New Mexico Administrative Code
Title 11 - LABOR AND WORKERS' COMPENSATION
Chapter 1 - LABOR GENERAL PROVISIONS
Part 6 - HEALTHY WORKPLACES
Section 11.1.6.28 - REOPENING AN INVESTIGATION

A complainant or employer may request in writing a reopening of the investigation of a complaint upon a showing of good cause for doing so. Examples of good cause include, but are not limited to, failure of an employer to comply with the terms of the settlement, or the discovery of new, previously undisclosed evidence that would have changed the result of the previous determination. Except in the case of unfulfilled settlement terms, the division's determination of whether good cause to reopen exists is final and shall not be subject to any right of appeal or other review. All requests for reopening must be received by the division before the three-year time limit referenced in NMAC 11.1.6.13 expires. Reopening requests received after the three-year period expires will not be considered. Upon reopening, the division may pursue any investigatory steps available under the law and pursuant to these regulations and may affirm, modify, or reverse, in whole or in part, any previous decision issued.