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 11.5.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Terms defined in
				Act or in 11 NMAC 5.1.12. [now 11.5.1.7 NMAC] All terms defined in the Act or
				in 11 NMAC 5.1.12 [now 11.5.1.7 NMAC] and not otherwise defined in this Part
				have the same meanings given where defined.
B. Other terms: Except as otherwise provided
				in this Part, the following terms have the indicated meanings:
(1) "Act" means the Occupational Health and
				Safety Act, Sections
				50-9-1 to
				50-9-25
				NMSA 1978.
(2) "Advocate" means any
				person authorized by a party to act on behalf of that party in a proceeding
				under this Part; provided, nothing in this Part shall be construed to preclude
				an advocate who is a lawyer from using the terms "attorney", "counsel", or
				"lawyer" in lieu of the term "advocate" in any document filed or served under
				this Part.
(3) "Affected employee"
				means an employee of a responsible employer who, as a result of the employee's
				assigned duties, is exposed to any alleged hazard described in the
				citation.
(4) "Citation" means any
				of the following documents issued by the department to an employer:
(a) a citation and notification of penalty
				(whether or not any penalty is, in fact, proposed);
(b) a notice of ee minimis violation;
				or
(c) a notification of failure to
				abate alleged violation.
(5) "Commission" means the occupational
				health and safety review commission created by Section
				50-9-9
				NMSA 1978.
(6) "Commission chair"
				means:
(a) the commission member designated
				by the governor, pursuant to the Act, to hold the office of chairman;
				or
(b) any commission member to
				whom the designated chairman delegates the authority to perform the functions
				delegated to the commission chair by this Part, during the designated
				chairman's absence or other inability to act.
(7) "Commission counsel" means:
(a) any member of the attorney general's
				staff designated by the attorney general to provide legal advice and assistance
				to the commission; or
(b) subject
				to approval of and funding by the legislature, a private lawyer hired by the
				commission to provide legal advice and assistance to the commission;
(8) "Commission secretary" means
				any department employee designated by the secretary of environment to provide
				staff support to the commission as provided in the department of Environment
				Act, Sections
				9-7A-1 to
				9-7A-14
				NMSA 1978, provided, use of the term "commission secretary" is not intended to
				suggest any particular personnel classification to be held by any department
				employee so designated;
(9)
				"Complainant" means the department, in a case initiated by a notice of
				contest;
(10) "Conformed copy"
				means a copy of any document filed with the commission, showing the date of
				filing of the original, and stamped or otherwise marked to distinguish the copy
				from the original document;
(11)
				"Department" means the New Mexico environment department;
(12) "Document" means any pleading, motion,
				response, memorandum, decision, order, or other paper filed in a proceeding
				under this Part, but does not include a cover letter accompanying a document
				transmitted for filing.
(13) "Final
				resolution" means any of the following events:
(a) the filing of a notice of vacation or
				notice of withdrawal under the conditions specified in Section 307.A [now
				Subsection A of 11.5.5.307 NMAC];
(b) expiration of the deadline for the filing
				of objections to a proposed settlement agreement, as specified in Section 503.E
				[now Subsection E of 11.5.5.503 NMAC], with no objection having been filed by
				any person authorized to file objections, if the settlement agreement disposes
				of all issues in the case; or
(c)
				the date of filing of any order:
(i) deciding
				a case on the merits;
(ii)
				dismissing a notice of contest or a petition for modification of abatement
				period;
(iii) approving a
				settlement agreement following the receipt of timely objections; or
(iv) otherwise disposing of a case in its
				entirety.
(14) "Hearing" means a formal proceeding
				before the commission at which the parties are provided an opportunity to
				appear and present evidence or argument in person or through an advocate, but
				does not include a meeting at which the commission deliberates to decide a case
				or issue pending before the commission;
(15) "Hearing officer" means the commission
				chair or any other person appointed by the commission to perform the functions
				delegated to a hearing officer by this Part;
(16) "Hearing record" includes:
(a) the record proper; and
(b) the transcript of proceedings;
(17) "Intervenor" means any
				person:
(a) who has filed:
(i) a notice of intervention pursuant to
				Section 502.A [now Subsection A of 11.5.5.502 NMAC], if such notice has not
				been stricken; or
(ii) a motion to
				intervene pursuant to Section 502.B [now Subsection B of 11.5.5.502 NMAC] and
				SCRA 1986, 1-024.B, if such motion has been granted; and
(b) who has not subsequently been dismissed,
				or voluntarily withdrawn, as an intervenor.
(18) "Lawyer" means a person who is admitted
				to practice law in any jurisdiction;
(19) "NMSA 1978" stands for "New Mexico
				Statutes Annotated, 1978 Compilation", and when used in conjunction with a
				specific statutory citation (for example, " Section
				50-9-1
				NMSA 1978,"), refers to the most recent version of the cited statutory
				provision;
(20) "Notice of
				docketing" means a document prepared by the commission secretary to notify the
				complainant or petitioner and the respondent that a notice of contest or a
				petition for modification of abatement period has been received and docketed by
				the commission;
(21) "Order" means
				any document filed by the commission or, where applicable, by the hearing
				officer, containing:
(a) the commission's
				decision on the merits of any case pending before the commission; or
(b) the commission's or the hearing officer's
				ruling, as applicable, on any other matter pending before the
				commission;
(22) "Party"
				includes only:
(a) the complainant or
				petitioner;
(b) any respondent;
				and
(c) any intervenor.
(23) "Petitioner" means any
				responsible employer, affected employee or representative of affected employees
				filing a petition for modification of abatement period.
(24) "Pleading" includes only those documents
				identified as pleadings in Section 401 [now 11.5.5.401 NMAC].
(25) "Record proper" includes all documents
				filed in a case, except any document offered as an exhibit at a
				hearing.
(26) "Representative of
				affected employees" means a labor union or other entity, including any local
				office thereof, authorized pursuant to the federal Fair Labor Standards Act or
				any state collective bargaining law to bargain collectively for, or otherwise
				represent in labor-management relations, any group of employees that includes
				one or more affected employees.
(27) "respondent" means:
(a) in a case initiated by a notice of
				contest, the responsible employer filing the notice of contest; or
(b) in a case initiated by a petition for
				modification of abatement period
(i) the
				department; and
(ii) if the
				petition is filed by an affected employee or a representative of affected
				employees, the responsible employer;
(28) "Responsible employer" means an employer
				named in a citation;
(29) "SCRA
				1986" stands for "Supreme Court Rules Annotated, 1986 Compilation", and when
				used in conjunction with a specific rule citation (for example, "SCRA 1986,
				1-001"), refers to the most recent version of the cited rule; and
(30) "Transcript of proceedings" includes:
(a) the verbatim record of any hearing as
				recorded by a court reporter; and
(b) all exhibits:
(i) admitted into evidence at the hearing;
				or
(ii) denied admission into
				evidence but tendered as an offer of proof pursuant to Section 707.B.2 [now
				Paragraph (2) of Subsection B of 11.5.5.707 NMAC].