New Mexico Administrative Code
Title 11 - LABOR AND WORKERS' COMPENSATION
Chapter 4 - WORKERS' COMPENSATION
Part 5 - ENFORCEMENT AND ADMINISTRATIVE INVESTIGATIONS
Section 11.4.5.12 - ADMINISTRATIVE ENFORCEMENT PROCEEDINGS BEFORE THE DIRECTOR

Universal Citation: 11 NM Admin Code 11.4.5.12

Current through Register Vol. 35, No. 6, March 26, 2024

For every case not referred to a workers' compensation judge and upon the filing of the notice of administrative enforcement proceedings and finding of probable cause:

A. Summons: A summons shall be issued by the clerk, directed to the alleged violator and must contain:

(1) The name and street address of the WCA, the docket number of the case and the name of the person(s) or entity the summons is directed to;

(2) A direction that the alleged violator shall appear before the director or director's designee in the manner prescribed by the summons, to respond to the charges;

(3) the time and place of the hearing, including video conference and telephone information if appropriate;

(4) A notice that unless the alleged violator appears as directed, the maximum proposed penalty may be imposed; and

(5) The name, address, telephone number and e-mail address of the prosecuting attorney for the enforcement bureau.

B. Service of the summons:

(1) The summons shall be served by any means listed in Rule 1-004 NMR Civ. P. Dist. Ct. unless the director orders service by other manner reasonably calculated to apprise the alleged violator of the existence and pendency of the action.

(2) Service of the summons shall be completed no less than 15 days before the date the alleged violator is scheduled to appear for a hearing on the violation.

(3) The summons shall be served with endorsed copies of the notice of administrative enforcement proceeding and the director's finding of probable cause and notice of proposed penalty.

C. Service of papers:

(1) Unless the director orders otherwise, every pleading subsequent to the service of the summons shall be served on the violator and filed with the clerk.

(2) When a party is represented by an attorney, service shall be made upon the attorney.

(3) Service shall be made either by mailing a copy by first class mail with proper postage or by handing a copy to the attorney or to the party, unless the director orders service by other means.

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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