New Mexico Administrative Code
Title 11 - LABOR AND WORKERS' COMPENSATION
Chapter 1 - LABOR GENERAL PROVISIONS
Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN
Section 11.1.4.15 - PENALTIES AND DETERMINATION PROCESS

Universal Citation: 11 NM Admin Code 11.1.4.15

Current through Register Vol. 35, No. 18, September 24, 2024

A. The director of the labor relations division may for cause refuse to issue a pre-authorization certificate to any project that has violated the provision of this act within a two year period.

B. The director will notify the employer within 10 days from the dates requested of a non-issuance of a pre-authorization certificate.

C. Any affected party may request a reconsideration of the director's actions, in writing, within 10 days.

D. The director may schedule an administrative hearing when, in their judgment, it would facilitate resolution of the complaint. The conduct of the hearing is not governed by the Administrative Procedures Act, but rather by procedures established by the LRD. (50-1-2)

E. The director may issue a subpoena duces tecum to compel the production of records they believe are necessary for the resolution of the complaint.

F. The director may issue written findings whenever they have sufficient evidence upon which to base their determination.

G. Other penalties for violations may be assessed pursuant to Section 50-6-12 NMSA 1978 compilation.

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