New Mexico Administrative Code

Permanent

July 1, 2015, unless a later date is cited at the end of a section.

The objective of Part 10 of Chapter 12 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 department or its lega…

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 chief for approval to execute the furlough. B. The furlough plan shall affect all employees within the organizational unit impacted to …

A. The department 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. The human resource director shall identify organizational units for purposes of a layoff and subm…

Public Defender Commission

A. An employee who has completed the probationary period required by Subsection A of 10.12.2.8 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 departm…

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

The chief may authorize administrative leave for a period sufficient and consistent with the best interests of the department to complete a disciplinary action proceeding or investigation.

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, a notice of contemplated action shall be served on the employee which: describes the co…

Applies to all employees

Section 31-15-2.4(B) (6), NMSA 1978; Section 31-15-7, NMSA 1978 and Sections 28-2-1 to 28-2-6 NMSA 1978.

Permanent.

July 1, 2015, unless a later date is cited at the end of a section.

The objective of Part 11 of Chapter 12 is: to provide a mechanism by which management can implement constructive, progressive steps towards solving performance or conduct problems.

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

A. Notices prescribed by 10.12.11 NMAC shall be served in accordance with the provisions of 10.12.1.10 NMAC. B. The computation of time prescribed or allowed by 10.12.11 NMAC shall be in accordance with the provisions of 10.7.1.11 NMAC.

Public Defender Commission

A. The chairperson 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 the chief public defender to disqualify the designated chairperson for cause by fling a…

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

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

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 chairperson unless good cause is shown for the delay. B. Prior to fling the motion, the fling party shall determine whether the non…

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 chairperson has the power to subpoena witnesses. B. The chairperson 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 each subp…

A. The chairperson 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 evidence …

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.All members of the board shall be present in person to conduct the hearing. B. The hearing shall be open to the public unless the parties agree that it shall be closed. C. A party may appear through a representative at any and all times during the adjudication process, provided…

The chairperson 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 chairperson. If case law is cited, a copy of the case shall be provided to the hearing officer.

Applies to all employees in career status.

The disciplinary review board shall make a decision as soon as practicable upon conclusion of the hearing. The chairperson 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 a request for reconsideration of a decision by citing specific exceptions with supporting briefs to a disciplinary review board's decision according to a scheduling order issued by the chairperson. B. Copies of such exceptions and any brief…

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

A. The board may order the department 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…

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

Section 10-15-1(H) NMSA 1978; Section 31-15-2.4(B)(6) NMSA 1978 and Section 31-15-7 NMSA 1978.

Permanent.

July 1, 2015, unless a later date is cited at the end of a section.

The objective of Part 12 of Chapter 12 is: to provide a system for career status employees to appeal disciplinary actions.

A. "Discipline Review Board" or "board" means a three member board to hear disciplinary appeals composed of one district defender, one neutral hearing officer and one employee appointed by the chief from a pool of volunteers. B. "Chairperson" means the district defender appointed…

A. Employees who have completed the probationary period as required by Subsection A of 10.12.2.8 NMAC and have been demoted, dismissed, or suspended have the right to appeal to the discipline review board at a public hearing. B. A notice of appeal must be in writing and fled with…

A. The department may withdraw a completed disciplinary action prior to commencement of a disciplinary review board hearing so long as the appellant is fully restored to pre-disciplinary status insofar as employment, back pay and benefits are concerned. B. Upon department withdra…

Public Defender Commission

The public defender commission shall determine the effective date of rules, which shall be fled with the New Mexico commission of public records.

The public defender commission may adopt, amend, or suspend a rule as an emergency, without compliance with 10.12.13.8 NMAC and 10.12.13.9 NMAC, if the public defender commission determines that it is in the public interest. An action to adopt, amend, or suspend a rule pursuant t…

Rules, including emergency rules, adopted, amended, or repealed by the public defender commission shall be published in the New Mexico register.

The public defender commission may authorize demonstration projects which may require the temporary suspension of the rules when the chief agrees to utilize such a project to improve operations.

Applies to all employees.

Section 31-15-2.4(B) (6) NMSA 1978; Section 31-15-7 NMSA 1978