New Mexico Administrative Code

The scope of Part 5 of Chapter 21 applies to public employers and labor organizations as defined by the Public Employee Bargaining Act (1-7E-1 to 10 7E-26 NMSA 1978).

Authority for Part 5 of Chapter 21 is the Public Employee Labor Relations Act NMSA Sections 1 through 26 (10-7E-1 to 1-7E-26 NMSA 1978).

Permanent.

March 15, 2004, unless otherwise cited at the end of the section.

The objective of Part 5 Chapter 21 is to provide procedures necessary for a public employer other than the state to comply with the provisions of Sections 10-7E-9 and 10-7E-10 NMSA 1978 (2020) for continued operation of a local labor board.

[RESERVED]

Any local board approved pursuant to Subsection A above, shall submit the affirmation required by Subsection D of Section 10 of the Act between November 1, and December 31 of each odd numbered year. Affirmations shall be filed with the board in accordance with NMAC 11.21.1.10 and…

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

New Mexico Department of Workforce Solutions,, P.O. Box 1928, Albuquerque, NM 87103

Any report, response or other document required to be filed by the Unemployment Compensation Law or these rules, and any appeal, notice or other pleading required to be filed with the department shall be deemed filed on the date it is received by the department or, if mailed, as …

A. If a claimant receives any wages in a medium other than cash, the reasonable cash value of any compensation other than cash shall be deemed for all purposes of the Unemployment Compensation Law to be either: (1) the amount agreed upon between the employing unit and the claiman…

A. All information and statements required of an individual by the department in furtherance of the department's duties are deemed material. B. All submissions to the department of information and statements are deemed made as an affirmation or oath under penalty of perjury pursu…

A. Money owed by the department to individuals or entities which amounts are equal to or less than the combined total amount of $5.00 in any quarter shall be retained on the department's books as a credit to that individual, entity or account, but no check or payment shall be iss…

A. The department requires employers, employing units and claimants to provide their federal tax identification numbers or social security numbers as a means of verifying identity and eligibility for benefits under the Unemployment Compensation Law. The department may verify all …

A. The Public Records Act permits the inspection of public records of this state "except as otherwise provided by law," Paragraph (8) of Subsection A of Section 14-2-1 NMSA 1978. Section 51-1-32 NMSA 1978 requires that "information obtained from employers, employing units or clai…

A. For the convenience of the department, its employees, its customers and the general public, the department operates and maintains one or more websites to provide a portal to services offered by the department. The website contains original material pages and material developed…

[RESERVED]

A. Official communications with the department shall contain all material customarily found on paper forms. B. Electronic forms and records used by the department shall clearly indicate the purpose of the form, instructions for completion and submission electronically, informatio…

General Public

NMSA 1978 Sections 51-1-1 to 51-1-59.

Permanent

July 15, 1998, unless a later date is cited at the end of a section.

To explain the general New Mexico department of workforce solutions rules and regulations addressing the Unemployment Compensation Law.

In addition to the definitions found in the individual parts and sections, the following definitions apply in Parts 100 through 500 of Title 11, Chapter 3: A. "Claim" means a request for benefits pursuant to the Unemployment Compensation Law. B. "Contribution" means the state une…

New Mexico Department of Workforce Solutions, Employment Security Division, P.O. Box 1928, Albuquerque, NM 87103

General public

A. Prior to the adoption, amendment or repeal of any rule or regulation, the secretary shall: (1) publish one notice of its proposed action at least thirty days prior thereto in the New Mexico register and on the department's website; (2) notify any person or group filing a writt…

Prior to the adoption, amendment or repeal of any rule or regulation, the secretary shall conduct a public hearing and afford all interested persons a reasonable opportunity to submit data, views and arguments orally or in writing concerning the proposed action; however, if the s…

The secretary shall consider fully all written and oral submissions respecting the proposed regulatory action. All persons attending the public hearing or making oral or written submissions to be considered in connection with the proposed action shall be given a copy of the final…

If the secretary finds that immediate adoption, amendment or suspension of a rule or regulation is necessary for preservation of the public peace, safety or general welfare, the secretary may dispense with the requirements of notice and hearing and adopt, amend or suspend a regul…

The secretary shall file each rule or regulation, amendment or repeal thereof in accordance with the State Rules Act, and each rule or regulation, amendment or repeal shall be effective after it is filed with the state records center and published in the New Mexico register. The …

A. Any interested person may petition the secretary requesting the promulgation, amendment or repeal of any rule. (1) When any person is requesting the promulgation of a rule, the individual shall submit a petition which sets forth in full the proposed rule and includes all of th…

A. Any person whose interests, rights or privileges will be significantly affected by any provision of the Unemployment Compensation Law or any rule or regulation promulgated thereunder may petition the secretary for a declaratory ruling as to the applicability of to the law, rul…

NMSA 1978 Sections 51-1-1 to 51-1-59.