New Mexico Administrative Code

A. Each agency shall adopt a workers' compensation claims management procedure approved by RMD that complies with all relevant laws, regulations, policies, directives, guidance, and other requirements. B. Each agency shall have written procedures for:(1) workers' compensation cla…

A. The high incidence of this type loss in terms of productivity, quality of work, training, hiring, administrative costs and benefits attributed to job-related injury or illness claims warrants special mention and demands close managerial control. B. Each agency head shall estab…

Unless otherwise provided by law, this rule applies to all state agencies, including elected officials and institutions of higher learning. This rule supersedes and replaces all rules and directives for conflicting loss prevention and control programs. State agencies must comply …

This rule is adopted pursuant to Paragraph (9) of Subsection A of Section 15-7-3 NMSA 1978 which empowers the risk management division to initiate safety program establishment and to adopt regulations for effective implementation of safety programs and Subsection E of Section 9-1…

Permanent.

December 11, 2018 unless a later date is cited at the end of a section or paragraph.

The objectives of this rule 1.6.4 NMAC are to: A. prevent and control insurable losses in state government; B. integrate loss prevention and control activities into state agency operations and culture; C. establish systematic safety and loss prevention and control mechanisms with…

The following definitions apply in this rule: A. Agency or state agency: Any department, agency, branch, board, instrumentality, or institution of New Mexico state government. B. Committee: An agency loss prevention and control committee. C. Loss prevention and control: Any manag…

A. The state loss prevention and control program is created. The program includes coordination of all agency loss prevention and control activities and any loss prevention and control services administered by RMD. B. Each agency shall develop an annual loss prevention and control…

A. Each agency shall appoint a loss prevention and control coordinator no later than 60 days after the effective date of this rule. Each agency shall submit this individual's name to RMD and inform the state loss control manager of any appointment changes. B. Each agency head sha…

General Services Department, Risk Management Division.

Specific risks covered, properties covered, coverage limits, exclusions, apportionment of contributions, underwriting standards, and other provisions for coverage through the public liability fund shall apply in accordance with certificates of coverage, letters of administration,…

A. The director shall make a determination if the certificate applies to a presented claim. The decision of the director may only be appealed through arbitration, and such arbitration shall be requested by the covered party in writing to the director within 30 days of receipt of …

The director shall determine the appropriate premiums for coverage provided to each covered entity, on an annual basis and in the sole discretion of the director, and shall be reported to each covered entity in a letter of administration from the director. In making the premium d…

This rule applies to state agencies and local public bodies for which the general services department, risk management division provides public liability fund coverage for risk or liability pursuant to NMSA 1978, Section 41-4-20(A) (2) of the state of New Mexico Tort Claims Act […

This rule is statutorily authorized and promulgated pursuant to NMSA 1978, Section 15-7-3(A) (7) (which authorizes the risk management division to issue certificates of coverage in accordance with the rulemaking procedures contained in NMSA 1978, Section 9-17-5(E), granting the s…

Permanent.

July 1, 2004, unless a later date is cited at the end of a section.

It is the public policy of the state of New Mexico that governmental entities and public employees shall be protected by the principle of sovereign immunity and may only be liable for torts as provided by the express provisions of the Tort Claims Act. The general services departm…

As used herein: A. "coverage" or "coverage provision" means the type of protection provided against specific risks or losses; B. "covered entity" means a governmental entity, as defined below, which is covered under the terms of a coverage document issued to it by the public liab…

Certificates of coverage shall be issued on an annual basis, unless otherwise determined by the director, on or before July 1 of the state fiscal year, and in the sole discretion of the director shall be in force on July 1 of that fiscal year, or as soon as practicable thereafter…

The following guidelines govern all certificates of coverage that may be issued under cover of a letter of administration. A. By statute, NMSA 1978, Section 59A-1-16 (C), the general services department, risk management division is expressly exempt for the provisions of the insur…

General Services Department, Risk Management Division.

A. Tort claims coverage for a community land grant does not include coverage for any liability attributable to the business enterprise activities of a community land grant. B. Business enterprise activities include the following:(1) any activity undertaken for purposes of earning…

This rule applies to community land grants governed as a political subdivision of the state in making application to and obtaining coverage from the risk management division of the general services department for coverage for any risk for which immunity has been waived under the …

This rule is statutorily authorized and promulgated pursuant to NMSA 1978, Section 15-7-3(A)(7) (which authorizes the risk management division to issue certificates of coverage in accordance with the rulemaking procedures contained in NMSA 1978, Section 9-17-5(E), granting the se…

Permanent.

July 30, 2010, unless a later date is cited at the end of a section.

This rule describes the activities of community land grants that are business enterprise activities, and that are thereby excluded from coverage through the public liability fund of risks for which immunity has been waived under the Tort Claims Act. Coverage will be provided to c…

A. "Approved activities" means activities conducted at a community center that are approved through procedures established by the board of trustees. B. "Board of trustees" means the governing body of a community land grant that is governed as a political subdivision of the state …

A. Community land grants that wish to obtain tort claims coverage from the division shall make application for such coverage by providing information requested by the director. B. The director shall annually determine the assessment which the community land grant is to pay for to…

Tort claims coverage for any community land grant does not include coverage for any enterprise or activities undertaken by any of the individual members of the community land grant, whether singly or in association with others.

State Personnel Board.

Any notice required of an agency by these rules, except for 1.7.13 NMAC, shall be delivered by a method that provides proof of service or attempted service.

A. In computing any period of time prescribed or allowed by these rules, the day from which period of time begins to run shall not be included. The last calendar day of the time period shall be included in the computation unless it is a Saturday, Sunday or a day on which a legal …

A. Agencies shall maintain a record of each employee's employment history in accordance with operational necessity and applicable state and federal law requirements. Employees shall have access to review their own file. Employment-related confidential records shall be available f…

Any settlement agreement reached by an agency and an employee to resolve a matter between them, that incorporates provisions covered by these rules, must conform to the provisions of these rules, unless otherwise approved by the SPO director. If a potential offer of settlement re…

Each agency shall provide a copy of their human resource policies to the office and these policies must conform to the provisions of these rules and other statutory requirements as required by law and include, among other things, policies regarding diversity in the workplace.

The SPO director shall establish, pursuant to direction from the board, and maintain a training and development work plan. The board will review the training and development work plan on an annual basis.

A determination by a court of competent jurisdiction that any provision of 1.7.1 NMAC is unconstitutional or invalid shall not adversely affect the constitutionality, validity or enforceability of the remaining provisions.

All state agencies in the classified service.

Sections 10-9-3, 10-9-7, 10-9-10, 10-9-12 through 10-9-14 and Section 14-2-1 NMSA 1978.

Permanent.

January 1, 2020 unless a later date is cited at the end of a section.

The objective of Part 1 of Chapter 7 is: to define words and phrases used throughout Chapter 7, to cite provisions pertaining to different Parts of Chapter 7, to require maintenance of employment records, and to detail provisions that do not warrant a separate Part.