New Mexico Administrative Code

Paragraph 2 of Subsection A of Section 10-16G-5, State Ethics Commission Act, Section 10-16G-1 NMSA 1978; Section 10-16-13.1, Governmental Conduct Act, Section 10-16-1 NMSA 1978, Subsection (C) of Section 10-15-1, Open Meetings Act, Section 10-15-1 NMSA 1978.

Permanent.

January 1, 2020, unless a later date is cited at the end of a section, in which case the later date is the effective date.

The rules of Chapter 8 are promulgated to ensure that the state ethics commission is administered so that it works effectively, efficiently and fairly to achieve its constitutional and statutory mission. That mission is to ensure compliance with all applicable public ethics laws …

A. "Administrative complaint" means an allegation of an actual or potential violation of ethics laws in a sworn complaint, as fully described in Subsection D of Section 10-16G-2 NMSA 1978. B. "Advisory opinions" are opinions written by the commission responding to questions prese…

Without limiting the duties and powers conferred by statute, the director shall have the power to: A. review complaints filed with the commission for jurisdiction; B. refer complaints over which the commission has jurisdiction to the general counsel for investigation and possible…

A. Advisory opinions. The commission may issue advisory opinions on matters related to ethics upon request.(1) A request for an advisory opinion must be in writing, and must be submitted by a public official, public employee, candidate, person subject to the Campaign Reporting Ac…

State ethics commission (the commission), 800 Bradbury Dr. SE, Ste. 217, Albuquerque, NM 87106.

A. Upon recusal or disqualification of two or more commissioners from a proceeding, the remaining commissioners shall, by a majority vote, appoint temporary commissioners to participate in that proceeding. B. Temporary commissioners shall be appointed in accordance with the polit…

This part applies to all proceedings, cases, and hearings before the commission and all parties that appear before the commission, unless a more specific statutory or regulatory provision applies to the specific type of hearing being conducted.

Subsection H of Section 10-16G-7 of the State Ethics Commission Act, Section 10-16G-1 NMSA 1978.

Permanent.

January 1, 2020, unless a later date is cited at the end of a section, in which case the later date is the effective date.

The objective of this part is to ensure that all decisions and actions taken by the state ethics commission are free of undue or unlawful influences of any kind, real or apparent. The rule requires commissioners to evaluate their personal interests and attitudes, and to fairly an…

A. "Disqualification" means the removal by the commission of a commissioner from involvement in a matter of any kind upon a motion by any party alleging a real or apparent conflict of interest or other cause that reasonably calls into question the commissioner's ability to act im…

A. GROUNDS FOR RECUSAL: A commissioner shall recuse from a matter in which the commissioner is unable to make a fair and impartial decision, or in which there is reasonable doubt over whether the commissioner can make a fair and impartial decision, because the commissioner: (1) h…

A. A commissioner who has recused or been disqualified on a matter: (1) shall not participate further in any proceedings relating to the matter; (2) shall be excused from the meeting for any part of the proceedings relating to the matter. B. The minutes of the commission meetings…

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

A. Within seven days of receiving a complaint, the director shall notify the respondent of the filing of the complaint; provided that, for any complaint filed pursuant to Subparagraph (a) of Paragraph (1) of Subsection A of 1.8.3.9 NMAC, the director shall ensure that the complai…

A. Upon receiving notice of the director's determination that the commission has jurisdiction over the complaint, the general counsel shall determine whether the complaint is frivolous or unsubstantiated, or supported by probable cause. B. To perform the investigation into whethe…

A. If the general counsel determines it is necessary, the director shall request the commission's authority to file a petition with the designated district court judge or other judge pro tempore as designated pursuant to order of the chief judge of the supreme court:(1) to issue …

A. At the conclusion of the investigation provided by 1.8.3.11 NMAC, the general counsel shall determine whether the complaint is frivolous or unsubstantiated. (1) If the general counsel determines that a complaint is frivolous or unsubstantiated, a hearing officer must dismiss t…

A. The commission shall authorize the director to contract, for reasonable hourly compensation, with qualified persons to act as hearing officers. Hearing officers shall be assigned to act on or preside over hearings on complaints. Hearing officers must be currently licensed atto…

A. The complainant or respondent may appeal the final decision of the hearing officer within 30 days of the issuance of the decision to the full commission by filing a notice stating:(1) each party taking the appeal and each party against whom the appeal is taken; (2) the name, a…

A. Thirty days after the director provides notice pursuant to Subsection A of 1.8.3.13 NMAC to the respondent of the allegations of a complaint, the general counsel's finding of probable cause, and the setting of the public hearing: (1) the director shall make public the specific…

This part applies to all proceedings, cases, and hearings before the commission and all parties that appear before the commission.

Paragraphs 2 and 3 of Subsection A of Section 10-16G-5 NMSA 1978; Paragraph 5 of Subsection B of Section 10-16G-6 NMSA 1978; Subsection H of Section 10-16G-7 NMSA 1978; Subsection C of Section 10-16G-12 NMSA 1978; Section 1-19-34.8 of the Campaign Reporting Act, Section 1-19-1 NM…

Permanent.

January 1, 2020, unless a later date is cited at the end of a section, in which case the later date is the effective date.

The objective of this part is to provide general procedural rules for proceedings before the state ethics commission.

The following terms apply to these rules unless their context clearly indicates otherwise: A. "Appellant" is a party who requests that the commission review and change the decision of the hearing officer. B. "Appellee" is a party to an appeal arguing that the hearing officer's de…

The director may issue, or withdraw, standing orders addressing general practice issues and filing protocols for the handling of cases before the commission or its hearing officers. Such standing orders will be displayed publicly at commission facilities, any commission website, …

A. The commission shall investigate allegations of violations of any statutes or constitutional provisions over which the legislature gives it jurisdiction. [Such] Complaints concerning such violations may be filed against any public official, public employee, candidate, person s…

State Ethics Commission, 800 Bradbury Dr. SE, Ste. 215, Albuquerque, New Mexico 87106.

A. Outside employment. (1) Duty to avoid conflicts from outside employment. An officer or employee of this agency engaged in paid employment for a business shall ensure that the employment does not conflict with the duties of state employment. (2) Disclosure of outside employment…

A. An officer or employee of this agency should welcome and encourage the public to attend and participate in public meetings: B. An officer or employee of this agency must permit members of the public to inspect this agency's records, unless the records are confidential under th…

A. An officer or employee of this agency may not use their official position to pressure others to participate in political activities. B. An officer or employee of this agency may not use their official position to influence an election or nomination, or otherwise engage in any …

A. An officer or employee of this agency shall not use or disclose confidential information acquired by virtue of the officer's or employee's position with the agency for the officer's or employee's or another person's private gain. B. An officer or employee of this agency shall …

A. This agency shall not permit the hiring, promotion, or direct supervision of an employee by an individual who is related by blood, adoption or marriage within the first, second or third degree to the employee. B. For the purposes of Subsection A of this Section:(1) First-degre…

A. Officers and employees of this agency shall refrain from sexual harassment of any other employee or any other person having business with this agency. B. Examples of sexual harassment include, but are not limited to: (1) sexual innuendo or sexually oriented verbal abuse; (2) s…

A. This agency shall appoint a substance abuse coordinator as required by Subsection A of 1.7.8.10 NMAC, who shall be responsible for the agency's drug and alcohol abuse program under 1.7.8 NMAC. B. The substance abuse coordinator shall provide drug and alcohol abuse awareness in…

A. Violations of the provisions of this code of conduct shall constitute cause for dismissal, demotion or suspension as provided by Subsection C of Section 10-16-11 NMSA 1978. B. This agency shall circulate this code of conduct to all agency officers and employees, require signed…

This part contains a proposed code of ethics for officers and employees of executive and legislative state agencies and other institutions and instrumentalities of the state. Elected statewide executive branch officers and other state agencies must consider this proposed code whe…

Sections 11 and 11.1 of the Governmental Conduct Act, Section 10-16-1 NMSA 1978; and Paragraph 4 of Subsection B of Section 5 of the State Ethics Commission Act, Section 10-16G-1 NMSA 1978.

Permanent.

January 1, 2021, unless a later date is cited at the end of a section, in which case the later date is the effective date.

The objective of this part is to provide the executive and legislative branch agencies of state government and other institutions and instrumentalities of the state with a proposed code of ethics to consider when agencies adopt either a code of ethics under Paragraph 4 of Subsect…

The following terms apply to this part unless their context clearly indicates otherwise: A. "Agency" or "this Agency" means the agency that has adopted this proposed code of ethics. B. "Business" means any person, company or other organization that buys, sells or provides goods o…

A. This Code is organized by subject area rather than by the statutes that concern the various subject matters of this code. B. The Commission publishes and updates extensive commentary and examples corresponding to this Code on the Commission's website. An official or employee o…

This Code is based on, and should be interpreted to advance, the following principles of public ethics: A. Honest services. An officer or employee shall conduct government functions in accordance with the law and free from conflicts of interest. Public office is a public trust; a…