New Mexico Administrative Code

A. Employees, except those on full-time educational leave with pay, absence without leave, leave without pay, unpaid Family and Medical Leave Act (FMLA) leave, or suspension without pay shall accrue annual leave at the rate of: (1) 3.08 hours per pay period if less than three yea…

A. Employees may donate leave to another employee in the department for a medical emergency with approval of the office. B. Employees may donate annual leave to the full amount of their accumulated hours. C. In accordance with the provisions of Section 10-7-10 NMSA 1978, the dona…

Public Defender Commission

A. Unless otherwise specified in these rules, urine specimens for drug testing shall be collected by a laboratory meeting state licensure requirements and certified by the substance abuse and mental health services administration or the college of American pathologists in forensi…

A. The initial and confirmatory drug tests shall be performed by a state licensed laboratory in accordance with the substance abuse and mental health services administration or the college of American pathologists in forensic urine drug testing. The laboratory shall have the capa…

A. A test for alcohol shall be administered by a legally recognized and approved method. B. A test by a legally recognized or approved method with results of blood alcohol content (BAC) level of .04 or more shall be deemed positive for alcohol. C. The chief may approve a lower te…

A. Drug and alcohol test results shall be reported only to the substance abuse coordinator or designee. B. The test report shall contain the specimen number assigned by the agency, the laboratory accession number and results of the tests. All specimens negative on the initial tes…

A.Employees who test positive for drugs, alcohol or both may, within two workdays of being advised of the test results, submit a written request to the human resource director or the substance abuse coordinator for a review of the test results by the medical review officer. The t…

Employees who tested positive for drugs or alcohol urine tests may elect to have, at their expense, an aliquot, if any exists, of the original urine specimen retested by another laboratory that meets applicable provisions of any state licensure requirements and is certified in fo…

No laboratory reports or test results shall appear in the employee's personnel file unless he or she is subject of a disciplinary action. Laboratory reports or test results shall be placed in a special locked file maintained by the substance abuse coordinator or designee. Files r…

A.Voluntary self-identifcation by employees: (1) Any employee who requests referral to an employee assistance program (EAP), counseling or a drug or alcohol rehabilitation program, prior to directed to drug and alcohol testing due to reasonable suspicion shall be referred by the …

Applies to all employees.

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 8 of Chapter 12 is: to provide employees with information on the effects of drug and alcohol abuse; to require drug, alcohol testing or both; and to establish required collection, screening, rehabilitative and sanction parameters.

A. "Alcohol" means all consumable non-prescription substances which contain alcohol, specifically including, without limitation, spirits, wine, malt beverages, and intoxicating liquors. B. "Aliquot" means a portion of a urine specimen used for testing. C. "Chain of custody" refer…

A. The human resource director or designee shall serve as the substance abuse coordinator who shall be responsible for the department's drug and alcohol abuse program. B. The substance abuse coordinator shall provide drug and alcohol abuse awareness information to employees inclu…

A. The department shall require employees to undergo drug, alcohol testing or both if the department has a reasonable suspicion that the employee has committed drug or alcohol abuse based on, but not limited to: (1) direct observation of the physical symptoms or manifestations of…

Public Defender Commission

Employees may submit a rebuttal to performance appraisals, which shall become a part of the performance appraisal.

During the fourth quarter of each calendar year the human resource director shall report to the chief on the record of each district defender, managing attorney, or other supervisor in conducting performance appraisals of their employees. All managers shall cooperate with the hum…

Applies to all employees.

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 9 of Chapter 12 is: to provide for the regular appraisal and documentation of employee performance and review of department management compliance in conducting performance appraisals.

A. The performance and development of managers and employees shall be documented on a chief approved appraisal form that includes:(1) basic employee information (employee's name, working title, employee identifcation number, position number, anniversary date, and the name of thei…

A. Managers and supervisors must successfully complete a human resource director-approved course of study on employee performance appraisal within 90 days of appointment as a supervisor. B. The performance and development of a career employee shall include at least one interim ev…

New Mexico Sentencing Commission.

A. The commission is not authorized to inspect data that: (1) is privileged under the New Mexico Rules of Evidence; (2) compromises or tends to disclose any privileged record or information; (3) consists of reports, memoranda or other internal documents given to or communications…

A. The commission may deny a request for data maintained by the commission when the request is: (1) made by an organization that gathers data from public sources and subsequently resells that data; (2) burdensome or will hamper the operations of the commission; (3) for data that …

This rule applies to state, county and municipal agencies that possess criminal or juvenile justice data.

Sections 9-3-10, 9-3-10.1, 29-10-6 and 31-18-15 NMSA 1978.

Permanent.

January 1, 2007, unless a later date is cited at the end of a section.

The objective of this rule is to establish procedures for the commission's collection, analysis and dissemination of criminal or juvenile justice data in the possession of agencies. The commission will use the data to support the provision of information to the executive, judicia…

A. "Agency" means an executive or judicial agency in state, county or municipal government. B. "Commission" means the New Mexico sentencing commission. C. "Data" means criminal or juvenile justice records, data and information.

The commission shall: A. advise the executive, judicial and legislative branches of government on policy matters relating to criminal and juvenile justice; B. study past and current sentencing and release practices and create a statistical database for simulating the impact of va…

A. In general, an agency shall provide agreed-upon data to the commission on at least an annual basis for the immediately preceding fiscal year. The agency data shall be provided to the commission no later than October 1 following the conclusion of the immediately preceding fisca…

DNA Identification System Oversight Committee & Administrative Center, c/o Metropolitan Forensic Science Center 5350 Second Street N.W., Albuquerque, NM 87107 (505) 823-4200.

A. All samples received by the administrative center for DNA analysis should be considered potentially bio-hazardous. Universal safety precaution procedures shall be followed when handling biological samples. B. The mechanism of sample collection authorization for samples collect…

A. Access to or disclosure of DNA records and samples collected shall be authorized only in the following circumstances: (1) when used as statistical or research information, and only when all personal identification is removed; or (2) for identification, comparison, and investig…

A. A person may request expungement of his arrestee or offender DNA sample and DNA records from the DNA identification system on the following grounds: (1) that the conviction that led to the inclusion of the offender DNA sample and DNA records in the DNA identification system ha…

A. The written agreement required in Section 29-16-4 NMSA1978 shall: (1) provide for the general terms of the operation and administration of the administrative center; and (2) define the relationship between the DNA oversight committee and the law enforcement agency that adminis…

A. Savings clause. These rules shall be read and interpreted consistent with the provisions of the DNA Identification Act. If a topic is not addressed in these rules, reference shall be made to the DNA Identification Act. B. Annual review. These rules shall be reviewed on, at lea…