New Mexico Administrative Code

State Personnel Board.

A. Former employees who were in career status at the time of separation by a reduction in force shall have reemployment rights within the classified service, for a six-month period, under the following provisions: (1) Former employees shall be returned to work in order of highest…

Any employee who separates from the classified service to enter the United States armed forces, national guard, or an organized reserve unit may be reemployed in accordance with the provisions of 38 U.S.C. Section 2021 and Sections 28-15-1 to 28-15-3 NMSA 1978.

A. Agencies shall implement a policy to enable employees who have been unable to work because of a compensable injury or illness under the workers' compensation act to return to work in a modified duty assignment for up to 6 months and may be extended for a period of up to 6 addi…

A. Employees who have suffered an injury or illness which is compensable under the workers' compensation act and are physically or mentally unable to perform the essential functions of their pre-injury/pre-illness position, with or without reasonable accommodation, shall be separ…

A. A former employee who has separated from the service due to job-related injury or illness and who has received or is due to receive benefits under the Workers' Compensation Act shall have reemployment rights in accordance with the provisions of Section 52-1-50.1 NMSA 1978 and …

All state agencies in the classified service.

Subsection A of Section 10-9-10 NMSA 1978; Section 10-9-19 NMSA 1978; Sections 28-15-1 to 28-15-3 NMSA 1978 and 38 U.S.C. Section 2021; Section 52-1-25.1 NMSA 1978.

Permanent

May 20, 2025, unless a later date is cited at the end of a section.

The objective of Part 10 of Chapter 7 is: to provide a system for employee furlough, and separation upon reduction in force; to provide for reemployment after military service; to provide for injured employees' return to work, and potential separation.

A. "Furlough" means a temporary placement of an employee in a reduced work hour schedule, which can either be partial or full-time, for lack of work or funds. B. "Agency hire date" means the date on which an employee's current continuous employment with the agency or its legal pr…

A. In the event of the need for a furlough, an agency shall submit a plan identifying organizational units to be affected by the furlough to the board for approval to affect the furlough. The state personnel office (SPO) director may approve such plans if an emergency exists and …

A. An agency may lay off employees only for deletion of positions, shortage of work or funds, or other reasons that do not reflect discredit on the services of the employees. B. An agency shall identify organizational units for purposes of a layoff and submit a written plan to th…

State Personnel Board.

A. An employee who has completed the probationary period required by Subsection A of 1.7.2.8 NMAC may be suspended, demoted, or dismissed only for just cause which is any behavior relating to the employee's work that is inconsistent with the employee's obligation to the agency. B…

Probationers and employees in emergency or temporary status may be suspended, demoted, or dismissed effective immediately with written notice and without right of appeal to the board. The written notice shall advise the employee of the conduct, actions, or omissions which resulte…

Agencies may authorize paid administrative leave for a period up to 160 consecutive work hours during a disciplinary action proceeding or investigation. Paid administrative leave in excess of 160 consecutive work hours must be approved by the State Personnel Office (SPO) Director…

A. Notice of contemplated action: (1) To initiate the suspension, demotion, or dismissal of an employee in career status and an employee in term status who has completed the probationary period, the agency shall serve a notice of contemplated action on the employee which: describ…

All state agencies in the classified service.

Subsection H of Section 10-9-13, Subsection A of Section 10-9-18, Section 10-9-22, NMSA 1978; and Sections 28-2-1 to 28-2-6 NMSA 1978; Chapter 173, laws of 1997.

Permanent.

January 14, 2025, unless a later date is cited at the end of a section.

The objective of Part 11 of Chapter 7 is: to provide a mechanism by which management can implement constructive, progressive steps towards solving performance or behavior problems.

A. The primary purpose of discipline is to correct performance or behavior that is below acceptable standards, or contrary to the employer's legitimate interests, in a constructive manner that promotes employee responsibility. B. Progressive discipline shall be used whenever appr…

A. Notices prescribed by 1.7.11 NMAC shall be served in accordance with the provisions of 1.7.1.10 NMAC. B. The computation of time prescribed or allowed by 1.7.11 NMAC shall be in accordance with the provisions of 1.7.1.11 NMAC.

State Personnel Board.

A. The hearing officer shall not participate in any adjudicatory proceeding if, for any reason, the hearing officer cannot afford a fair and impartial hearing to either party. Either party may ask to disqualify the designated hearing officer for cause by filing an affidavit of di…

A. The hearing officer may consolidate cases in which two or more appellants have cases containing identical or similar issues. B. The hearing officer may join the appeals of an appellant who has two or more appeals pending. C. The hearing officer may consolidate or join cases if…

The hearing officer has the power to compel, by subpoena or order, the production of written materials or other evidence the hearing officer may deem relevant or material. The parties shall have a right to discovery limited to depositions, interrogatories, requests for production…

A. Any defense, objection, or request that can be determined on the merits prior to a hearing may be raised by motion before the deadline set by the hearing officer unless good cause is shown for the delay. B. Prior to filing the motion, the filing party shall determine whether t…

Witnesses who are not disclosed by the deadline contained in the pre-hearing order shall not be permitted to testify except for good cause shown and to prevent manifest injustice.

A. The hearing officer has the power to subpoena witnesses. B. The hearing officer has the power to subpoena documents or other tangible items. C. Subpoenas shall be prepared in triplicate by the party requesting the subpoena and will be issued by the hearing officer. A copy of e…

A. The hearing officer may impose sanctions upon the parties as necessary to serve the cause of justice including, but not limited to the instances set forth below. (1) When a party fails to comply with an order, including an order for taking a deposition, the production of evide…

Notice of hearing shall be made by certified mail with return receipt requested at least 14 calendar days prior to the hearing, unless otherwise agreed to by the parties and the hearing officer.

A. The hearing shall be open to the public unless the parties agree that it shall be closed. B. A party may appear through a representative at any and all times during the adjudication process, provided such representative has filed a written entry of appearance. C. The hearing o…

The hearing officer may require or permit written closing arguments, post-hearing briefs and proposed findings of fact and conclusions of law according to a scheduling order issued by the hearing officer. If case law is cited, a copy of the case shall be provided to the hearing o…

All state agencies in the classified service.

The hearing officer shall recommend a decision to the board as soon as practicable upon conclusion of the hearing. The hearing officer shall provide a copy of the recommended decision to the parties by certified mail with return receipt requested.

A. The parties to a proceeding may file exceptions with supporting briefs to a hearing officer's recommended decision according to a scheduling order issued by the hearing officer. B. Copies of such exceptions and any briefs shall be served simultaneously on all parties, and a st…

A. As a general rule, the board shall only consider post-hearing briefs, and proposed findings of fact and conclusions of law, the hearing officer's recommended decision, and exceptions to the recommended decision. Where circumstances warrant, the board may review all or a portio…

A. The board may order agencies to reinstate appellants with back pay and benefits. Such appellants shall be reinstated to their former position, or to a position of like status and pay, that they occupied at the time of the disciplinary actions. B. In the event the board's order…

When the board renders a final decision in an appeal, the board's decision including the hearing officer's recommended decision will be available to the public pursuant to the Inspection of Public Records Act, NMSA 1978, Section 14-2-1 (as amended through 2003). Copies of the boa…

A. The board's duly appointed hearing officer shall hear all complaints filed in accordance with the provisions of NMSA 1978, Section 52-5-2(C). B. Whenever some action is required to be taken within a certain number of calendar days, the hearing officer may extend the time for a…

NMSA 1978, Section 10-9-10(B), NMSA 1978, Section 10-9-13(E),(H), NMSA 1978, Section 10-9-18, NMSA 1978, Section 10-9-20, NMSA 1978, Section 10-15-1(H) and NMSA 1978, Section 52-5-2(B),(C).

Permanent.