New Mexico Administrative Code
Title 11 - LABOR AND WORKERS' COMPENSATION
Chapter 1 - LABOR GENERAL PROVISIONS
Part 2 - PUBLIC WORKS MINIMUM WAGE ACT POLICY MANUAL
Section 11.1.2.17 - PROCEDURE FOR DISPOSITION OF APPEALS
Universal Citation: 11 NM Admin Code 11.1.2.17
Current through Register Vol. 35, No. 18, September 24, 2024
A. Purpose and scope: The regulations contained in this part set out the procedures by which appeals may be filed, and by which the labor and industrial commission, sitting as the appeals board, hears and decides appeals pursuant to Section 13-4-15 NMSA 1978. The intent of this part is to clarify and implement the responsibilities and rights of all interested parties as set out in the Public Works Minimum Wage Act, Sections 13-4-11 through 13-4-17 NMSA 1978
B. Filing the appeal:
(1) The notice of appeal shall, consistent
with Subsection A of Section
13-4-15 NMSA
1978, be filed with the director within 15 days after a determination, finding,
rule, or regulation has been issued or any other action taken, and notice of
the action has been given pursuant to Section 16 of 11.1.2 NMAC of these rules
and regulations or otherwise.
(2)
The appellant shall, within 10 days after filing the appeal, file with the
labor and industrial commission, in care of the office of the director, a
concise statement of all determinations, findings or actions of the director
with which the appellant disagrees and from which the appeal is taken, and a
brief setting forth the reasons and authorities on which the appeal is
based
(3) Within 10 days after the
filing of the statement and brief, the director shall file a response setting
forth the director's justification and authorities relied upon for the
determination, findings, or action being appealed from which the appeal is
being taken.
(4) Any interested
person other than the appellant, directly affected by the determination,
finding or action of the director, such as, contractors, contracting agencies,
labor organizations and contractors' associations, may intervene and file a
statement and brief, and may participate in the hearing conducted by the labor
and industrial commission.
(5) The
commission shall furnish copies of the statements, briefs, and answers filed in
the appeal to the attorney general, and may request the attorney general to
appoint independent counsel to represent it at the hearing.
C. Conducting the hearing:
(1) The hearing shall be conducted by the
commission within 40 days after the filing of the appeal.
(2) The commission shall decide all matters
brought before it by a quorum which shall consist of two members. Prior to a
hearing, the commission shall designate a chairman who shall conduct the
meetings and rule on the admissibility of all evidence submitted by and
objections of any participant.
(3)
The commission shall not be required to follow strict rules of evidence and
shall have authority to admit any evidence which it concludes has probative
value, but irrelevant, immaterial, or unduly repetitious evidence shall be
excluded.
(4) The commission shall
make its decision as to the validity or invalidity of the determination,
finding, or action of the director based on substantial evidence on the whole
record made before it. The appellant shall present his case first, subject to
opportunity to present evidence in rebuttal.
(5) The appellant shall present evidence
first, any interested party shall present its evidence next and after the
director has presented evidence in support of the determination, findings or
action that is the subject of the appeal, the appellant shall have the
opportunity to present evidence in rebuttal of any evidence presented by the
director or any interested person.
(6) Each party shall be given an opportunity
by the commission to make a closing statement in support of the position of the
party regarding the determination, findings, or action that is the subject of
the appeal.
(7) The commission may
adjourn, continue, or reschedule the hearing on the appeal as deemed necessary
to afford all parties a fair and reasonable opportunity to be heard.
D. Decision by the labor and industrial commission:
(1) The commission
shall, pursuant to Subsection C of Section
13-4-15 NMSA
1978, enter and file its decision, containing a concise statement of the
principal reasons upon which the decision is based including findings of fact
and conclusions of law within 10 days after the close of the hearing and
promptly mail copies of the decision and statement to the participants of the
hearing.
(2) The effective date of
a decision by the commission concerning violations of the Public Works Minimum
Wage Act shall be stayed for 30 days from the date of the filing of the
decision to allow any party the opportunity to file an appeal to the district
court pursuant to the provisions of Section
39-3-1.1
NMSA 1978.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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