New Mexico Administrative Code

The objective of Part 12 of Chapter 7 is: to provide a system for career status employees to appeal disciplinary actions to the personnel board and to provide a process for the personnel board to hear complaints against workers' compensation judges.

For purposes of 1.7.12.24 NMAC. A. "Complaint" means a sworn statement of the alleged facts underlying the claim that a judge has violated one or more of the canons of the code of judicial conduct as adopted by the supreme court, except canon 21-900 of that code; and; B. "Judge" …

A. Employees who have completed the probationary period as required by Subsection A of 1.7.2.8 NMAC and have been demoted, dismissed, or suspended have the right to appeal to the board for a public hearing before a hearing officer designated by the board. B. A notice of appeal mu…

A. An agency may withdraw a completed disciplinary action prior to commencement of a personnel board appeals hearing so long as the appellant is fully restored to pre-disciplinary status insofar as employment, back pay and benefits are concerned. B. Upon agency withdrawal of a di…

State Personnel Board.

The Board shall determine the effective date of Rules, which shall be filed with the Records Center.

The Board may adopt, amend, or suspend a Rule as an emergency, without compliance with 1.7.13.8 NMAC and 1.7.13.9 NMAC, if the Board determines that it is in the public interest. An action to adopt, amend, or suspend a Rule pursuant to this Rule shall not be effective for longer …

Rules, including emergency Rules, adopted, amended, or repealed by the Board shall be published in the New Mexico Register.

The Board may authorize demonstration projects which may require the temporary suspension of the Rules when the Office and the agency(ies) agree to utilize such a project to improve operations.

All state agencies in the classified service.

NMSA 1978, Section 10-9-10(A) (Repl. Pamp. 1995), NMSA 1978, Section 10-9-13 (Repl. Pamp. 1995), NMSA 1978, Section 10-15-1 (Repl. Pamp. 1995) and NMSA 1978, Section 14-4-7.1 (Repl. Pamp. 1995).

Permanent.

07/07/01 unless a later date is cited at the end of a section.

The objective of Part 13 of Chapter 7 is: to provide a process for adoption, amendment, or repeal of a State Personnel Board Rule.

[RESERVED]

A. The Director shall provide an opportunity for agencies and interested parties to comment on proposed rule changes at least 30 calendar days prior to the adoption, amendment or repeal of any Rule. B. At least 30 calendar days prior to the adoption, amendment, or repeal of any R…

The Board shall hold a public hearing on the proposed action. Interested persons or duly authorized representatives shall have the opportunity to submit written statements or make oral presentations.

State Personnel Board.

Employees in term status who complete the one year probationary period required by 1.7.2.8 NMAC shall have all of the rights and privileges of employees in career status except that term appointments may be expired due to reduction or loss of funding or when the special project o…

Temporary appointments may be expired with at least 24 hours written notice to the employee without right of appeal to the board.

A. An emergency appointment is the employment of an apparently qualified applicant when an emergency condition exists and there are no applicants available on an appropriate employment list. B. No employee may hold an emergency appointment longer than 90 calendar days in any 12-m…

The expiration of a term, probationary, emergency or temporary appointment shall not be considered to be a layoff within the meaning of 1.7.10.9 NMAC or a dismissal within the meaning of Subsection L of 1.7.1.7 NMAC.

Agencies shall require that a form be signed by all employees at the time of appointment acknowledging the terms and conditions of the appointment.

All state agencies in the classified service.

NMSA 1978, Section 10-9-10(A); NMSA 1978, Sections 10-9-13(E), (J); and NMSA 1978, Section 10-9-18(A).

Permanent.

07/07/01 unless a later date is cited at the end of a section.

The objective of Part 2 of Chapter 7 is: to describe various types of appointments in the classified service and to describe employees' rights in the classified system.

A. "Career appointment" is the employment of a candidate in a position recognized by the office as permanent. B. "Term appointment" is the employment of a candidate in a position created for a special project or a state or federally funded program with a designated duration. C. "…

A. A probationary period of one year is required of all employees unless otherwise provided for by these rules. B. The probationary period includes all continuous employment in the classified service except temporary service. C. A break in employment of at least one work day or m…

An employee in a career appointment attains career status beginning the day following the end of the probationary period required by 1.7.2.8 NMAC unless otherwise provided for by these rules.

State Personnel Board.

On a date determined by the director, employees affected by a classification study shall be assigned to the resulting new classification which best represents the job performed without having to meet the established requirements, unless minimum qualifications are required by law.

All state agencies in the classified service.

NMSA 1978, Section 10-9-13(A).

Permanent.

07/07/01 unless a later date is cited at the end of a section.

The objective of Part 3 of Chapter 7 is: to provide for a uniform and flexible system for the classification of state positions that supports the mission of state agencies, is adaptable to change, ensures that all positions are assigned to their appropriate classification, and se…

"Classification plan" means a document developed by the director and approved annually by the board, that describes the board's classification philosophy and is the foundation for ensuring consistent application of the philosophy.

A. The director, pursuant to direction from the board, shall establish, maintain and, in conjunction with state agencies, administer a classification plan for all positions throughout the classified service. B. The board establishes a classification through the review, approval a…

A. The director, in conjunction with state agencies, shall ensure that each position in the classified service is assigned to the classification that best represents the duties assigned by the employer and performed by the employee. B. When a filled position is assigned a classif…

State Personnel Board.

A. The director shall recommend to the board the assignment of an alternative pay band(s). B. Alternative pay band(s) will be utilized to address compensation related to recruitment and retention issues. C. Requests for alternative pay bands must meet criteria established in the …

A. Based on the pay plan, the director shall develop and maintain salary schedules for the classified service that shall consist of pay bands. B. No employee in the classified service shall be paid a salary less than the minimum nor greater than the maximum of their designated pa…

A. Entrance salary: Upon entrance to a classified position, a newly appointed employee's salary, subject to budget availability, should reflect appropriate placement within the pay band. Any entrance salary in the principal contributor zone must receive approval from the director…

A. Temporary recruitment differential: The director may authorize, in writing, a pay differential of up to fifteen percent (15%) of an employee's base pay to an employee who fills a position which has been documented as critical to the effective operation of the agency and has be…

A. Agencies are responsible for the evaluation of each employee's position and duties in order to determine their overtime status as set forth under the Fair Labor Standards Act. B. Agencies shall provide documentation to employees as to the determination of their overtime status…

A. Employees who are directed to return to work after completing their normal or alternative work schedule and before their next normal or alternative work schedule: (1) shall be paid in accordance with the provisions of 1.7.4.14 NMAC, if the time worked results in overtime; or: …

A. In accordance with the provisions of the Fair Labor Standards Act, agencies shall develop a policy to compensate employees directed to remain on-call after their normal or alternative work schedule. B. Agencies shall file their on-call compensation policy with the office. Subs…

A. When an authorized holiday falls on an employee's regularly scheduled workday and the employee is not required to work, the employee shall be paid at their hourly rate of pay for the number of hours they would have normally worked. B. Full-time employees, whose normal work sch…