New Mexico Administrative Code

Permanent.

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

The objective of Part 7 of Chapter 7: is to provide for the accrual and administration of leave available to employees.

A. "Child" or "Children" means a person or persons 18 years of age or younger who is enrolled in School, and who is or are the biological child(ren), legally adopted child(ren), foster child(ren), stepchild(ren), or legal ward(s) of an employee. B. "Covered active duty or call to…

A. Employees, except those on full-time educational leave with pay, absence without leave, leave without pay, unpaid 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 years of cumulative employment, (2)…

A. Employees may donate annual or sick leave to another employee in the same agency for a medical emergency with approval of the head of the agency. Employees may also make and receive donations of annual leave to and from employees in the exempt service in the same agency for a …

State Personnel Board.

A. The SPO director shall maintain a list of positions designated by the agencies as being safety-sensitive. B. All candidates for safety-sensitive positions are required to submit to drug testing after an offer of employment is made and prior to final selection. C. Agencies that…

A. Unless otherwise specified in 1.7.8 NMAC, 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 forensic…

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. For employees who have undergone …

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. Candidates for a safety sensitive position 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 agency's substance abuse coordinator for a review of the test results by the medical review of…

Candidates who have sought review of their positive drug or alcohol urine tests by the medical review officer and all employees who tested positive for drugs or alcohol urine tests may elect to have, at their expense, an aliquot of the original urine specimen retested by another …

No laboratory reports or test results shall appear in the employee's personnel file unless he or she is subject of a disciplinary action taken in accordance with the provisions of 1.7.8 NMAC. Laboratory reports or test results shall be placed in a special locked file maintained b…

A. Candidates for employment: (1) A candidate for employment in a safety-sensitive position shall be rejected for selection when he tests positive for drugs and does not seek review by the medical review officer or cannot satisfactorily explain the positive test results. (2) An e…

The board may authorize a pilot program to evaluate impairment testing. Such pilot programs may authorize variances from provisions of 1.7.8 NMAC, including random drug testing for participants in the pilot program.

All state agencies in the classified service.

Subsection A of Section 10-9-10 NMSA 1978.

Permanent.

January 14, 2025, unless a later date is cited at the end of a section.

The objective of Part 8 of Chapter 7 is: to require every state agency to provide its 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 parame…

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. Employees in safety-sensitive positions within the meaning of the Omnibus Transportation Employee Testing Act of 1991 ("Omnibus Act" (49 U.S.C. Subtitle VI Part B § 31306) are exempt from and are not covered by the provisions of 1.7.8.7 NMAC and 1.7.8.9 NMAC through 1.7.8.19 N…

A. Each agency shall appoint a substance abuse coordinator who shall be responsible for the agency's drug and alcohol abuse program. B. The substance abuse coordinator shall provide drug and alcohol abuse awareness information to employees including but not limited to the:(1) dan…

State Personnel Board.

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 SPO director shall report to the board on the record of each agency in conducting performance appraisals of its employees in the classified service. Agencies shall cooperate with the director, in accordance with the provisions o…

All state agencies in the classified service.

Subsection A of Section 10-9-10 NMSA 1978 and Section 10-9-15 NMSA 1978.

Permanent.

January 14, 2025, unless a later date is cited at the end of a section.

The objective of Part 9 of Chapter 7 is: to provide for the regular appraisal and documentation of employee performance and review of agency compliance in conducting performance appraisals.

A. The performance of managers and employees shall be documented on a State Personnel Office (SPO) director approved appraisal form that includes: (1) basic employee information (employee's name, working title, employee identification number, position number, anniversary date, an…

A. Managers and supervisors must successfully complete a director-approved course of study on employee performance appraisal within 90 days of hire into a supervisor or manager position, and a refresher course every three (3) years, or as needed. B. The performance appraisal of a…

State ethics commission (the commission), 800 Bradbury Dr. SE, Ste. 215, Albuquerque, NM 87106.

A. Upon receipt of an informal complaint or a referral, the director shall assess whether the informal complaint alleges a violation of the ethics laws and is supported by sufficient evidence for a reasonable person to conclude that a violation has occurred. B. To complete the as…

A. The director may initiate an investigation if there is an articulable factual basis that reasonably indicates that the subject of the investigation has violated or in the immediate future will violate the ethics laws and the investigation is a reasonable use of Commission reso…

A. If, after an assessment pursuant to 1.8.1.10 NMAC or an investigation pursuant to 1.8.1.11 NMAC, the director concludes that the subject of the investigation has violated or will violate the ethics laws, the director shall ask the Commission to approve the initiation of a civi…

If the director determines that an informal complaint is unsubstantiated, does not imply a violation of the ethics laws, or that the assessment or investigation is not a reasonable use of Commission resources and personnel, the director may decide to take no further action on the…

When a rule issued by the commission refers to another rule, regulation or statute, or other document, the reference, unless stated specifically to the contrary, is continuous and intended to refer to all amendments of the rule, regulation, statute or document.

Unless the context otherwise requires: A. Singular/plural. Words used in the singular include the plural; words used in the plural include the singular. B. Gender. Words used in the neuter gender include the masculine and feminine. The personal pronoun in either gender may be use…

The director may prescribe forms to carry out specified requirements of these rules or the state ethics commission act. Prescribed forms, or their substantial equivalent, must be used when available, unless these rules state otherwise or the director waives this requirement in wr…

A. By mail: Director, State Ethics Commission, 800 Bradbury Dr. SE, Ste. 215, Albuquerque, NM 87106. B. In person: State Ethics Commission, 800 Bradbury Dr. SE, Ste. 215, Albuquerque, NM 87106. C. By email: ethics.commission@sec.nm.gov.

The time, location, and format of commission meetings is determined in accordance with this section. A. Time, place, and duration. The commission chair, in consultation with the director, shall determine the time, place, format, and duration of commission meetings necessary to co…

In computing any period of time prescribed or allowed by these rules, the day from which the period of time begins to run shall not be included. The last calendar day of the time period shall be included in the computation, unless it is a Saturday, Sunday or a day on which the st…

The rules of Chapter 8 provide for and govern the organization and administration of the state ethics commission.

If any provision of Chapter 8 of these rules, or the application or enforcement thereof, is held invalid, such invalidity shall not affect other provisions or applications of Chapter 8 of these rules which can be given effect without the invalidated provisions or applications, an…