New Mexico Administrative Code

Future amendments: no future amendment to 11.5.6 NMAC shall affect any administrative or judicial enforcement action pending on the effective date of the amendment.

NMSA 1978, Sections 50-9-7, 50-9-13, and 74-1-8.

Permanent.

June 1, 2004, unless a later date is cited at the end of a section.

To establish standards related to the occupational health and safety of employees in the convenience store industry.

Unless otherwise specified, the following definitions, in addition to those contained in 11.5.1.7 NMAC and the state act, are applicable to this part. A. "American society for testing materials standard D3935-02" means the American society for testing materials classification sta…

All convenience stores shall be equipped with the following security devices and standards: A. Exterior lighting: The employer shall provide and maintain exterior lighting during all evening and nighttime operating hours that ensures clear visibility of the parking areas, walkway…

New Mexico Department of Workforce Solutions, Labor Relations Division.

All day labor employers in New Mexico.

Section 50-15-1 to 50-15-7 NMSA 1978.

Permanent.

December 15, 2008, unless a later date is cited at the end of a section.

The objective of this rule is to establish regulations necessary for the enforcement of the Day Laborer Act.

A. "Check cashing service" means a business that offers to cash checks or other payment instruments or that advertises that it cashes checks or other payment instruments. B. "Day labor" means employment that is under a contract between a day labor service agency and a third-party…

The following agencies that provide employees on a short-term or otherwise temporary basis are exempted from the provisions of the Day Labor Act and these regulations: A. business entities registered as farm labor contractors; B. temporary services employment agencies where advan…

A. Where day labor employment lasts less than one week, wages shall be paid at the end of each workday or sooner if requested by the day laborer. B. Where day labor employment lasts more than a week, wages shall be paid at the end of each workweek or sooner if requested by the da…

New Mexico Department of Workforce Solutions, Labor Relations Division.

A. If a day labor service agency provides a check cashing service, is a check cashing service, or allows a check cashing service to operate on its premises, it cannot charge a day laborer an amount in excess of two dollars ($ 2.00) for cashing a check or payment instrument that i…

All day labor and third party employers in New Mexico.

Section 50-15-1 to 50-15-7 NMSA 1978.

Permanent.

December 15, 2008, unless a later date is cited at the end of a section.

The objective of this rule is to establish regulations necessary for the enforcement of the Day Laborer Act.

[RESERVED]

A day labor service agency and third-party employer shall: A. compensate a day laborer for all hours worked or otherwise due and owed to the day laborer; B. compensate day laborers for hours worked by providing or making available commonly accepted payment instruments that are pa…

A. A day labor service agency shall not restrict the right of a day laborer to accept a permanent position with a third-party employer to whom the day laborer has been referred for work or otherwise restrict the right of a third-party employer to offer employment to a day laborer…

New Mexico Department of Workforce Solutions, Labor Relations Division.

All day labor employers in New Mexico.

Section 50-15-1 to 50-15-7 NMSA 1978.

Permanent.

December 15, 2008, unless a later date is cited at the end of a section.

The objective of this rule is to establish regulations necessary for the enforcement of the Day Laborer Act.

[RESERVED]

A. Complaint forms alleging a violation of the Day Laborer Act are available at the Department of Workforce Solutions, 625 Silver Ave SW Suite 410 Albuquerque, NM 87102, and on the department of workforce solutions website (www.dws.state.nm.us), in English and Spanish. B. Day Lab…

A. Any day labor service agency, or its employee or agent, or any third-party employer or its employee or agent, who hires a day laborer and fails to pay a day laborer for work performed or time due, is liable for full payment of the wages not paid and civil damages equal to twic…

Regulation and Licensing Department - New Mexico Securities Division.

If any provision of these rules shall be determined to be invalid, such invalidity shall not affect other provisions which can be given effect without the invalid provision, and to this end the provisions of these rules are declared severable.

The fees set forth in this section do not include fees set by statute or as determined elsewhere in these rules; are expressly prescribed for the expenses of various matters arising pursuant to authority under the New Mexico Uniform Securities Act; are chargeable to the applicant…

A. Application of rule. These rules govern proceedings conducted pursuant to Section 58-13C-604 B of the New Mexico Uniform Securities Act. B. Service. Service of subpoenas, notices of intent, summary orders, notices of opportunity for hearing and final orders shall be made eithe…

A. The following uniform forms promulgated by the SEC, including subsequent amendments, are hereby adopted by reference for use in New Mexico: (1) "Form ADV", uniform application for investment adviser registration; (2) "Form ADV-E", uniform certificate of accounting of client se…

All persons, whether natural or legal entities, that transact business in New Mexico as a broker-dealer, an investment adviser or an issuer of securities, and their representatives and agents.

Section 58-13C-605 A NMSA 1978 authorizes the director to adopt, amend and repeal rules necessary or appropriate to carry out the provisions of the New Mexico Uniform Securities Act, Sections 58-13C-101 to 701 NMSA 1978, hereinafter referred to in this Chapter 11 as the "New Mexi…

Permanent.

January 1, 2010, unless a later date is cited at the end of a section.

To implement new rules and revise existing rules to better reflect the realities of current financial, commercial and regulatory principles and practices affecting the securities markets.

The definitions in this section apply throughout the New Mexico Uniform Securities Act and the rules in Title 12 Chapter 11 NMAC unless the context otherwise requires. A. "Affiliate" means a person who directly or indirectly through one or more intermediaries, controls, is contro…

The director finds that adoption of these rules is in the public interest, appropriate for the protection of investors and consistent with the purposes fairly intended by the policy and provisions of the New Mexico Uniform Securities Act.

Regulation and Licensing Department - New Mexico Securities Division.

A. A corporation issuing securities that are exempt from registration with the SEC under Rule 504 of Regulation D of the Securities Act of 1933 shall use registration form U-7, small company offering registration form, when registering such securities in this state. B. Use of SCO…