reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 29 - LAW ENFORCEMENT ACADEMY › Part 10 - PUBLIC SAFETY TELECOMMUNICATOR › Section 10.29.10.13 - PUBLIC SAFETY TELECOMMUNICATOR CERTIFICATION EXAMINATION; TIME LIMITATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Students who successfully complete a New Mexico law enforcement academy public
				safety telecommunicator training program will be allowed to take the public
				safety telecommunicator certification examination. Only those students who have
				successfully completed all requirements under the minimum standards of
				training, as determined by the director, will be administered the public safety
				telecommunicator certification examination.
B. Students will be allowed two opportunities
				in which to pass the public safety telecommunicator certification examination
				within one year from the date of completion of a New Mexico law enforcement
				academy public safety telecommunicator training program. Students who fail the
				test two times will be required to re-enroll and successfully complete the
				academy's public safety telecommunicator training program. Students will not be
				allowed to attend a regional/satellite program.
C. Students who achieve a passing score on
				the public safety telecommunicator certification examination will be allowed
				one year from the date of the test in which to be eligible for certification.
				Certification can be granted only when the eligible student is hired by a
				recognized New Mexico public safety agency in a telecommunicator
				position.
D. If a student secures a
				public safety telecommunicator position after two years from the completion of
				the public safety telecommunicator certification examination, they will be
				required to attend and successfully complete another public safety
				telecommunicator training program certified by the board.
E. Students who have successfully completed a
				New Mexico law enforcement academy public safety telecommunicator training
				program and passed the public safety telecommunicator certification examination
				will be provided a letter from the director attesting to the student's
				eligibility for certification as a public safety telecommunicator in New
				Mexico.
F. When all paperwork is
				completed to the satisfaction of the director for any student requesting
				certification by successful completion of a New Mexico law enforcement academy
				public safety telecommunicator program, or any other previous comparable
				training, the request will be submitted to the board for final approval and
				award of certification under Subsection C of Section
				29-7-1 et.
				al. NMSA 1978.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 29 - LAW ENFORCEMENT ACADEMY › Part 10 - PUBLIC SAFETY TELECOMMUNICATOR › Section 10.29.10.14 - RENEWAL OF CERTIFICATION AFTER ABSENCE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Break in telecommunicator
				employment
(1) In the event a certified
				telecommunicator in the state of New Mexico leaves his position for any reason
				and is not employed as a full-time telecommunicator for a period of more than
				two years, but less than four years, such telecommunicator will be considered
				to be decertified, and will be required to meet all current certification
				requirements of the academy and successfully complete the certification by
				waiver of previous training program conducted by the academy.
(2) In the event a certified telecommunicator
				in the state of New Mexico leaves their position for any reason and is not
				employed as a full-time telecommunicator for a period in excess of four years,
				such telecommunicator will be considered to be decertified and will be required
				to meet all current certification requirements and successfully complete the
				basic public safety telecommunicator training program.
(3) Those persons who hold a valid New Mexico
				public safety telecommunicator certification and are employed in an
				administrative capacity as a full-time telecommunicator educator or trainer
				shall not be deemed to have left their position as a telecommunicator and shall
				not be required to reapply for certification as specified herein.
(4) The director shall have the authority to
				determine those positions as administrators or trainers that meet the
				requirements of 10.29.10 NMAC above.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 29 - LAW ENFORCEMENT ACADEMY › Part 10 - PUBLIC SAFETY TELECOMMUNICATOR › Section 10.29.10.15 - CONTINUATION OF CERTIFICATION AFTER SEPARATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Eligibility:
In the event a
				New Mexico certified telecommunicator, with five years or more of certified
				telecommunicator employment, leaves their position in good standing, the
				telecommunicator will be eligible to continue their New Mexico certification
				status provided the telecommunicator complies with the procedures outlined
				below.
B.
Procedure:
(1) Every eligible telecommunicator
				separating from public safety service may continue their New Mexico
				certification by successfully completing each year an approved 10 hour
				in-service training program approved by the academy and meeting the statutory
				mandate of at least two hours in academy accredited interaction with persons
				with mental impairments training pursuant to Subsection C of Section
				29-7-7.5
				NMSA 1978. This program will comply with the provisions of 10.29.7 NMAC
				In-Service Training Requirements.
(2) The telecommunicator must successfully
				complete the first approved 10 hour in-service training program within two
				years of separation. Following the initial reporting period, the
				telecommunicator must report by January 15of each calendar year the approved 10
				hour in-service training program by use of the LEA-85B form.
(3) The requirements of 10.29.10 NMAC,
				Renewal of Certification After Absence will apply to those telecommunicators
				not in compliance with the provisions of this section.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 30 - MILITARY AFFAIRS › Part 2 - ORDER PRESCRIBING REGULATIONS UNDER THE CODE OF MILITARY JUSTICE › Section 10.30.2.10 - JURISDICTION, COMPOSITION AND CONVENING OF COURTS-MARTIAL (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 30 - MILITARY AFFAIRS › Part 2 - ORDER PRESCRIBING REGULATIONS UNDER THE CODE OF MILITARY JUSTICE › Section 10.30.2.12 - DISPOSITION OF OFFENDERS OF NON-MILITARY OFFENSES (AR 633-1) (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 30 - MILITARY AFFAIRS › Part 2 - ORDER PRESCRIBING REGULATIONS UNDER THE CODE OF MILITARY JUSTICE › Section 10.30.2.13 - SUBMISSION OF AND ACTIONS UPON PREPARATION OF CHARGES (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 40 - CRIME VICTIMS › Part 1 - GENERAL PROVISIONS › Section 10.40.1.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Provisions for Part 1 of Chapter 40 [now 10.40.1 NMAC] apply
				  to the operation of the crime victims reparation commission.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 40 - CRIME VICTIMS › Part 1 - GENERAL PROVISIONS › Section 10.40.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Authority for Part 1 of Chapter 40 [now 10.40.1 NMAC] is the
				  Crime Victims Reparation Act, Sections
				  31-22-1
				  through
				  31-22-24,
				  NMSA 1978.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 40 - CRIME VICTIMS › Part 1 - GENERAL PROVISIONS › Section 10.40.1.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 14, 1998, unless different date is cited at the end of
				  a section or paragraph.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in brackets.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 40 - CRIME VICTIMS › Part 1 - GENERAL PROVISIONS › Section 10.40.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The crime victims reparation commission hereby promulgates
				  these regulations to provide for the orderly conduct of commission business; to
				  assure full compliance with the requirements of the Crime Victims Reparation
				  Act; and to enable the commission to promote a stronger and more effective
				  criminal justice system by encouraging all citizens to cooperate with law
				  enforcement efforts.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 40 - CRIME VICTIMS › Part 1 - GENERAL PROVISIONS › Section 10.40.1.8 - DUTIES OF THE COMMISSION BOARD

Current through Register Vol. 35, No. 13, July 16, 2024
A. The commission board shall annually elect
				from its membership a chairman and vice chairman. The vice chairman shall act
				as chairman if the chairman is absent.
B. A majority of the members of the
				commission board shall constitute a quorum for the conduct of commission
				business. The transaction of commission business shall be by majority vote of
				members present at the meeting.
C.
				The commission board shall annually adopt an open meetings resolution in
				compliance with the New Mexico Open Meetings Act.
D. The commission board shall adhere to the
				following when entering executive session for the purpose of discussing claims:
(1) A motion shall be made to enter executive
				session for the purpose of discussing claims which contain confidential medical
				and police information.
(2) The
				motion is to be seconded.
(3) The
				chairman shall request that the secretary poll the members.
(4) The secretary shall poll each member
				individually and record their vote.
(5) If the motion passes, the chairman will
				announce that the board is in closed session and ask visitors to leave and
				secure the doors.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 40 - CRIME VICTIMS › Part 1 - GENERAL PROVISIONS › Section 10.40.1.9 - FINANCES AND EMPLOYMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				director shall present the commission board with a detailed financial summary
				of income and expenses at each regular meeting. The financial reports shall
				cover all funds appropriated to, or administered, earned or expended by the
				commission from any source whatsoever, including federal, state and local
				funds. The financial reports shall specifically detail the status of the crime
				victims reparation fund.
B. The
				director shall hire staff, or change the salary of existing staff, within
				department of finance and administration and state personnel office guidelines.
				The commission board shall consider such hiring and salary changes other than
				legislative mandated changes at its next regular meeting. The commission board
				shall approve or disapprove the director's actions.
C. The director shall develop the budget and
				necessary appropriations request needed to fund that budget for the fiscal
				year. The director shall submit the proposed budget and appropriations request
				to the commission board for their review. The commission board shall review the
				budget and appropriations request and shall either approve it as submitted or
				make adjustments for final approval.
D. The commission may provide copies of
				documents to individuals requesting copies in accordance with Section
				31-22-18
				NMSA 1978. The procedure for providing copies is as follows:
(1) a written request on the form prescribed
				by the commission stating exactly what document is requested;
(2) a fee of twenty-five cents per page may
				be charged for copying;
(3) the
				copies will be provided within five working days unless the records have been
				placed in archive, in which case the copies will be provided as soon as
				practicable.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 40 - CRIME VICTIMS › Part 1 - GENERAL PROVISIONS › Section 10.40.1.10 - RULEMAKING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The purpose of
				this regulation is to establish a rulemaking procedure which will enable the
				commission to secure the views and statements of all interested persons
				concerning rules and regulations adopted pursuant to the Crime Victims
				Reparation Act.
B. Prior to the
				adoption, amendment or repeal of any rule, the commission shall, at least
				thirty days prior to its proposed action:
(1)
				Publish notice of its proposed action in a newspaper of general circulation in
				the state of New Mexico. Notify any person or group filing a written request
				for such notification to the crime victims reparation commission, notification
				being by mail to the last address specified by the person or group. Request
				from such persons or groups shall be renewed in January of each year.
(2) The notice of the proposed action shall:
(a) give the date, time and place of any
				public hearing and state the manner in which comments may be submitted to the
				commission by interested persons;
(b) describe the subject matter of the
				proposed regulation;
(c) describe
				the action proposed to be taken;
(d) state a location where the proposed rule
				may be obtained, or a written address from which the proposed rule may be
				procured by mail; and
(e) include
				reference to the statutory authority under which the rule is
				proposed.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 40 - CRIME VICTIMS › Part 1 - GENERAL PROVISIONS › Section 10.40.1.11 - DUTIES OF THE ATTORNEY GENERAL

Current through Register Vol. 35, No. 13, July 16, 2024
The attorney general shall represent the commission in all
				  litigation to which the commission is a party or in which the commission has an
				  interest. The attorney general shall serve as legal advisor to the
				  commission.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 40 - CRIME VICTIMS › Part 2 - COMPENSATION › Section 10.40.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Authority for Part 2 of Chapter 40 is the Crime Victims
				  Reparation Act, Sections
				  31-22-1
				  through
				  31-22-24 NMSA
				  1978.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 40 - CRIME VICTIMS › Part 2 - COMPENSATION › Section 10.40.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 2 of Chapter 40 is to establish clearly
				  the application procedures, eligibility, and processing required for victims to
				  receive compensation.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 40 - CRIME VICTIMS › Part 2 - COMPENSATION › Section 10.40.2.8 - APPLICATIONS FOR REPARATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Applications shall be filed on forms provided by the commission.
B. Application for reparation must be made to
				the crime victims reparation commission within two years of the date of the
				incident giving rise to the application. Filing of the application provided by
				the commission shall be considered received when the application is postmarked
				delivered or faxed within the two year time limit to the commission's offices.
				However, upon approval by the director, the director may find, in his
				discretion, that the application was received upon oral contact with the
				commission, or its employees, within two years of the date of the
				incident.
C. Application for
				reparation must be made directly to employees of the commission. Only the
				commission's employees are authorized to accept applications.
D. In no event shall reparation be given
				unless application has been made within two years after the injury or death
				except for minors as described in Subsection A of 10.40.2.9 NMAC of these
				regulations.
E. The word
				"eligible", as stated in Section
				31-22-3 H
				(2) NMSA 1978, includes Victims of Crime Act eligible programs.
F. [RESERVED]
G. After receipt of the application, the
				commission's staff may request additional information or documentation. If the
				victim/claimant fails to respond to any request of the commission's staff for
				additional documents or information, the victim's application may be presented
				to the commission board for denial.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 40 - CRIME VICTIMS › Part 2 - COMPENSATION › Section 10.40.2.9 - DATE OF INCIDENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. For
				all purposes of administering applications, the date of the injury or death
				shall be the date of incident. The only exception to this is when the victim is
				a minor and the application is for an alleged violation of Section
				30-6-1
				NMSA 1978, Abandonment or Abuse of a Child, Section
				30-9-11
				NMSA 1978, Criminal Sexual Penetration or Section
				30-9-13
				NMSA 1978, Criminal Sexual Contact of a Minor when the injury or death was
				reported to law enforcement after July 1, 1991. The date of incident for these
				violations shall be the first day the victim attains the age of eighteen or the
				date the violation is reported to a law enforcement agency, whichever occurs
				first. The victim must report the crime to a law enforcement agency within
				thirty days of attaining the age of eighteen. However, in cases of domestic
				violence or sexual assault, the victim must report to law enforcement within
				180 days of occurrence of the crime or in the case of a victim who is a minor
				of criminal sexual penetration or criminal sexual contact of a minor, the
				victim must report to law enforcement within 180 days of their eighteenth
				birthday.
B. Effective date of
				statutes: The effective date of statute changes shall be that which is
				prescribed by the constitution of the state of New Mexico.
C. The date of incident as stated in
				Subsection A of 10.40.2.9 NMAC of these regulations shall determine which
				statutes govern administering and payment of the application. No changes in
				statute shall affect an application unless the date of incident occurs on or
				after the effective date of the statute.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 40 - CRIME VICTIMS › Part 2 - COMPENSATION › Section 10.40.2.11 - REDUCTIONS AND DENIALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				commission board shall consider that the purpose of the New Mexico Crime
				Victims Reparation Act, as stated in Section
				31-22-2 NMSA
				1978, is to promote cooperation with law enforcement efforts and promote the
				public health, welfare, and safety of the citizens of New Mexico. In accordance
				with Section
				31-22-7
				C NMSA 1978, the commission board in determining whether to make an award may
				consider any circumstances it determines to be relevant.
(1) Also, as required by the statute, the
				commission board shall consider the behavior of the victim. This shall be
				applied equally and consistently to all persons. In considering the behavior of
				the victim, the commission board may reduce or deny an application under any
				relevant circumstances, including, but not limited to the following:
(a) knowing or willing involvement in the
				commission of a crime as defined in Section
				30-1-4
				NMSA 1978 at the time of incident;
(b) behavior constituting provocation or
				incitement;
(c) illegal drug
				use;
(d) gang-related crime or
				activity;
(e) knowingly or
				willingly riding in a vehicle operated by a person who is under the influence
				of alcohol or a controlled substance;
(f) operating a vehicle while legally
				intoxicated;
(g) failure to wear a
				seat belt as required by statute;
(h) victim/claimant knowingly falsifying
				application;
(i) intoxication where
				the judgment of a person would be impaired; or
(j) knowingly engaging in a physical
				altercation.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 40 - CRIME VICTIMS › Part 2 - COMPENSATION › Section 10.40.2.12 - APPEAL PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
If a victim/claimant feels that the commission board's
				  decision on their application is incorrect, they may file an appeal with the
				  agency. The appeal procedure is as follows:
A. The victim/claimant shall write a letter
				to the director requesting the director to review the commission board's
				decision. Any new or additional relevant information should be provided at this
				time. The director shall review the application file and additional information
				submitted and make a determination as to whether or not reconsideration of the
				original decision by the commission board is warranted. If the director feels
				the commission board should reconsider, the director shall present the
				application to the commission board and request a review of the decision. If
				the director concurs with the commission board, the director shall notify the
				victim/claimant of the decision.
B.
				The victim/claimant may request in writing a meeting between the
				victim/claimant and the director, staff to whom the application is assigned,
				and an independent victim advocate to discuss the issues. The director, staff
				to whom the application is assigned, and advocate shall then make a
				recommendation to the commission board.
C. If the victim/claimant disagrees with the
				results of steps one and two of the appeal procedure, then he/she may request
				in writing an appearance before the commission board. The director shall
				schedule the appearance before the commission board for the appeal. The
				victim/claimant may present any information he/she thinks is relevant. The
				commission board shall review the information presented and make a
				determination on the application. The decision of the commission board is
				final.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 40 - CRIME VICTIMS › Part 2 - COMPENSATION › Section 10.40.2.13 - SECURITY OF APPLICATION FILES

Current through Register Vol. 35, No. 13, July 16, 2024
A. After office hours, all application files
				shall be secured in a locked area.
B. A sign out sheet in the crime victims
				reparation commission office will be maintained for all files leaving the crime
				victims reparation commission office. No application files will be signed out
				unless adequate security for those files can be guaranteed.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 40 - CRIME VICTIMS › Part 2 - COMPENSATION › Section 10.40.2.14 - CONFIDENTIALITY

Current through Register Vol. 35, No. 13, July 16, 2024
Application files which contain confidential medical and
				  police records shall be considered confidential. No public disclosure of the
				  information contained within shall be made. All commission board members and
				  staff shall be responsible to maintain this confidentiality.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 40 - CRIME VICTIMS › Part 3 - FEDERAL GRANT PROGRAMS › Section 10.40.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Provisions of Part 3 of Chapter 40 [now 10.40.3 NMAC] provide
				  for the administering of the federal grant programs.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 40 - CRIME VICTIMS › Part 3 - FEDERAL GRANT PROGRAMS › Section 10.40.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Victims of Crime Act, 44 U.S.C. 10601, et
				  seq.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 40 - CRIME VICTIMS › Part 3 - FEDERAL GRANT PROGRAMS › Section 10.40.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 14, 1998, unless a different date is cited at the end
				  of a section or paragraph.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in brackets.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 40 - CRIME VICTIMS › Part 3 - FEDERAL GRANT PROGRAMS › Section 10.40.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 3 of Chapter 40 [now 10.40.3 NMAC] is
				  to provide guidance in the grant process for the federal
				  grants.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 40 - CRIME VICTIMS › Part 3 - FEDERAL GRANT PROGRAMS › Section 10.40.3.8 - VICTIMS OF CRIME ACT (VOCA) ASSISTANCE GRANT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The New Mexico crime victims reparation
				commission applies for and receives a Victims Of Crime Act (VOCA) grant each
				year. These funds are to be sub granted to public and non-profit agencies which
				provide a direct service to victims of crime. The New Mexico crime victims
				reparation commission shall publish a notice of grant availability in a
				newspaper of general circulation in the state of New Mexico. This notice shall
				contain the following:
(1) the amount of the
				award;
(2) the purpose of the
				award;
(3) general eligibility
				requirements;
(4) application
				deadline; and
(5) where additional
				information may be obtained.
(6)
				The VOCA grant provides for administrative cost to the CVRC. These funds may be
				used to pay salary, equipment, travel or other operating expenses. The grant
				also provides for funds to be used for training purposes.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 40 - CRIME VICTIMS › Part 3 - FEDERAL GRANT PROGRAMS › Section 10.40.3.9 - VOCA - VICTIM COMPENSATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Applications/proposals to the federal
				government for victim compensation funds will be presented to the commission
				board for approval prior to the submission of said application/proposal. If
				that is not feasible, then the application will be presented at the next
				regular meeting.
B. Victim
				compensation funds will be spent according to applicable state guidelines
				regarding compensation benefits.
C.
				Financial information regarding the status of victim compensation funds will be
				included in the agency financial report.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 40 - CRIME VICTIMS › Part 3 - FEDERAL GRANT PROGRAMS › Section 10.40.3.10 - S.T.O.P. VIOLENCE AGAINST WOMEN ACT (VAWA) GRANT PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
A. The New Mexico
				crime victims reparation commission applies for and receives Violence Against
				Women Act (VAWA) funds each year. The VAWA grant provides for administrative
				costs to the CVRC. These funds may be used to pay salary, equipment, travel, or
				other operating expenses. The director will appoint a steering committee to
				assist in developing the implementation plan for each year of funding. This
				committee will assist in establishing the types of projects that may be funded.
				The commission board will review and either approve or disapprove this
				recommendation at the board meeting.
B. [RESERVED]
C. Victim assistance or discretionary
				sub-recipient applicants dissatisfied with the preliminary award decision of
				the commission board may request an appeal before the commission. The appeal
				process is as follows:
(1) A request for an
				appeal must be made within ten days of preliminary notification of grant awards
				and/or denials.
(2) This request
				for an appeal must be made in writing and shall be submitted to the director of
				the crime victims reparation commission.
(3) The director shall notify the chairman of
				the appeal request and a hearing will be held at the next scheduled commission
				board meeting. The chairman may call a special meeting at his
				discretion.
(4) At such hearings
				the interested party may state their concerns or comments to the commission
				board. The commission board may set appeal hearing guidelines as needed. These
				may include, but not be limited to, time limits on presenters and public
				comments.
(5) Within ten days after
				the hearing, the commission board shall make a determination as to the appeal
				and the director will notify the applicant as to the outcome.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 2 - PUBLIC WORKS MINIMUM WAGE ACT POLICY MANUAL › Section 11.1.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Department of Workforce Solutions, Labor Relations
				  Division, Labor and Industrial Bureau, Public Works Section
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 2 - PUBLIC WORKS MINIMUM WAGE ACT POLICY MANUAL › Section 11.1.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All contractors, subcontractors, employers or any person
				  acting as a contractor who employs laborers or mechanics to perform work on a
				  public building, public works or public road projects.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 2 - PUBLIC WORKS MINIMUM WAGE ACT POLICY MANUAL › Section 11.1.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  13-4-11
				  through
				  13-4-15 and
				  Section
				  13-4D-4
				  NMSA 1978.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 2 - PUBLIC WORKS MINIMUM WAGE ACT POLICY MANUAL › Section 11.1.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 30, 2016, unless a later date is indicated at the
				  end of section.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 2 - PUBLIC WORKS MINIMUM WAGE ACT POLICY MANUAL › Section 11.1.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to define regulations necessary
				  for the application of prevailing wage rates for laborers and mechanics
				  employed on public works projects in the state including procedures for the
				  predetermination of wages, the adoption of job classification descriptions,
				  procedures for the enforcement of the Public Works Minimum Wage Act (PWMWA),
				  and procedures for the disposition of appeals brought under the Public Works
				  Minimum Wage Act. Regulations pertaining to apprentices and permanent job
				  classifications and descriptions for public works projects are also contained
				  in this rule.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 2 - PUBLIC WORKS MINIMUM WAGE ACT POLICY MANUAL › Section 11.1.2.8 - PREAMBLE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Every contract
				or project in excess of $60,000 that the state or any political subdivision
				thereof is a party to for construction, alteration, demolition or repair or any
				combination of these, including painting and decorating, of public buildings,
				public works or public roads of the state and that requires or involves the
				employment of mechanics, laborers or both shall contain a provision stating the
				minimum wages and fringe benefits to be paid to various classes of laborers and
				mechanics, which shall be based upon the wages and benefits that will be
				determined by the director to be prevailing for the corresponding classes of
				laborers and mechanics employed on contract work of a similar nature in the
				state or locality, and every contract or project shall contain a stipulation
				that the contractor, subcontractor, employer or a person acting as a contractor
				shall pay all mechanics and laborers employed on the site of the project
				unconditionally and not less often than once a week and without subsequent
				unlawful deductions or rebate on any account, at wage rates and fringe benefit
				rates not less than those determined by the director to be the prevailing wage
				rates and prevailing fringe benefit rates issued for the project.
B. Consistent with the provisions of
				11.1.2.12
				NMAC the director shall determine prevailing wage rates and prevailing fringe
				benefit rates for respective classes of laborers and mechanics employed on
				public works projects at the same wage rates and fringe benefit rates used in
				collective bargaining agreements between labor organizations and their
				signatory employers that govern predominantly similar classes or
				classifications of laborers and mechanics for the locality of the public works
				project and the crafts involved.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 2 - PUBLIC WORKS MINIMUM WAGE ACT POLICY MANUAL › Section 11.1.2.9 - RESPONSIBILITIES AND DUTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				director shall:
(1) coordinate the
				administration of the Public Works Minimum Wage Act;
(2) annually determine the prevailing wage
				and fringe benefit rates and the rate for the employer contributions to the
				public works apprentice and training funds, and publish said rates;
(3) pursue enforcement of the payment of
				prevailing wages and fringe benefit rates;
(4) adopt standard job classifications
				applicable on public works projects;
(5) adopt appropriate wage rate for all
				apprentices on public works projects;
(6) issue electronic correspondence of the
				appropriate wage rate decision or decisions to the requesting agency within
				five business days of receipt by the director of such agency's
				request;
(7) furnish the
				contracting agency and the contractor or employer with posters or written
				summaries containing the minimum wage rates of all employees for posting at
				each particular project site;
(8)
				notify the contracting agency and the contractor or employer when the
				contractor or employer has failed to comply with any requirement of the PWMWA
				and of the obligation of the contracting agency to withhold the payment of
				funds to the contractor or to ensure that all laborers and mechanics working on
				the project are paid according to the prevailing wage;
(9) request certified payrolls by letter or
				by issuing a subpoena at the director's discretion, if appropriate payments
				have not been made by an employer;
(10) notify the contracting agency and the
				contractor or employer of the right of the contracting agency to terminate the
				contract when a determination is made by the director of a willful failure of
				the contractor or employer to comply with the PWMWA.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 2 - PUBLIC WORKS MINIMUM WAGE ACT POLICY MANUAL › Section 11.1.2.11 - ADOPTION OF STANDARD JOB CLASSIFICATIONS AND DESCRIPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The director has adopted the standard job
				classifications and descriptions as set forth in
				11.1.2.18
				NMAC. Existing job classifications and descriptions shall remain effective
				until superseded on the effective date of newly adopted standard job
				classifications and descriptions.
B. The director may seek the assistance of
				contractors, contractors' associations, labor organizations, interested
				parties, and public officers in establishing standard job classifications and
				descriptions.
(1) Any person wishing to add,
				delete or modify a standard job classification and description shall submit a
				request in the manner prescribed by the division containing the proposed
				classification and description.
(2)
				Any proposal for a standard job classification and description shall contain
				the following clearly defined information:
(a)
				occupational title;
(b) a
				description of the physical duties to be performed by a laborer or mechanic
				having such a classification;
(c)
				evidence of existing prevailing rates of pay, including fringe
				benefits;
(d) evidence that the
				proposed classification is used in the type of contract work for which the
				classification is proposed; and
(e)
				such other justification as the director may deem
				advisable.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 2 - PUBLIC WORKS MINIMUM WAGE ACT POLICY MANUAL › Section 11.1.2.12 - PREDETERMINATION OF WAGE RATES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Not
				later than May 31 of each year, labor organizations and their signatory
				employers shall submit to the director signed copies of their current
				collective bargaining agreements that will be in effect during any portion of
				the following calendar year. Each labor organization or signatory employer
				submitting a collective bargaining agreement shall include a separate list that
				sets forth the wage and fringe rates as well as the apprenticeship
				contributions for all trades covered by the collective bargaining agreement,
				listed by type A, B, C, and H construction project, as identified in Section
				11.1.2.10
				NMAC above. In addition, interested parties may submit to the director for
				consideration, no later than May 31 of each year, collective bargaining
				agreements, interested party wage and fringe rate survey data, other written
				data collected during the preceding 12 month period, personal opinions and
				arguments supporting changes to the prevailing wage rates and prevailing fringe
				benefit rate determination. Submissions must be made as provided in the
				following subparagraphs:
(1) Collective
				bargaining agreements submitted to the director must be accompanied by a signed
				statement which is certified as true and correct to the best of the knowledge
				and belief of the person preparing the statement, under penalty of perjury, and
				which:
(a) certifies that the agreement filed
				is fully executed and in effect, unless it is a signed original agreement or
				photocopy thereof, or a printed copy of a fully executed agreement showing the
				names of the signatory parties or associations except in the case of a printed
				agreement the director may require certification; and
(b) names or otherwise identifies all New
				Mexico counties within the jurisdiction of the local union or unions signatory
				to the agreement;
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 2 - PUBLIC WORKS MINIMUM WAGE ACT POLICY MANUAL › Section 11.1.2.13 - PROCEDURE FOR ADOPTION OF WAGE RATES

Current through Register Vol. 35, No. 13, July 16, 2024
A. When the director has determined the
				proposed prevailing wage and fringe benefit rates applicable in the state for
				public works projects in accordance with
				11.1.2.12
				NMAC, the proposed prevailing wage and fringe benefit rates shall be subject to
				a public hearing before the secretary or a hearing officer designated by the
				secretary.
B. The time, date and
				place of said public hearing will be established at the discretion of the
				secretary. Notice of the subject matter, the action proposed to be taken, the
				time, date and place of the public hearing, the manner in which interested
				persons may present their views, and the method by which copies of the proposed
				rates may be obtained, shall be published once at least 30 days prior to the
				hearing date in a newspaper of general circulation. Such notice shall also be
				mailed or emailed by the director to all known interested parties at least 30
				days prior to the hearing date along with a copy of the proposed rates. Any
				objections to the proposed prevailing wage rates may be communicated to the
				director by an interested party either orally at such public hearing or in
				writing delivered to the director or the director's designee on or before the
				date of such public hearing.
C. The
				director shall consider fully all data, views, or arguments submitted in
				support of or in opposition to the proposed prevailing wage and fringe benefit
				rates before deciding to approve, modify or reject the prevailing wage and
				fringe benefit rates proposed by the director for public works
				projects.
D. The adoption of wage
				and fringe benefit rates by the director shall constitute an "action" which
				shall be appealable to the labor and industrial commission, sitting as the
				appeals board, pursuant to Subsection A of Section
				13-4-15 NMSA
				1978, and as described in
				11.1.2.17
				NMAC.
(1) Consistent with the right of appeal
				granted to any interested person by Section
				13-4-15, NMSA
				1978, the director shall not adopt the issued wage rates for 15 days following
				their issuance, while an appeal, if any, to the labor and industrial
				commission, sitting as the appeals board, is pending, or before the effective
				date of the decision by the labor and industrial commission pursuant to
				Subsection D of
				11.1.2.17
				NMAC.
(2) The labor and industrial
				commission is designated, pursuant to Section
				9-26-6,
				NMSA 1978, to hear appeals of the adoption of wage rates and shall conduct such
				appeals and render its decision pursuant to the procedures described in
				11.1.2.17
				NMAC.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 2 - PUBLIC WORKS MINIMUM WAGE ACT POLICY MANUAL › Section 11.1.2.14 - EFFECTIVE DATE OF WAGE RATES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The wage and fringe benefit rates are effective as of January 1 following
				adoption and publication.
B. If an
				appeal is filed pursuant to Subsection D of
				11.1.2.13
				NMAC, then the director shall adopt the wage rates, as modified by the labor
				and industrial commission, following expiration of the stays provided by
				Paragraph (2) of Subsection D of
				11.1.2.13
				NMAC.
C. Except as provided in
				Subsection D of 11.1.2.14 NMAC, each discrete public works project shall be
				governed by one wage and fringe rate decision, which shall remain effective for
				the duration of the project.
D. New
				wage rate decisions shall be issued for all contracts on which bids have not
				been submitted before the date on which a new wage determination becomes
				effective provided that any such new decision shall not supersede any
				previously issued decision unless such new decision is received by the
				contracting agency at least 10 days prior to the date on which bids are to be
				submitted. Wage and fringe rate corrections or changes to decisions rendered
				shall not be issued without allowing the requesting agency at least 10 days'
				notice before the date bids are to be submitted.
E. All decisions will remain in effect until
				their expiration date or until modified, corrected, rescinded or superseded by
				the director.
F. The procurement of
				services pursuant to state price agreements or other methods that serve to
				establish long-term pre-determination of the price of services shall alter the
				obligations of contracting agencies and contractors to adhere to the
				requirements of the PWMWA and these regulations.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 2 - PUBLIC WORKS MINIMUM WAGE ACT POLICY MANUAL › Section 11.1.2.17 - PROCEDURE FOR DISPOSITION OF APPEALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Purpose and scope: The regulations
				contained in this part set out the procedures by which appeals may be filed,
				and by which the labor and industrial commission, sitting as the appeals board,
				hears and decides appeals pursuant to Section
				13-4-15 NMSA
				1978. The intent of this part is to clarify and implement the responsibilities
				and rights of all interested parties as set out in the Public Works Minimum
				Wage Act, Sections
				13-4-11
				through
				13-4-17
				NMSA 1978
B. Filing the appeal:
(1) The notice of appeal shall, consistent
				with Subsection A of Section
				13-4-15 NMSA
				1978, be filed with the director within 15 days after a determination, finding,
				rule, or regulation has been issued or any other action taken, and notice of
				the action has been given pursuant to Section 16 of 11.1.2 NMAC of these rules
				and regulations or otherwise.
(2)
				The appellant shall, within 10 days after filing the appeal, file with the
				labor and industrial commission, in care of the office of the director, a
				concise statement of all determinations, findings or actions of the director
				with which the appellant disagrees and from which the appeal is taken, and a
				brief setting forth the reasons and authorities on which the appeal is
				based
(3) Within 10 days after the
				filing of the statement and brief, the director shall file a response setting
				forth the director's justification and authorities relied upon for the
				determination, findings, or action being appealed from which the appeal is
				being taken.
(4) Any interested
				person other than the appellant, directly affected by the determination,
				finding or action of the director, such as, contractors, contracting agencies,
				labor organizations and contractors' associations, may intervene and file a
				statement and brief, and may participate in the hearing conducted by the labor
				and industrial commission.
(5) The
				commission shall furnish copies of the statements, briefs, and answers filed in
				the appeal to the attorney general, and may request the attorney general to
				appoint independent counsel to represent it at the hearing.