reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 9 - Occupational Health and Safety › Section 50-9-9 - Occupational health and safety review commission; creation; organization.

A. The occupational health and safety review commission is hereby established. The commission shall be composed of three members who shall be appointed by the governor, by and with the advice and consent of the senate, from among persons who by reason of training, education or experience are qualified to carry out the functions of the commission under the Occupational Health and Safety Act. One member each shall be chosen to reflect the views of labor, industry and of the general public. The governor shall designate one of the members of the commission to serve as chairman.
B. Terms of commission members shall be six years except that members of the commission first taking office shall serve as designated by the governor at the time of appointment: one for a term of two years, one for a term of four years and one for a term of six years. A vacancy caused by death, resignation or removal of a member prior to the expiration of the term for which he was appointed shall be filled only for the remainder of such unexpired term. A member of the commission may be removed by the governor for inefficiency, neglect of duty or malfeasance in office.
C. For the purpose of carrying out its functions under the Occupational Health and Safety Act, two members of the commission shall constitute a quorum and official action can be taken only on the affirmative vote of at least two members.
D. Every official act of the commission shall be entered of record and its hearings and records shall be open to the public. The commission is authorized to make such rules as are necessary for the orderly transaction of its proceedings.
E. The commission may order testimony to be taken by deposition in any proceedings pending before it. Any person whose testimony may be material may be compelled to appear and testify, and to produce books, papers or documents in the same manner as witnesses may be compelled to appear and testify and produce like documentary evidence before the commission.
F. The commission may designate a hearing officer to take evidence in the hearing. The commission will then make its decision based on the evidence in the transcript of the hearing proceedings.
G. Members of the commission shall be reimbursed as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
History:
1953 Comp., § 59-14-8.1, enacted by Laws 1975, ch. 290, § 6.
ANNOTATIONS
Cross references.
— For exemption of occupational health and safety review commission from authority of secretary of environment,
see
9-7A-14 NMSA 1978.
For staff support from the department of environment,
see
9-7A-14 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
61 Am. Jur. 2d Plant and Job Safety - OSHA and State Laws § 131 et seq.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 9 - Occupational Health and Safety › Section 50-9-11 - Reports and record keeping by employers.

A. An employer shall keep such records and make such reports to the department as the board, by regulation, may require to carry out the purposes of the Occupational Health and Safety Act. Such regulation regarding records and reports shall be at least as effective as and consistent with the occupational safety and health record and report requirements of the United States department of labor. These records and reports shall be obtained with a minimum burden upon employers, especially those operating small businesses. Unnecessary duplication of efforts in obtaining information shall be reduced to the maximum extent feasible.
B. Employers shall maintain accurate records of employee exposures to potentially toxic material or harmful physical agents which are required to be monitored or measured as the board may prescribe by regulations. Employees and their representatives shall be given an opportunity to observe such monitoring and measuring. Employees and former employees shall be granted access to their own records as will indicate their own exposure to toxic material or harmful agents. Each employer shall promptly notify any employee who has been or is being exposed to toxic materials or harmful physical agents in concentrations or levels that exceed those prescribed by an applicable regulation adopted pursuant to the Occupational Health and Safety Act and shall inform any employee who is being thus exposed of the corrective action being taken. Employers shall retain the records of exposure of employees to specific toxic material and harmful agents for periods of time to be specified in regulations.
History:
1953 Comp., § 59-14-10, enacted by Laws 1972, ch. 63, § 10; 1975, ch. 290, § 8; 1993, ch. 322, § 9.
ANNOTATIONS
The 1993 amendment,
effective April 8, 1993, substituted "department" for "agency" in the first sentence of Subsection A and made a minor stylistic change in Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Plant and Job Safety - OSHA and State Laws § 56 et seq.
Employer's tort liability to worker for concealing workplace hazard or nature or extent of injury, 9 A.L.R.4th 778.
Who is "employer" for purposes of Occupational Safety and Health Act (29 USCA §§ 651 et seq.), 153 A.L.R. Fed. 303.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 9 - Occupational Health and Safety › Section 50-9-13 - Adopting standards by reference.

In the event the board wishes to adopt regulations that are identical with standards approved by an agency of the federal government, the board, after notice and hearing, may adopt the regulations by reference to the standards without setting forth the provisions of the standards.
History:
1953 Comp., § 59-14-12, enacted by Laws 1972, ch. 63, § 12; 1993, ch. 322, § 11.
ANNOTATIONS
The 1993 amendment,
effective April 8, 1993, deleted the former second sentence, which read "Copies of standards adopted by reference must be attached to the regulations filed under the State Rules Act."
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 9 - Occupational Health and Safety › Section 50-9-14 - Emergency procedures.

A. The district courts shall have jurisdiction, upon petition of the secretary, to restrain any conditions or practices in any place of employment which are such that a danger exists that could reasonably be expected to cause death or serious physical harm immediately or before the imminence of the danger can be eliminated through the enforcement procedures otherwise provided by the Occupational Health and Safety Act. Any order issued under this section may require such steps to be taken as may be necessary to avoid, correct or remove the imminent danger and prohibit the employment of any individual in locations or under conditions where the danger exists, except individuals whose presence is necessary to avoid, correct or remove such imminent danger or to maintain the capacity of a continuous process operation to resume normal operations without a complete cessation of operations or, where a cessation of operations is necessary, to permit such to be accomplished in a safe and orderly manner.
B. Upon the filing of a petition, the district court may grant injunctive relief or a temporary restraining order in accordance with the New Mexico rules of civil procedure pending the outcome of an enforcement proceeding pursuant to the Occupational Health and Safety Act.
C. When the secretary or the secretary's representative determines that an emergency exists, he shall immediately inform the employees and employers of the hazards and take steps to obtain immediate abatement of the hazards by the employer.
D. If the secretary arbitrarily or capriciously fails to seek relief under this section, any employee who may be injured by reason of such failure, or the representative of such employee, may bring an action against the secretary in the district court for the district in which the imminent danger is alleged to exist for a writ of mandamus to compel the secretary to seek an order of the court as provided in this section.
History:
1953 Comp., § 59-14-13, enacted by Laws 1972, ch. 63, § 13; 1975, ch. 290, § 10; 1993, ch. 322, § 12.
ANNOTATIONS
The 1993 amendment,
effective April 8, 1993, substituted "secretary" for "director" throughout the section and made minor stylistic changes in Subsections A and C.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
61 Am. Jur. 2d Plant and Job Safety - OSHA and State Laws §§ 39, 41, 53.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 9 - Occupational Health and Safety › Section 50-9-15 - Validity of regulation; variance determination; judicial review.

A. Any person who is or may be affected by a regulation adopted by the board may appeal to the court of appeals for further relief. All appeals shall be upon the record made at the hearing and shall be taken to the court of appeals within thirty days after filing of the regulation pursuant to the State Rules Act [Chapter14, Article 4 NMSA 1978]. The board shall be made a party to the action.
B. Upon appeal, the court of appeals shall set aside a regulation only if it is found to be:
(1) arbitrary, capricious or an abuse of discretion;
(2) not supported by substantial evidence in the record; or
(3) otherwise not in accordance with law.
C. A variance petitioner may appeal to the district court from an order of the department denying the variance. The appeal shall be filed pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History:
1953 Comp., § 59-14-14, enacted by Laws 1972, ch. 63, § 14; 1993, ch. 322, § 13; 1999, ch. 265, § 49.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, deleted former Subsection B, relating to a variance petitioner's right to appeal to the court of appeals from an order of the department denying the variance, and added Subsection C.
The 1993 amendment,
effective April 8, 1993, substituted "department" for "agency" in two places in Subsection B; deleted former Subsection C, pertaining to the procedure for perfecting an appeal to the court of appeals; and redesignated former Subsection D as Subsection C.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
61 Am. Jur. 2d Plant and Job Safety - OSHA and State Laws § 132.
Judicial relief against, or review of, action or orders of Occupational Safety and Health Review Commission under Occupational Safety and Health Act of 1970 (29 U.S.C.S. §§ 651 et seq.), 22 A.L.R. Fed. 508.
Validity, under federal constitution, of provisions of Occupational Safety and Health Act of 1970 (29 U.S.C.S. §§ 651 et seq.) relating to inspections, civil penalties, and administrative or judicial review, 34 A.L.R. Fed. 82.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 9 - Occupational Health and Safety › Section 50-9-18 - Subpoena power.

In connection with investigations or enforcement hearings conducted under the Occupational Health and Safety Act [50-9-1 to 50-9-25 NMSA 1978], the department may apply to the district court for an order requiring the attendance and testimony of witnesses and the production of evidence under oath. Witnesses shall be paid the same fees and mileage that are paid witnesses in the courts of the state. Any district court, upon application by the department, shall have jurisdiction to issue to such person an order requiring the person to appear and to produce evidence if, as and when so ordered and to give testimony relating to the matter under investigation if the court finds that the evidence or testimony sought is discoverable under the Rules of Civil Procedure for The District Courts. Any failure to obey an order of the court may be punished by the court under its powers of contempt.
History:
1953 Comp., § 59-14-17, enacted by Laws 1972, ch. 63, § 17; 1993, ch. 322, § 16.
ANNOTATIONS
Cross references.
— For witness fees,
see
38-6-4 NMSA 1978.
For depositions and discovery,
see
Rules 1-026 to 1-037 NMRA.
The 1993 amendment,
effective April 8, 1993, substituted "department" for "board or agency" in the first and third sentences and made a minor stylistic change.
Employers may be present at discovery proceedings
conducted by the environmental improvement division.
Kent Nowlin Constr., Inc. v. Envtl. Improvement Div.
, 1982-NMSC-094, 99 N.M. 294, 657 P.2d 621.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 9 - Occupational Health and Safety › Section 50-9-19 - Accident reports and records.

A. Every employer shall keep records and submit reports of occupational injuries and illnesses as prescribed by the department. Reports shall not require employee identification by name.
B. The department shall publish annually a detailed summary of the statistical data received from employers. The department shall make a copy of such summary available on request to each employer, and the summary shall be made available upon request to any person having an interest in the report. In the preparation, publication or release of the statistical summary, the department shall not in any manner disclose information identifying any employer unless prior permission has been obtained from the employer in writing. The reports of each employer shall remain confidential and shall not be released, revealed or otherwise disclosed to any person other than the bureau of labor statistics and the occupational safety and health administration of the United States department of labor without prior permission of the employer unless pursuant to an administrative hearing of the board or an order of a court of competent jurisdiction.
History:
1953 Comp., § 59-14-18, enacted by Laws 1972, ch. 63, § 18; 1993, ch. 322, § 17.
ANNOTATIONS
The 1993 amendment,
effective April 8, 1993, substituted "department" for "agency" throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
61 Am. Jur. 2d Plant and Job Safety - OSHA and State Laws § 137.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 9 - Occupational Health and Safety › Section 50-9-20 - Coordination.

For the purpose of carrying out the provisions of the Occupational Health and Safety Act, the department shall coordinate, to the greatest extent practicable, the occupational health and safety activities of all state and local agencies. It shall advise, consult and cooperate with other agencies of the state, federal government, other states and interstate agencies and with affected public and private organizations.
History:
1953 Comp., § 59-14-19, enacted by Laws 1972, ch. 63, § 19; 1993, ch. 322, § 18.
ANNOTATIONS
The 1993 amendment,
effective April 8, 1993, substituted "department" for "agency" in the first sentence.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 9 - Occupational Health and Safety › Section 50-9-22 - Preemption.

A. Nothing in the Occupational Health and Safety Act shall affect the jurisdiction of any state agency or any political subdivision performing like functions or exercising like responsibilities with regard to occupational health and safety matters except as provided in Subsection B or C of this section.
B. Whenever the board prescribes or adopts a regulation under the procedures provided in the Occupational Health and Safety Act, the regulation shall, when a copy thereof is filed with the clerk of the political subdivision to which it applies, establish a minimum requirement concerning the matters covered by the regulation and shall be construed in connection with any local requirement relative to the same matter. The regulation of the board amends or modifies any requirement of the local standard which does not meet the regulation.
C. The Occupational Health and Safety Act and regulations promulgated under it, and not the acts and regulations enforced by the state mine inspector, shall apply to places of employment subject to the jurisdiction of the United States department of labor acting under the provisions of the Occupational Safety and Health Act of 1970 (84 Stat. 1590), as amended.
D. Compliance with a regulation of the board does not relieve any person from the obligation to comply with a stricter state agency or political subdivision health or safety requirement, but the state agency or political subdivision shall be responsible for the enforcement of the health and safety requirements established by that state agency or local authority.
History:
1953 Comp., § 59-14-21, enacted by Laws 1972, ch. 63, § 21; 1983, ch. 19, § 1.
ANNOTATIONS
Cross references.
— For the federal Occupational Safety and Health Act of 1970,
see
29 U.S.C. § 651 et seq.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 9 - Occupational Health and Safety › Section 50-9-23 - Limitation on applicability of the act to certain employers and their employees.

The Occupational Health and Safety Act and regulations promulgated under it do not apply to a specific activity of an employer or to a specific occupational health or safety condition of his employees if the specific activity or specific occupational health or safety condition is subject to the jurisdiction of and is regulated by:
A. any federal agency except the United States department of labor acting under the provisions of the Occupational Safety and Health Act of 1970 (84 Stat. 1590); or
B. the board pursuant to the agreement specified in Section 74-3-15 NMSA 1978.
History:
1953 Comp., § 59-14-22, enacted by Laws 1972, ch. 63, § 22; 1983, ch. 19, § 2.
ANNOTATIONS
Cross references.
— For the federal Occupational Safety and Health Act of 1970,
see
29 U.S.C. § 651 et seq.
Accident occurring on federal property within state.
— Construction company which was a subcontractor on a federal project failed to show that the federal government had exclusive jurisdiction over the site of the project or that accident site was subject to the federal Occupational Health and Safety Act, rather than the New Mexico Occupational Health and Safety Act.
Inca Constr. Co. v. Rogers
, 1997-NMCA-056, 123 N.M. 514, 943 P.2d 548.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Who is "employer" for purposes of Occupational Safety and Health Act (29 U.S.C.S. § 651 et seq.), 27 A.L.R. Fed. 943 and 153 A.L.R. Fed. 303.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 10 - Sewer Gas › Section 50-10-1 - [Permitting entry into sewer line without testing atmosphere unlawful; detection of flammable gas or vapor; entry without adequate ventilation unlawful.]

It shall be unlawful for any person, firm or corporation to require, authorize or knowingly permit any person in the employ or subject to the control of such person, firm or corporation, to enter through a manhole or otherwise into any sewer in this state, whether the same is in service or under construction, without first testing the atmosphere in said sewer at the place or places of entry by use of apparatus to detect the presence of any flammable gas or vapor; and in the event the presence of any flammable gas or vapor is so detected, it shall be unlawful for any such person, firm or corporation to require, authorize or knowingly permit any such employee or controlled person to enter into said sewer unless and until the same has been, at the intended place or places of entry, adequately ventilated and made safe from the hazards of fire and explosion.
History:
1953 Comp., § 12-10-1, enacted by Laws 1959, ch. 175, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
61 Am. Jur. 2d Plant and Job Safety - OSHA and State Laws § 135 et seq.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 10 - Sewer Gas › Section 50-10-2 - [Testing atmosphere in sewer line; time and frequency.]

The requirements of Section 1 [50-10-1 NMSA 1978] shall be followed at the beginning of every workday, and also at the resumption of work following each meal period and also at the beginning of each shift in the event more than one shift per day is used; provided that such requirements need not be followed more often than once each four hours.
History:
1953 Comp., § 12-10-2, enacted by Laws 1959, ch. 175, § 2.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 10 - Sewer Gas › Section 50-10-3 - [Detection of flammable gas or vapor; danger suspected; entry without cautioning against use of exposed flame or creation of electrical spark unlawful.]

In the event that the presence of flammable gas or vapor is detected in any sewer, or there exists reasonable ground for suspecting the danger therein of any such gas or vapor, then it shall be unlawful, irrespective of compliance with Section 1 [50-10-1 NMSA 1978] above, for any person, firm or corporation to require, authorize or knowingly permit any such employee or controlled person to enter into said sewer, through a manhole or otherwise, without first cautioning such employee or controlled person against using any exposed flame or creating any electrical spark while in or about the said sewer.
History:
1953 Comp., § 12-10-3, enacted by Laws 1959, ch. 175, § 3.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 10 - Sewer Gas › Section 50-10-4 - [Safety measures and devices; duty of employer to supply.]

Nothing herein shall be construed to relieve any person, firm or corporation requiring, authorizing or knowingly permitting a person in the employ or subject to the control of such person, firm or corporation, to enter into or remain in a sewer in this state from any duty of taking or supplying proper and reasonable safety measures, practices and devices during the time or times that its said employee or other controlled person shall be in such sewer, to the end that no dangerous concentration of flammable gas or gases, or noxious gas or gases, shall occur; and the requirements of this act [50-10-1 to 50-10-6 NMSA 1978] shall be cumulative of such other duty or duties.
History:
1953 Comp., § 12-10-4, enacted by Laws 1959, ch. 175, § 4.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 10 - Sewer Gas › Section 50-10-5 - [Definitions.]

The term "sewer" as used herein shall mean any underground conduit composed of metal, concrete, clay, vitreous or other materials designed for the flowage of water or any waste product or products (including, without being limited to, storm sewers and sanitary sewers), and shall include any and all junction boxes, manholes and gutters and other appurtenances constituting any part of the sewer or of a sewer system.
The term "apparatus to detect the presence of any flammable gas or vapor", as used herein, shall mean any of the standard devices commercially available designed to detect, by the principle of the wheatstone bridge or other recognized technique, the presence in the atmosphere of flammable gas or vapor.
History:
1953 Comp., § 12-10-5, enacted by Laws 1959, ch. 175, § 5.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 10 - Sewer Gas › Section 50-10-6 - [Penalties for violation.]

Any person, firm or corporation violating this act [50-10-1 to 50-10-6 NMSA 1978] shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment from one day to ten days, or by both such fine and imprisonment, and each day of violation shall constitute a separate offense.
History:
1953 Comp., § 12-10-6, enacted by Laws 1959, ch. 175, § 6.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 11 - Employee Privacy › Section 50-11-1 - Short title.

This act [50-11-1 to 50-11-6 NMSA 1978] may be cited as the "Employee Privacy Act".
History:
Laws 1991, ch. 244, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
What is "record" within meaning of Privacy Act of 1974 (5 USCS § 552a), 121 A.L.R. Fed. 465.
What is agency subject to Privacy Act Provisions (5 USCA § 552a), 150 A.L.R. Fed. 521.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 11 - Employee Privacy › Section 50-11-2 - Definitions.

As used in the Employee Privacy Act:
A. "employee" means a person that performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied, and includes a person employed by the state or a political subdivision of the state;
B. "employer" means a person that has one or more employees and includes an agent of an employer and the state or a political subdivision of the state; and
C. "person" means an individual, sole proprietorship, partnership, corporation, association or any other legal entity.
History:
Laws 1991, ch. 244, § 2.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 11 - Employee Privacy › Section 50-11-3 - Employers; unlawful practices.

A. It is unlawful for an employer to:
(1) refuse to hire or to discharge any individual, or otherwise disadvantage any individual, with respect to compensation, terms, conditions or privileges of employment because the individual is a smoker or nonsmoker, provided that the individual complies with applicable laws or policies regulating smoking on the premises of the employer during working hours; or
(2) require as a condition of employment that any employee or applicant for employment abstain from smoking or using tobacco products during nonworking hours, provided the individual complies with applicable laws or policies regulating smoking on the premises of the employer during working hours.
B. The provisions of Subsection A of this section shall not be deemed to protect any activity that:
(1) materially threatens an employer's legitimate conflict of interest policy reasonably designed to protect the employer's trade secrets, proprietary information or other proprietary interests; or
(2) relates to a bona fide occupational requirement and is reasonably and rationally related to the employment activities and responsibilities of a particular employee or a particular group of employees, rather than to all employees of the employer.
History:
Laws 1991, ch. 244, § 3.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Preemption of state law wrongful discharge claim, not arising from whistleblowing, by § 541(a) of Employee Retirement Income Security Act of 1974 (29 U.S.C.A. § 1144(a)), 176 A.L.R. Fed. 433.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 11 - Employee Privacy › Section 50-11-4 - Remedies.

Any employee claiming to be aggrieved by any unlawful action of an employer pursuant to Section 3 [50-11-3 NMSA 1978] of the Employee Privacy Act may bring a civil suit for damages in any district court of competent jurisdiction. The employee may be awarded all wages and benefits due up to and including the date of the judgment.
History:
Laws 1991, ch. 244, § 4.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 12 - Employer Immunity for Employee References › Section 50-12-1 - Employer immunity from liability for references on former employee.

When requested to provide a reference on a former or current employee, an employer acting in good faith is immune from liability for comments about the former employee's job performance. The immunity shall not apply when the reference information supplied was knowingly false or deliberately misleading, was rendered with malicious purpose or violated any civil rights of the former employee.
History:
Laws 1995, ch. 152, § 1.
ANNOTATIONS
Cross references.
— For unlawful acts under the Personnel Act,
see
10-9-22 NMSA 1978.
For the Tort Claims Act,
see
41-4-1 NMSA 1978.
For limitations on recoverable damages tort actions based on single publication or utterance,
see
41-7-1 NMSA 1978.
Where employee resigned,
employer's statement that employee "terminated" on a specific date, could not be interpreted as a statement that the employee "was terminated" by the employer.
DiMarco v. Presbyterian Healthcare Servs., Inc.
, 2007-NMCA-053, 141 N.M. 735, 160 P.3d 916, cert. denied, 2007-NMCERT-005, 141 N.M. 762, 161 P.3d 259.
An employee cannot rely on the differences between his evaluation form and the evaluation forms of other employees
to prove that an employer did not act in good faith when the disclosures made by the employer were truthful.
DiMarco v. Presbyterian Healthcare Servs., Inc.
, 2007-NMCA-053, 141 N.M. 735, 160 P.3d 916, cert. denied, 2007-NMCERT-005, 141 N.M. 762, 161 P.3d 259.
Law reviews.
— For note, "Employment Law an Employer's Duty to Third Parties when Giving Employment Recommendations Davis v. Board of County Commissioners of Dona Ana County," see 30 N.M.L. Rev. 307 (2007).
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 13 - State Directory of New Hires › Section 50-13-1 - Short title.

Sections 2 through 5 [50-13-1 to 50-13-4 NMSA 1978] of this act may be cited as the "State Directory of New Hires Act".
History:
Laws 1997, ch. 237, § 2.
ANNOTATIONS
Cross references.
— For provisions relating to establishing a state case registry of obligors and related information and additional support enforcement procedures,
see
27-1-8 to 27-1-14 NMSA 1978.
For single state agency designation for Title IV-D,
see
27-2-27 NMSA 1978.
For the Support Enforcement Act,
see
Chapter 40, Article 4A NMSA 1978.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 13 - State Directory of New Hires › Section 50-13-2 - Definitions.

As used in the State Directory of New Hires Act:
A. "employee" means a person who is an employee within the meaning of Chapter 24 of the Internal Revenue Code of 1986. It does not include an employee of a federal or state agency performing intelligence or counterintelligence functions, if the head of such agency has determined that reporting pursuant to Section 4 of [50-13-3 NMSA 1978] this act with respect to the employee could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission;
B. "employer" means the same as the term in Section 3401(d) of the Internal Revenue Code of 1986 and includes any governmental entity and any labor organization; and
C. "labor organization" means the same as the term in Section 2(5) of the National Labor Relations Act and includes any entity which is used by the organization and an employer to carry out requirements described in Section 8(f)(3) of such act of an agreement between the organization and the employer.
History:
Laws 1997, ch. 237, § 3.
ANNOTATIONS
Cross references.
— For Chapter 24 of the Internal Revenue Code,
see
26 U.S.C. § 3401 et seq.
For Section 3401(d) of the Internal Revenue Code,
see
26 U.S.C. § 3401(d).
For Sections 2(5) and 8(f)(3) of the National Labor Relations Act,
see
29 U.S.C. §§ 152(5) and 158(f)(3), respectively.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 13 - State Directory of New Hires › Section 50-13-4 - Penalties.

The state Title IV-D agency shall impose a civil money penalty of twenty dollars ($20.00) on employers for each instance of failure to comply with the provisions of this section, unless the failure is the result of a conspiracy between the employer and the employee to not supply the required report or to supply a false or incomplete report, in which case the penalty shall be five hundred dollars ($500) on the employer for each instance. The human services department [health care authority department] shall establish an appeals process for employers penalized under this section.
History:
Laws 1997, ch. 237, § 5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 14 - Workforce Development › Section 50-14-1 - Short title.

Chapter 50, Article 14 NMSA 1978 may be cited as the "Workforce Development Act".
History:
Laws 1999, ch. 260, § 1; 2005, ch. 111, § 3.
ANNOTATIONS
Repeals.
— Section 50-14-16 NMSA 1978 provided for the delayed repeal of the Workforce Development Act, effective July 1, 2012. Laws 2007, ch. 200, § 24 repealed 50-14-16 NMSA 1978, effective July 1, 2007.
The 2005 amendment,
effective April 4, 2005, specified the NMSA 1978 reference for the Workforce Development Act.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 14 - Workforce Development › Section 50-14-1.1 - Purpose.

The purpose of the Workforce Development Act is to coordinate and maximize the effectiveness of workforce programs in New Mexico regardless of funding sources or primary administrative responsibilities.
History:
Laws 2005, ch. 111, § 9.
ANNOTATIONS
Repeals.
— Section 50-14-16 NMSA 1978 provided for the delayed repeal of the Workforce Development Act, effective July 1, 2012. Laws 2007, ch. 200, § 24 repealed 50-14-16 NMSA 1978, effective July 1, 2007.
Effective dates.
— Laws 2005, ch. 111, 26 made Laws 2005, ch. 111, § 9 effective April 4, 2005.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 14 - Workforce Development › Section 50-14-2 - Definitions.

As used in the Workforce Development Act [9-26-1 to 9-26-14 NMSA 1978]:
A. "board" means the state workforce development board;
B. "chief elected official" means the chief elected executive officer of a unit of general local government in a local area and in a case in which a local area includes more than one unit of general local government, "chief elected official" means the person designated under the agreement described in Section 117 (c)(1)(B) of the federal Workforce Investment Act of 1998;
C. "employment training program" means a program or a part of a program, regardless of which state or local agency administers it, that has as its primary purpose assisting persons in obtaining or enhancing employment;
D. "local board" means a local workforce development board; and
E. "office" or "division" means the workforce transition services division of the workforce solutions department.
History:
Laws 1999, ch. 260, § 2; 2005, ch. 111, § 4; 2007, ch. 200, § 18.
ANNOTATIONS
Repeals.
— Section 50-14-16 NMSA 1978 provided for the delayed repeal of the Workforce Development Act, effective July 1, 2012. Laws 2007, ch. 200, § 24 repealed 50-14-16 NMSA 1978, effective July 1, 2007.
Cross references.
— For the federal Workforce Investment Act of 1998,
see
29 U.S.C. § 2801 et seq.
The 2007 amendment,
effective July 1, 2007, defined "division" as the workforce transition services division of the workforce solutions department.
The 2005 amendment,
effective April 4, 2005, deleted the definition of "job corps" in former Subsection C; added the definition of "employment training program" in Subsection C; deleted the definitions of "person" and "representative business" in former Subsections E and F respectively; and added the definition of "office" in Subsection E.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 14 - Workforce Development › Section 50-14-3 - State workforce development board.

A. The "state workforce development board" is created. The board consists of members appointed as provided in the federal Workforce Investment Act of 1998.
B. Appointments of members shall have taken into consideration gender, ethnicity and geographic diversity.
C. A vacancy on the board shall be filled in the same manner as regular appointments are made for the unexpired portion of the regular term.
D. All terms of the public members shall be for four years.
E. The governor shall appoint one of the business representatives as chairman of the board.
F. The board shall meet at the call of the chair.
G. A majority of the board members constitutes a quorum.
H. Members are eligible to be paid pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
I. A member of the board may not vote on a matter under consideration by the board relating to provision of services by the member or by the entity the member represents, or that would provide direct financial benefit to the member or the member's immediate family, or engage in any other activity determined by the governor to be a conflict of interest as provided in the state plan prepared pursuant to the federal Workforce Investment Act of 1998.
History:
Laws 1999, ch. 260, § 3; 2004, ch. 21, § 1; 2005, ch. 111, § 5.
ANNOTATIONS
Repeals.
— Section 50-14-16 NMSA 1978 provided for the delayed repeal of the Workforce Development Act, effective July 1, 2012. Laws 2007, ch. 200, § 24 repealed 50-14-16 NMSA 1978, effective July 1, 2007.
Cross references.
— For the federal Workforce Investment Act of 1998,
see
29 U.S.C. § 2801 et seq.
The 2005 amendment,
effective April 4, 2005, provided in Subsection A that members of the state workforce development board shall be appointed as provided in the federal Workforce Investment Act of 1998; deleted the list of members on the board in former paragraphs (1) through (4) and subparagraphs (a) through (j); deleted the requirement in Subsection B that the speaker of the house, the president pro tempore and the governor consider the listed factors in making appointment to the board; provided in Subsection D that the terms of public members shall be four years; and deleted the requirement in former Subsection E that a majority of members of the board shall be representatives of business.
The 2004 amendment,
effective May 19, 2004, amended Paragraph (4) (a), (b), (c) and (d) of Subsection A to permit cabinet secretaries to designate persons to serve on the state workforce development board.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 14 - Workforce Development › Section 50-14-6 - Youth councils; membership; duties.

A. The provisions of this section apply to the extent required by the federal Workforce Investment Act of 1998.
B. The membership of each youth council shall include:
(1) members of the local board with interest or expertise in youth policy; representatives of youth service agencies, including juvenile justice and law enforcement agencies; and representatives of local public housing;
(2) parents of eligible youth seeking assistance;
(3) persons, including former participants as defined pursuant to the New Mexico Works Act [Chapter 27, Article 2B NMSA 1978], and representatives of organizations, that have experience relating to youth activities;
(4) representatives of job corps, as appropriate; and
(5) other persons that the chairman of the local board, in cooperation with the chief elected official, determines to be appropriate.
C. Members of the youth council who are not members of the local board shall be voting members of the youth council and nonvoting members of the local board.
D. The duties of the youth council shall include:
(1) developing the portions of the local plan relating to eligible youth, as determined by the chairman of the local board;
(2) recommending eligible youth providers to the local board;
(3) conducting oversight of eligible providers of youth activities and coordinating youth activities authorized pursuant to the federal Workforce Investment Act of 1998 subject to the approval of the local board; and
(4) performing other duties as determined to be appropriate by the chairman of the local board.
E. A member of a local board or youth council may not vote on a matter under consideration by the local board regarding the provision of services by the member or by an entity that the member represents or that would provide direct financial benefit to the member or the immediate family of the member engaged in any activity determined by the governor to constitute a conflict of interest as specified in the state plan prepared pursuant to the federal Workforce Investment Act of 1998.
History:
Laws 1999, ch. 260, § 6; 2005, ch. 111, § 8.
ANNOTATIONS
Repeals.
— Section 50-14-16 NMSA 1978 provided for the delayed repeal of the Workforce Development Act, effective July 1, 2012. Laws 2007, ch. 200, § 24 repealed 50-14-16 NMSA 1978, effective July 1, 2007.
Cross references.
— For the federal Workforce Investment Act of 1998,
see
29 U.S.C. § 2801 et seq.
The 2005 amendment,
effective April 4, 2005, provided in Subsection A that Section 50-14-6 NMSA 1978 applies to the extent required by the federal Workforce Investment Act of 1998.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 14 - Workforce Development › Section 50-14-7 - Repealed.

History:
Laws 1999, ch. 260, § 7; repealed by Laws 2005, ch. 111, § 24.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 111, § 24, repealed 50-14-7 NMSA 1978, as enacted by Laws 1999, ch. 260, § 7, relating to funding and personnel, effective April 4, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 14 - Workforce Development › Section 50-14-8 - Legislative powers.

Any money received by the state pursuant to the federal Workforce Investment Act of 1998 shall be subject to appropriation by the legislature consistent with the terms and conditions required by that act.
History:
Laws 1999, ch. 260, § 8.
ANNOTATIONS
Repeals.
— Section 50-14-16 NMSA 1978 provided for the delayed repeal of the Workforce Development Act, effective July 1, 2012. Laws 2007, ch. 200, § 24 repealed 50-14-16 NMSA 1978, effective July 1, 2007.
Cross references.
— For the federal Workforce Investment Act of 1998,
see
29 U.S.C. § 2801 et seq.
Effective dates.
— Laws 1999, ch. 260, § 9, made the Workforce Development Act effective July 1, 2000.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 14 - Workforce Development › Section 50-14-9 - Workforce transition services division.

A. The "workforce transition services division" is created in the workforce solutions department.
B. The division shall be the recipient of all grants from the United States pursuant to the federal Workforce Investment Act of 1998 and shall disburse those grants consistent with that act and the Workforce Development Act [Chapter 50, Article 14 NMSA 1978].
C. The division shall administer the provisions of the Workforce Development Act and is the governor's designee for the state with authority to administer New Mexico's program pursuant to the federal Workforce Investment Act of 1998. In performance of that duty and the duties set forth in Section 50-14-10 NMSA 1978, the division has the general power to:
(1) sue and, subject to the provisions of the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978], be sued;
(2) enter into contracts, joint powers agreements and other contracts for workforce development services and administer related programs with other state agencies; local governments; state institutions of higher learning; Indian nations, tribes or pueblos; regional provider networks; and corporations authorized to do business in the state;
(3) take administrative action by issuing orders and instructions, not inconsistent with law, to ensure implementation of and compliance with the provisions of law for which the division is responsible and to enforce those orders and instructions by appropriate administrative actions or actions in courts;
(4) promulgate, following the procedure in Subsection E of Section 9-1-5 NMSA 1978, reasonable rules necessary to carry out the duties of the division; and
(5) take all other actions necessary to meet the purposes of the Workforce Development Act.
History:
Laws 2005, ch. 111, § 10; 2007, ch. 200, § 19.
ANNOTATIONS
Repeals.
— Section 50-14-16 NMSA 1978 provided for the delayed repeal of the Workforce Development Act, effective July 1, 2012. Laws 2007, ch. 200, § 24 repealed 50-14-16 NMSA 1978, effective July 1, 2007.
Cross references.
— For the Workforce Investment Act of 1998,
see
29 U.S.C. Sections 28901 et seq..
The 2007 amendment,
effective July 1, 2007, created the workforce transition services division in the workforce solutions department and eliminated the appointment of a director by the governor and the authority of the director to employ technical and administrative staff.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 14 - Workforce Development › Section 50-14-10 - Division; duties.

The division shall:
A. provide technical, administrative and fiscal agent support to the board;
B. develop a unified, comprehensive plan for streamlining and integrating employment training programs, including the consolidation of all employment training programs, into the division. The division shall report annually to the governor and the legislature generally the progress and effectiveness of the workforce development system no later than September 1;
C. develop a performance-based system of accountability for employment training programs, including the board, local boards, one-stop centers and training providers, which system shall include key performance benchmarks to be used to monitor and assess performance;
D. monitor compliance with performance-based and coordination standards, including such standards as the division establishes by rule, with approval of the board, or that the board has adopted in the state plan, for the state's employment training programs regardless of funding source or the administrative agency that receives the funds. In performing this duty, the division:
(1) may issue subpoenas to appear and answer questions or produce documents;
(2) may investigate substantial allegations of improper financial or program activities;
(3) shall submit compliance reports to the governor; and
(4) shall, with approval of the governor, issue such corrective action orders as are necessary to enforce compliance, including orders that suspend funding for employment training programs or that transfer the programs to another agency;
E. promote the active participation and partnership with community colleges wherever possible throughout the state, which shall include the use of community colleges in creating career pathways and the use of available partnership incentives with local boards to use community college facilities for one-stop locations, co-location opportunities and specifically designed training programs; and
F. provide oversight and technical support for local boards to assist them in achieving independence and meeting performance standards while implementing statewide goals and directions.
History:
Laws 2005, ch. 111, § 11; 2007, ch. 200, § 20.
ANNOTATIONS
Repeals.
— Section 50-14-16 NMSA 1978 provided for the delayed repeal of the Workforce Development Act, effective July 1, 2012. Laws 2007, ch. 200, § 24 repealed 50-14-16 NMSA 1978, effective July 1, 2007.
The 2007 amendment,
effective July 1, 2007, eliminated the provision that prohibits the office from participating in one-stop services and the provision that prohibits the office from administering the unemployment compensation program and federal programs.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 14 - Workforce Development › Section 50-14-11 - Skills council.

The chair of the board and the chairs of each of the local boards shall appoint one member from each of their respective bodies to form an ad hoc skills council that shall identify state and regional industry clusters for the coordination oversight committee of the board for the purposes of developing coordinated, targeted workforce training programs.
History:
Laws 2005, ch. 111, § 12.
ANNOTATIONS
Repeals.
— Section 50-14-16 NMSA 1978 provided for the delayed repeal of the Workforce Development Act, effective July 1, 2012. Laws 2007, ch. 200, § 24 repealed 50-14-16 NMSA 1978, effective July 1, 2007.
Effective dates.
— Laws 2005, ch. 111, 26 made Laws 2005, ch. 111, § 12 effective April 4, 2005.