New Mexico Administrative Code

Permanent

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

To explain the procedures and requirements governing promulgation, adoption, amendment and appeal of rules and regulations for the New Mexico department of workforce solutions employment security division.

RESERVED

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

General public

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

A. Upon filing an initial claim, an additional claim, or a reopened claim, the claimant shall be subject to a waiting week period before the commencement of benefits begins. B. Unless otherwise prescribed, any claimant wishing to claim benefits shall register for work, file an in…

In order to establish and maintain eligibility for benefits a claimant cannot be subject to an administrative penalty pursuant to Subsection C of 11.3.300.314 NMAC, shall continue to report weekly as directed, and file continued claims for benefits online, by phone, or as otherwi…

A. Any response to a request for information from the department must be received by the department within 10 calendar days from the date transmitted. Responses to requests for additional information must be received within two business days from the date of transmission. B. The …

A. If the department finds good cause for a claimant's failure to timely file a continued claim, the claimant may file a late continued claim provided the certification is filed within 14 days of the last day of the week requiring certification. B. A certification not processed d…

A. Application of alternate base period: If a claimant is determined ineligible because the claimant does not have sufficient wages during the base period to qualify for benefits and is not eligible for a regular claim in any other state or a combination of states and the claiman…

A. Notice to employer of filing of claim: Whenever a claimant files an initial claim for benefits or an additional claim, the department shall immediately transmit to the claimant's last known employer, at the address of the employer as registered with the department, if so regis…

A. PARTIALLY UNEMPLOYED CLAIMANTS: Claimants are partially unemployed in any week in which their usual full-time employment is reduced to less than the normal full-time hours customarily scheduled and prevailing in the establishment in which they are employed, and their wages fal…

A. REGISTRATION FOR WORK: (1) Each interstate claimant shall be registered for work, through any public employment office in the agent state when and as required by the law, regulations, rules, policies and procedures of the agent state. The registration shall be accepted as meet…

All combined-wage claims shall be subject to the provisions of the interstate arrangement for combining employment and wages, the interstate benefit payment plan, the regulations and guidelines prescribed by the United States secretary of labor, and the applicable provisions of t…

A. APPLICATION OF OTHER RULES: The pertinent provisions of the law and rules that apply to regular claimants apply also to claimants for extended claims insofar as such rules pertaining to regular claimants are not inconsistent with the provisions of this rule. B. FILING CLAIMS: …

A. WEEK OF UNEMPLOYMENT: Weeks of unemployment and claims shall be on a calendar week basis, except as prescribed in the case of partial unemployment, or as the department may direct otherwise in any case where it appears some other "week" may better secure the full payment of be…

A. Claimant Fraud: (1) Subsection F of Section 51-1-38 NMSA of the Unemployment Compensation Law provides: "Notwithstanding any other provision of the Unemployment Compensation Law, including the provisions of Subsection J of Section 51-1-8 NMSA 1978, if any individual claiming b…

A. Each eligible claimant who, pursuant to a pension or retirement plan financed in whole or in part by a base-period employer of the claimant shall have the weekly benefit amount reduced, but not below zero, by the prorated amount of the pension, retirement pay, annuity or other…

A. Except for students in approved training in accordance with Subsection E of Section 51-1-5 NMSA 1978 and 11.3.100.103 NMAC, the availability of benefits for full-time students shall be determined in accordance with the provisions of Subsection E of Section 51-1-5 NMSA 1978 and…

A. The following payments made to a claimant are considered wages that must be reported by the claimant at the time they are earned and which are deductible from any benefits otherwise payable to the claimant for the week or weeks covered by such payments: (1) Wages in lieu of no…

A. If prior to the claimant's death, a claimant had filed a weekly certification, for benefits which were unpaid at the time of the claimant's death, the benefits shall be paid to the deceased claimant's court-appointed executor, administrator or personal representative. If the d…

In determining whether a claimant has earned wages to requalify for benefits after imposition of a disqualification under the provisions of Section 51-1-7 NMSA 1978, the following shall apply: A. Wages required to requalify will include both covered and non-covered wages, but wil…

A. WORK SEARCHES: To qualify for continued benefits, a claimant must: (1) be a member of a union with a hiring hall or a referral hall and meet the union requirements for job referral or placement;(a) the claimant must be a member in good standing at the time of certification; (b…

A claimant shall be eligible to receive benefits with respect to any week only if the claimant participates in reemployment services such as job search assistance services, if the claimant has been determined to be likely to exhaust regular benefits, and needs reemployment servic…

A. A claim may be canceled by the claimant at any time after an initial or amended monetary determination even though final, provided that no disqualifying determination has been issued nor any benefits paid on the claim. Requests for cancellation must be made by the claimant or …

A. The department shall provide each claimant filing a new claim for benefits with the following information in documented form: (1) benefits are subject to federal, state and local income tax; (2) requirements exist under federal law pertaining to estimated tax payments; (3) a c…

A. Deferred collections: From time to time, the department may, at its discretion determine that is it not economically efficient to actively pursue collection of certain overpayments due to the claimant's situation or the department's resources. The department may cease or forbe…

A. Trade acts or any enacted federal extension program overpayment waivers: The department shall use the process set forth in this subsection to evaluate disputes of overpayments paid under the Trade Acts, the Trade Adjustment Assistance (TAA), Trade Readjustment Assistance (TRA)…

A. A claimant is eligible for waiting period credit or benefits if the claimant voluntarily leaves work due to circumstances directly resulting from domestic abuse. (1) "Domestic abuse" means abuse as defined in Section 40-13-2 NMSA 1978, and includes but is not limited to any in…

A. A claimant is eligible to receive benefits in the amount of $25 for each unemancipated child, up to a maximum of two children, and not to exceed fifty percent of the claimant's weekly benefit amount. B. The claimant shall declare the dependents' allowance on the date that the …

A. Apprentices participating in an approved apprenticeship program registered with the Apprenticeship Office through the department of workforce solutions who are required to attend unpaid training sessions during weeks in which they are not otherwise receiving compensation may b…

Permanent

November 1, 2018, unless a different date is cited at the end of a section.

The purpose of this rule is to provide clarification of the Unemployment Compensation Law. This rule assists claimants and employers in better understanding how specific sections of the law are administered by the department. The rule also assists claimants and employers to bette…

A. "Additional claim" means a claim application which reactivates a claim during an existing benefit year or other eligibility period and certifies to a period of employment other than self-employment which occurred subsequent to the date of filing the last initial, additional or…

New Mexico Department of Workforce Solutions, Workforce Transition Services Division.

General public

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

Permanent

A. Records of Employing Units: (1) Each employing unit shall keep true and accurate employment and payroll records which shall include, with reference to the employing unit the name and correct address of such employing unit, and the name and correct address of each branch or div…

Each employer shall report an employee's social security account number in making any report required by the department with respect to such employee. If the employee has no such number, the employer shall request the employee show the employer a receipt issued by the social secu…

Each employer, including each person or entity which has elected, with the approval of the department, to become an employer, shall post and maintain printed notices to individuals in its employ informing them that they are covered under the provisions of the Unemployment Compens…

A. QUARTERLY EMPLOYMENT & WAGE DETAIL REPORT:(1) An employer's wage and contribution report must be filed electronically on the department's web page on or before the last day of the month immediately following the end of the calendar quarter. If the due date falls on a Saturday,…

The contributions imposed on any individual or employing unit subject to the Unemployment Compensation Law of New Mexico other than an employer who has elected to become liable for payments in lieu of contributions shall be due and payable for each calendar quarter with respect t…

A. All contributions shall become due on and shall be paid on or before the last day of the month immediately following the close of the calendar quarter for which they are payable, and any employer failing to pay any contribution when due shall be delinquent. The department shal…

A. The first contribution payment of any employing unit which becomes an employer within any calendar quarter of any calendar year shall become due and payable on or before the last day of the month immediately following the quarter for which such contributions have accrued, and …