New Mexico Administrative Code
Title 11 - LABOR AND WORKERS' COMPENSATION
Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY
Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES
Section 11.5.5.202 - FILING AND SERVICE OF DOCUMENTS

Universal Citation: 11 NM Admin Code 11.5.5.202

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

A. General:

(1) The original of any document required to be filed under this Part shall be submitted directly to the commission secretary, except that the following documents first shall be submitted to the department for subsequent submission to the commission secretary:
(a) a notice of contest;

(b) an affidavit of posting providing proof of posting of a notice to affected employees (contest of citation), or an affidavit of explanation for non-posting filed in lieu thereof;

(c) a petition for modification of abatement period;

(d) an affidavit of posting providing proof of posting of a notice to affected employees (proposed modification of abatement period), or an affidavit of explanation for non-posting submitted in lieu thereof;

(e) an affidavit of posting providing proof of posting of a notice to affected employees (informal administrative review), or an affidavit of explanation for non-posting submitted in lieu thereof;

(f) a settlement agreement; and

(g) an affidavit of posting providing proof of posting of a notice to affected employees (settlement of case), or an affidavit of explanation for non-posting submitted in lieu thereof.

(2) Except as otherwise provided in this part, filing of any document shall be deemed complete:
(a) if the document is one required to be submitted directly to the commission secretary, only upon the commission secretary's receipt of the original of the document;

(b) if the document is a notice of contest, a petition for modification of abatement period, or an affidavit of posting or affidavit of explanation for non-posting filed simultaneously with either, only upon:
(i) receipt of the original document by the department's occupational health and safety bureau; or

(ii) deposit of the original document in the United States mail addressed to the department's occupational health and safety bureau; and

(c) if the document is any other document required to be submitted first to the department, only upon the department's filing of the original of the document with the commission secretary.

B. Service of documents filed:

(1) Except as otherwise provided in Paragraph 2 of this Subsection, a party filing any document in a proceeding under this Part shall serve a copy of the document, including copies of any exhibits to the document, on every other party.

(2) A party is not required to serve the department with additional copies of any of the documents required to be submitted first to the department, as listed in Subsection A(2) of this Section. Notwithstanding this provision:
(a) a copy of any document listed in Subsection A(2) of this Section, except a settlement agreement, must be served by the filing party upon any existing party other than the department and the filing party; and

(b) a copy of any settlement agreement must be served by one of the signatory parties upon any existing non-signatory party.

(3) Except as otherwise provided in Section 601.D [now Subsection D of 11.5.5.601 NMAC] for a supplemental response to discovery, service of a document, when required, shall be accomplished by, and shall be deemed complete upon:
(a) hand-delivery of a copy of the document to the office of the person upon whom service is made;

(b) deposit of a copy of the document in the United States mail, first class postage prepaid, addressed to the business address of the person upon whom service is made; or

(c) telefax of a copy of the document to any telefax number published for, or provided by, the person upon whom service is made.

(4) For any document required to be served upon any party, including documents specified in Paragraph (2) of this Subsection when applicable, proof of service of the document shall be provided by a certificate of service, in the format illustrated in Section 1001 [now 11.5.5.1001 NMAC], on the last page (exclusive of exhibits) of the document.

C. Orders; filing and service:

(1) All orders signed by the commission or the hearing officer shall, after signature, be provided to the commission secretary for filing and service.

(2) Upon filing of any order, the commission secretary shall serve a copy of the order upon each party, and attest to such service by a commission secretary's certificate of service in the format illustrated in Section 1002 [now 11.5.5.1002 NMAC].

D. Expanded definition of "party": Ased in this Section, "party" includes, in addition to the persons listed in Section 105.B.21 [now Paragraph 22 of Subsection B of 11.5.5.7 NMAC], any person who has filed a motion to intervene that has not been denied.

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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.