petitioner], v. No. [insert case no.] [NAME(S) OF RESPONDENT(S)], respondent(s). AFFIDAVIT OF EXPLANATION FOR NON-POSTING STATE OF [NAME OF…

A. Format: STATE OF NEW MEXICO BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION NEW MEXICO ENVIRONMENT DEPARTMENT, complainant, v. [Case no. omitted] [NAME OF RESPONDENT], respondent. NOTICE OF CONTEST TO: [Name and address of person who signed citation for department]…

A. Format: STATE OF NEW MEXICO BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION [NAME OF PETITIONER], Petitioner, v. [case no. omitted] NEW MEXICO ENVIRONMENT DEPARTMENT [and] [NAME OF RESPONSIBLE EMPLOYER], respondent[s]. PETITION FOR MODIFICATION OF ABATEMENT PERIOD …

A. Format: STATE OF NEW MEXICO BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION NEW MEXICO ENVIRONMENT DEPARTMENT, complainant, v. No. [insert case no.] [NAME OF RESPONDENT], respondent. NOTICE OF VACATION OF CITATION[S] complainant, New Mexico environment department, …

A. Format: STATE OF NEW MEXICO BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION [NAME OF COMPLAINANT OR PETITIONER], [complainant/Petitioner], v. No. [insert case no.] [NAME(S) OF RESPONDENT(S)], respondent[s]. NOTICE OF WITHDRAWAL OF [CONTEST/PETITION] [respondent/Pet…

A. Format: STATE OF NEW MEXICO BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION [NAME OF COMPLAINANT OR PETITIONER], [complainant/Petitioner], v. No. [insert case no.] [NAME(S) OF RESPONDENT(S)], respondent[s]. [NAME OF INTERVENOR], Intervenor. NOTICE OF INTERVENTION N…

A. Format: STATE OF NEW MEXICO BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION [NAME OF COMPLAINANT OR PETITIONER], [complainant/Petitioner], v. No. [insert case no.] [NAME(S) OF RESPONDENT(S)], respondent[s]. [NAME OF INTERVENOR], Intervenor. NOTICE OF WITHDRAWAL OF …

A. Format: STATE OF NEW MEXICO BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION [NAME OF COMPLAINANT OR PETITIONER], [complainant/Petitioner], v. No. [insert case no.] [NAME(S) OF RESPONDENT(S)], respondent[s]. NOTICE OF SERVICE OF [RESPONSE TO] [TYPE OF DISCOVERY] Not…

A. Format; subpoena: STATE OF NEW MEXICO BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION [NAME OF COMPLAINANT OR PETITIONER] [complainant/Petitioner], v. No. [insert case no.] [NAME(S) OF RESPONDENT(S)], respondent[s]. SUBPOENA [DUCES TECUM] TO: [Name and address of p…

In the absence of a specific provision in this Part governing an action, procedure shall be in accordance with the New Mexico Rules of Civil Procedure, SCRA 1986, 1-001 to 1-102. A. Commission authority not expanded: The incorporation of the Rules of Civil Procedure shall not be …

A. Commission: The commission, acting through a quorum, shall exercise all powers and duties not specifically delegated to the commission chair, the commission counsel, the commission secretary, or a hearing officer. B. Commission chair: The commission chair shall: (1) preside at…

A. Notice of voluntary recusal: A commission member or hearing officer may file a notice of voluntary recusal at any time. The specific grounds for recusal need not be stated. Any commission member or hearing officer filing a notice of voluntary recusal shall serve a copy thereof…

A. General: (1) Unless otherwise specifically provided by the Act, by this Part, or by order, any period of time specified in the Act, in this Part, or in any order shall be counted beginning with the day after the event from which the time is measured and shall include every cal…

A. Official journal: Copies of all orders of the commission on the merits of any case, and copies of any other orders deemed by the commission to have precedential value, shall be kept by the commission secretary in an official journal, to be maintained indefinitely. B. Public in…

Upon application by any person in a proceeding where trade secrets or other confidential matters may be divulged, the hearing officer shall issue such orders as may be appropriate to protect the confidentiality of such matters.

A. General: (1) At any stage of the proceedings: (a) a party who is an individual may appear in person or through an advocate; and (b) any other party shall appear through an advocate. (2) An advocate may, but need not, be a lawyer. The commission recognizes, however, that commis…

A. General: (1) At no time during the pendency of a case shall any party or any advocate, officer, agent, or employee of a party discuss the merits of the case with any commission member, commission counsel, commission secretary, or hearing officer, except as provided in Subsecti…

All parties and advocates for parties to any proceeding before the commission.

[see Sections 11.5.5.201 NMAC through 11.5.5.203 NMAC]

A. General: Unless otherwise provided in this Part, all documents, except exhibits attached to other documents, filed or served in any proceeding under this Part shall be substantially in the format illustrated in Section 1000 [now 11.5.5.1000 NMAC], or any other applicable form …

A. General: (1) The original of any document required to be filed under this Part shall be submitted directly to the commission secretary, except that the following documents first shall be submitted to the department for subsequent submission to the commission secretary: (a) a n…

A. General: The commission secretary shall record the date of receipt of, but shall not file, any document, other than a notice of contest or a petition for modification of abatement period, that: (1) is not on 8 1/2 x 11-inch paper (except for exhibits); (2) is not an original; …

Section 50-9-9, NMSA 1978.

[see Sections 11.5.5.301 NMAC - 11.5.5.307 NMAC]

A. General: Issuance of a citation shall be in accordance with the requirements of the Act and 11 NMAC 5.1.23 [now 11.5.1.23 NMAC]. B. Amended citation: After receipt of a notice of contest or a petition for modification of abatement period, the department may amend a citation on…

A. Who may file: A notice of contest may be filed by any responsible employer. B. Grounds: A notice of contest may be based upon any combination of: (1) the existence or classification of any violation alleged in the citation; (2) the amount of the penalty proposed for any violat…

A. Who may file: A petition for modification of abatement period may be filed by any responsible employer, any affected employee, or any representative of affected employees. B. Grounds: (1) A petition for modification of abatement period filed by a responsible employer shall be …

Promptly upon receipt of a notice of contest or a petition for modification of abatement period, the commission secretary shall docket the case, assign a case number, and issue a notice of docketing.

A. General: In a case initiated by a responsible employer in good faith and not solely for delay or avoidance of the penalty, the abatement period shall not begin to run until final resolution. B. Lack of good faith or delay: Any findings of lack of good faith or of delay or avoi…

A. General: The department shall initiate an informal administrative review promptly upon receipt of a notice of contest or a petition for modification of abatement period. (1) Except as otherwise provided in this Section, scheduling and conduct of the informal administrative rev…

A. General: At any time prior to conclusion of the informal administrative review, provided there are no intervenors: (1) in a case initiated by a notice of contest: (a) the department may unilaterally and unconditionally vacate all contested items of a citation by filing a notic…

Permanent.

[see Sections 11.5.5.401 NMAC - 11.5.5.404 NMAC]

A. Case initiated by notice of contest: The following pleadings, in addition to the notice of contest, are allowed in a case initiated by a notice of contest: (1) the department's administrative complaint; and (2) the respondent's answer (which shall be deemed a petition for hear…

A. Content: The administrative complaint, in a case initiated by notice of contest, shall set forth, either directly or through incorporation by reference to the citation, all facts necessary to establish: (1) the commission's jurisdiction over the parties and the subject matter;…

A. Content: The request for hearing, in a case initiated by a petition for modification of abatement period, shall state that the case has not been settled during the informal administrative review, and shall request that a hearing be scheduled on the petition for modification of…

A. When filed: (1) In a case initiated by notice of contest, the respondent's answer shall be filed within fifteen (15) days after the respondent's receipt of the administrative complaint. (2) In a case initiated by a petition for modification of abatement period, each respondent…