reglab/statecodes huggingface dataset:
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 11.5.5.109 - COMMISSION RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Official journal:
Copies of all orders of the commission on the merits
				of any case, and copies of any other orders deemed by the commission to have
				precedential value, shall be kept by the commission secretary in an official
				journal, to be maintained indefinitely.
B.
Public inspection:
All
				records of the commission not otherwise protected by law will be available for
				inspection during normal business hours at the office of the commission
				secretary. Copies of such records will be provided upon request and payment of
				the cost of duplication. Certification of such copies, if requested, shall be
				provided at no additional charge.
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 11.5.5.110 - PROTECTION OF TRADE SECRETS AND OTHER CONFIDENTIAL INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
Upon application by any person in a proceeding where trade
				  secrets or other confidential matters may be divulged, the hearing officer
				  shall issue such orders as may be appropriate to protect the confidentiality of
				  such matters.
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 11.5.5.111 - APPEARANCE BY PARTIES OR ADVOCATES; SUBSTITUTION OF ADVOCATE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
(1) At any stage of the
				proceedings:
(a) a party who is an individual
				may appear in person or through an advocate; and
(b) any other party shall appear through an
				advocate.
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 11.5.5.112 - EX PARTE DISCUSSIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
(1) At no time during the
				pendency of a case shall any party or any advocate, officer, agent, or employee
				of a party discuss the merits of the case with any commission member,
				commission counsel, commission secretary, or hearing officer, except as
				provided in Subsection B of this Section.
(2) Paragraph 1 of this Subsection shall not
				be construed to preclude:
(a) the disclosure
				of any information contained in the commission's records to any person,
				including a party, so long as such information is not otherwise protected by
				law; nor
(b) the commission
				secretary or commission counsel from discussing individually with any party or
				any party's advocate, procedural matters such as the scheduling of hearings and
				similar non-substantive issues, so long as no party is afforded preferential
				treatment in any such discussion.
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 11.5.5.200 - SUBPART II: GENERAL DOCUMENT REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
[see Sections
				  11.5.5.201 NMAC
				  through
				  11.5.5.203
				  NMAC]
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 11.5.5.201 - FORM OF DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
Unless otherwise provided in this Part, all documents, except
				exhibits attached to other documents, filed or served in any proceeding under
				this Part shall be substantially in the format illustrated in Section 1000 [now
				11.5.5.1000 NMAC], or any other applicable form illustrated in Subpart X [now
				Sections 11.5.5.1000 through 1018 NMAC].
B.
Signing of documents:
(1) Except as provided in Paragraph 2 of this
				Subsection and in Subsection C of this Section, each document filed under this
				Part shall contain the name, address, and telephone number of, and shall be
				signed by, the party filing the document or by that party's advocate.
(a) The signature on a document constitutes a
				certificate that the signer has read the document; that to the best of the
				signer's knowledge, information and belief the statements made in the document
				are true; that there are good grounds to support the document; and that the
				document is not interposed for delay. If a document is signed with the intent
				to defeat the purpose of this Section, the document may be stricken as sham and
				false, and the case may proceed as if the document had not been filed or
				served.
(b) Only the original of a
				document is required to bear an original signature. Copies may either bear a
				copy of the signature or an indication, by rubber stamp, the symbol "s/", or
				other means, that the original was signed by the person whose signature block
				appears on the document.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES › Section 11.5.5.202 - FILING AND SERVICE OF DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
(1) The original of
				any document required to be filed under this Part shall be submitted directly
				to the commission secretary, except that the following documents first shall be
				submitted to the department for subsequent submission to the commission
				secretary:
(a) a notice of contest;
(b) an affidavit of posting providing proof
				of posting of a notice to affected employees (contest of citation), or an
				affidavit of explanation for non-posting filed in lieu thereof;
(c) a petition for modification of abatement
				period;
(d) an affidavit of posting
				providing proof of posting of a notice to affected employees (proposed
				modification of abatement period), or an affidavit of explanation for
				non-posting submitted in lieu thereof;
(e) an affidavit of posting providing proof
				of posting of a notice to affected employees (informal administrative review),
				or an affidavit of explanation for non-posting submitted in lieu
				thereof;
(f) a settlement
				agreement; and
(g) an affidavit of
				posting providing proof of posting of a notice to affected employees
				(settlement of case), or an affidavit of explanation for non-posting submitted
				in lieu thereof.
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 11.5.5.203 - NON-CONFORMING DOCUMENTS; NOTIFICATION OF DEFECTS; RESUBMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
The commission secretary shall record the date of receipt of,
				but shall not file, any document, other than a notice of contest or a petition
				for modification of abatement period, that:
(1) is not on 8 1/2 x 11-inch paper (except
				for exhibits);
(2) is not an
				original;
(3) does not contain a
				case caption and a case number;
(4)
				is not signed by the party submitting the document or that party's advocate;
				or
(5) does not include a
				certificate of service, unless the document is one for which this Part does not
				require a certificate of service.
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 11.5.5.300 - SUBPART III: INITIATION OF CASE AND INFORMAL ADMINISTRATIVE REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
[see Sections
				  11.5.5.301
				  NMAC -
				  11.5.5.307
				  NMAC]
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 11.5.5.301 - ISSUANCE AND AMENDMENT OF CITATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
Issuance of a
				citation shall be in accordance with the requirements of the Act and 11 NMAC
				5.1.23 [now 11.5.1.23 NMAC].
B.
Amended citation:
After receipt of a notice of contest or a
				petition for modification of abatement period, the department may amend a
				citation only:
(1) by leave of the commission
				pursuant to motion of the department; or
(2) pursuant to a settlement
				agreement.
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 11.5.5.302 - NOTICE OF CONTEST

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Who
				may file:
A notice of contest may be filed by any responsible
				employer.
B.
Grounds:
A notice of contest may be based upon any combination of:
(1) the existence or classification of any
				violation alleged in the citation;
(2) the amount of the penalty proposed for
				any violation; or
(3) the
				reasonableness of the abatement period for any violation alleged in the
				citation.
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 11.5.5.303 - PETITION FOR MODIFICATION OF ABATEMENT PERIOD

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Who may file:
A petition for
				modification of abatement period may be filed by any responsible employer, any
				affected employee, or any representative of affected employees.
B.
Grounds:
(1) A petition for modification of abatement
				period filed by a responsible employer shall be based upon allegations that the
				responsible employer has made a good faith effort to comply with the abatement
				requirements of a citation, but has been unable to complete such abatement
				because of factors beyond the responsible employer's reasonable
				control.
(2) A petition for
				modification of abatement period filed by an affected employee or a
				representative of affected employees shall be based upon allegations that the
				abatement period provided in the citation is unreasonable, and that the
				responsible employer reasonably can abate the violation within a shorter
				period.
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 11.5.5.304 - DOCKETING OF CASE

Current through Register Vol. 35, No. 13, July 16, 2024
Promptly upon receipt of a notice of contest or a petition
				  for modification of abatement period, the commission secretary shall docket the
				  case, assign a case number, and issue a notice of docketing.
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 11.5.5.305 - STAY OF ABATEMENT PERIOD

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
In a case initiated by a responsible employer in good
				faith and not solely for delay or avoidance of the penalty, the abatement
				period shall not begin to run until final resolution.
B.
Lack of good faith or delay:
Any findings of lack of good faith or of delay or avoidance of penalties must
				be set forth in an order by the commission together with the facts upon which
				the finding is based.
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 11.5.5.306 - INFORMAL ADMINISTRATIVE REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
The department
				shall initiate an informal administrative review promptly upon receipt of a
				notice of contest or a petition for modification of abatement period.
(1) Except as otherwise provided in this
				Section, scheduling and conduct of the informal administrative review shall be
				within the sole control of the department.
(2) When notifying the respondent in a case
				initiated by a notice of contest, or the petitioner in a case initiated by a
				petition for modification of abatement period, of any meeting or telephone
				conference held as part of the informal administrative review, the department
				shall include with such notification:
(a) a
				form for the notice to affected employees (informal administrative review)
				(Section 1006) [now 11.5.5.1006 NMAC] which the responsible employer may
				complete as appropriate;
(b) a form
				for the affidavit of posting (Section 1009) [now 11.5.5.1009 NMAC], including a
				certificate of service (Section 1001) [now 11.5.5.1001 NMAC] if applicable,
				which the responsible employer may complete as appropriate; and
(c) a brief explanation of how each form
				should be completed and either posted, or served and filed, as
				applicable.
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 11.5.5.307 - UNILATERAL VACATION OF CITATION; WITHDRAWAL OF CONTEST OR PETITION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
At any time prior to conclusion of the informal administrative
				review, provided there are no intervenors:
(1) in a case initiated by a notice of
				contest:
(a) the department may unilaterally
				and unconditionally vacate all contested items of a citation by filing a notice
				of vacation in the format illustrated in Section 1013 [now 11.5.5.1013 NMAC];
				or
(b) the respondent may
				unilaterally and unconditionally withdraw the notice of contest, by filing a
				notice of withdrawal in the format illustrated in Section 1014 [now 11.5.5.1014
				NMAC]; and
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 11.5.5.400 - SUBPART IV: PLEADINGS SUBSEQUENT TO DOCKETING

Current through Register Vol. 35, No. 13, July 16, 2024
[see Sections
				  11.5.5.401
				  NMAC -
				  11.5.5.404
				  NMAC]
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 11.5.5.401 - SUBSEQUENT PLEADINGS ALLOWED

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Case initiated by notice of contest:
The following pleadings, in
				addition to the notice of contest, are allowed in a case initiated by a notice
				of contest:
(1) the department's
				administrative complaint; and
(2)
				the respondent's answer (which shall be deemed a petition for hearing, whether
				or not the respondent includes a specific request for hearing).
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 11.5.5.402 - ADMINISTRATIVE COMPLAINT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Content:
The administrative complaint, in a case initiated by notice of
				contest, shall set forth, either directly or through incorporation by reference
				to the citation, all facts necessary to establish:
(1) the commission's jurisdiction over the
				parties and the subject matter;
(2)
				the date, location, and circumstances of each alleged violation that has been
				contested;
(3) any such alleged
				violations that have been settled and are no longer at issue, and all such
				alleged violations that are still at issue; and
(4) the considerations upon which each
				contested classification of violation, abatement period, or proposed penalty is
				based.
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 11.5.5.403 - REQUEST FOR HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Content:
The request for hearing, in a case initiated by a petition for
				modification of abatement period, shall state that the case has not been
				settled during the informal administrative review, and shall request that a
				hearing be scheduled on the petition for modification of abatement period, but
				need not reiterate the allegations contained in the petition.
B.
Service:
The request for
				hearing may be served upon the respondent by any method authorized by Section
				202.B.2 [now Paragraph (2) of Subsection B of 11.5.5.202 NMAC].
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 11.5.5.404 - ANSWER TO ADMINISTRATIVE COMPLAINT; RESPONSE TO PETITION FOR MODIFICATION OF ABATEMENT PERIOD

Current through Register Vol. 35, No. 13, July 16, 2024
A.
When
				filed:
(1) In a case initiated by
				notice of contest, the respondent's answer shall be filed within fifteen (15)
				days after the respondent's receipt of the administrative complaint.
(2) In a case initiated by a petition for
				modification of abatement period, each respondent's response to the petition
				for modification of abatement period shall be filed within ten (10) days after
				service of the petitioner's request for hearing.
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 11.5.5.500 - SUBPART V: MOTIONS, INTERVENTION, AND SETTLEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
[see Sections
				  11.5.5.501
				  NMAC -
				  11.5.5.503
				  NMAC]
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 11.5.5.501 - MOTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
All motions, except those made orally during a hearing, shall:
(1) be in writing;
(2) specify the grounds for the
				motion;
(3) state the relief or
				order sought; and
(4) if the motion
				requires consideration of facts not already in the record, have attached as
				exhibits all affidavits, certificates, depositions, or other documentary
				evidence relied upon.
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 11.5.5.502 - INTERVENTION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Intervention as of right:
(1) In any
				case, whether initiated by a notice of contest or a petition for modification
				of abatement period, any affected employee or representative of affected
				employees may intervene as of right by filing a notice of intervention, in the
				format illustrated in Section 1015 [now 11.5.5.1015 NMAC], at any time prior to
				commencement of the commission's hearing on the merits or filing of a
				settlement agreement, whichever is earlier.
(2) Any party who believes that a notice of
				intervention has been filed by a person not entitled to intervene as of right
				under this Subsection may, within five (5) days after being served with the
				notice of intervention, move to strike the notice of intervention.
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 11.5.5.503 - SETTLEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Settlement encouraged:
Settlement upon terms that are consistent with
				the provisions of the Act is encouraged at any stage of the
				proceedings.
B.
Content of
				settlement agreement:
Every proposed settlement agreement shall:
(1) state how each contested item of every
				citation in the case is affected by the settlement;
(2) if the settlement is contingent upon
				certain action by the respondent, describe the contingency and the consequences
				of the respondent's failure to meet the contingency;
(3) if the settlement is not intended as a
				full and complete settlement of all issues in the case, list those issues not
				settled;
(4) if the case was
				initiated by a notice of contest contain:
(a)
				a withdrawal of the respondent's contest, except as to any items not
				settled;
(b) statements that:
(i) the cited violations, except any alleged
				violations vacated by the settlement:
a) have
				been abated; or
b) will be abated
				by a date specified in the settlement agreement; and
(ii) the penalty, if any:
a) previously has been paid;
b) is tendered with the settlement agreement;
				or c) will be paid by a specified date;
(5) bear the signature and date of
				signature of:
(a) the complainant or
				petitioner, or that party's advocate;
(b) the respondent, or that party's advocate;
				and
(c) if there are intervenors,
				each intervenor who approves the settlement agreement, or their advocates;
				and
(6) if there are
				parties who have not approved the settlement agreement, include a certificate
				of service signed by one of the approving parties or by the advocate for one of
				the approving parties, and attesting to service of a copy of the settlement
				agreement on each party who has not approved the settlement
				agreement.
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 11.5.5.600 - SUBPART VI: DISCOVERY AND SUBPOENAS

Current through Register Vol. 35, No. 13, July 16, 2024
[see Sections
				  11.5.5.601
				  NMAC -
				  11.5.5.608
				  NMAC]
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 11.5.5.601 - GENERAL RULES REGARDING DISCOVERY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Timing of discovery:
Unless
				otherwise ordered by the hearing officer pursuant to Section 607 [now
				11.5.5.607 NMAC], no discovery shall be allowed until after conclusion of the
				informal administrative review.
B.
Filing not required; service and notice:
Except as otherwise
				provided, neither a request for discovery nor any response shall be filed with
				the commission.
(1) A party requesting
				discovery shall serve the discovery request upon the party from whom discovery
				is sought and shall file a notice with the commission, in the format
				illustrated in Section 1017 [now 11.5.5.1017 NMAC], indicating the date of
				service of the discovery request, the type of discovery sought, and the party
				from whom discovery is sought.
(2)
				A party responding to a discovery request shall serve the response upon the
				party making the request and shall file a notice with the commission, in the
				format illustrated in Section 1017 [now 11.5.5.1017 nMAC], indicating the date
				of service of the response, the type of discovery request to which the party is
				responding, and the party upon whom the response was served.
(3) A party making or responding to a
				discovery request shall, upon the request of any party other than the party
				upon whom the request or response is required to be served, provide a copy of
				the discovery request or response to that party.
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 11.5.5.602 - IDENTITY OF WITNESSES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Definition:
As used in this Section, "witness" means any person known or
				reasonably believed to have first-hand knowledge of the facts or circumstances
				of any matter relevant to any issue in a proceeding under this Part, whether or
				not any party intends to call such person to testify at the hearing.
B.
Request:
Except as otherwise
				provided in Subsection C of this Section, any party, upon request made to
				another party prior to hearing, is entitled to obtain the following
				information, to the extent known to the party from whom the information is
				requested:
(1) the names and addresses of all
				witnesses;
(2) the relationship, if
				any, of each such witness to the party of whom the request is made;
(3) a description of the general subject
				matter of the knowledge of each witness relevant to any issue in the case;
				and
(4) with regard to each
				witness, whether the party from whom the information is requested intends to
				call to testify at the hearing.
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 11.5.5.603 - PRODUCTION OF DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Definition:
As used in this Section, "document" includes writings,
				drawings, graphs, charts, photographs, audio recordings and other data
				compilations from which information can be obtained, and if necessary,
				translated through detection devices into reasonably usable form. In addition,
				each copy of a document that is not identical in all respects to every other
				copy shall be considered a separate document.
B.
Request:
Any party, upon
				written request made to another party, is entitled to inspect and make copies
				of any relevant documents in the possession or control of the other party,
				whether or not such documents are intended to be offered into evidence, subject
				only to such privilege as may be interposed. The request shall:
(1) set forth the items to be inspected,
				either by individual item or by category;
(2) describe each item and category with
				reasonable particularity; and
(3)
				specify a reasonable time, place and manner of making the inspection and
				copying the documents.
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 11.5.5.604 - REQUEST FOR ADMISSIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Request:
At any time after docketing of the case, any party may serve
				upon any other party a written request for the admission of any relevant facts
				set forth in the request, including the genuineness of any document. Each fact
				as to which admission is requested shall be set forth separately. A copy of any
				document referred to in the request shall be attached to the request as an
				exhibit, unless the document is already in the record. If the document is
				already in the record, it will be referred to with sufficient particularity to
				enable the party to whom the request is directed to identify the document with
				reasonable certainty.
B.
Response:
Each fact as to which admission is requested shall be deemed
				admitted unless, within ten (10) days after service of the request, or within
				such other period as the hearing officer may order upon motion and for good
				cause, the party to whom the request is directed serves upon the requesting
				party a written response specifically denying such fact.
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 11.5.5.605 - INTERROGATORIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Request:
Any party may serve upon any other party, without leave of the
				hearing officer, a single document containing no more that fifteen (15) written
				interrogatories. Each separately identified Subsection of any interrogatory
				shall be considered a separate interrogatory. Interrogatories exceeding the
				scope authorized by this Subsection shall be allowed only by order of the
				hearing officer in accordance with the procedures set forth in Section 607 [now
				11.5.5.607 NMAC].
B.
Response:
The party to whom the interrogatories are directed shall
				answer the interrogatories in writing, under oath, within ten (10) days after
				service of the interrogatories, or within such other period as the hearing
				officer may order upon motion and for good cause. The response shall be based
				not only upon the personal knowledge of the person signing on behalf of the
				responding party, but also upon information reasonably available to that person
				upon diligent inquiry.
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 11.5.5.606 - DEPOSITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Discovery
				depositions:
Discovery depositions shall not be allowed except by order
				of the hearing officer pursuant to the provisions set forth in Section 607 [now
				11.5.5.607 NMAC].
B.
Depositions to preserve evidence:
Any party may, for the purpose of
				preserving evidence, take the deposition of any person who would otherwise be
				called to testify at the hearing if the party taking the deposition reasonably
				believes that the deponent is likely to be unavailable at the hearing, within
				the meaning of SCRA 1986, 11-804.A.
(1) Any
				party who intends to take a deposition as authorized by this Subsection shall
				serve a notice of deposition on each other party, stating the name of deponent;
				the date, time and place of the deposition; and the grounds for believing the
				deponent is likely to be unavailable at the hearing. In addition, the party
				intending to take the deposition shall have the deponent served with a
				subpoena, except that no subpoena shall be required for any person who is a
				party or an officer, agent or employee of a party.
(2) Any party or the deponent may move for a
				protective order at any time within five (5) days after service of a notice of
				deposition or a subpoena, or at any time prior to the beginning of the
				deposition if the deposition is set for a time less than five (5) days after
				service of the notice of deposition or the subpoena.
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 11.5.5.607 - OTHER DISCOVERY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Additional discovery not favored:
Discovery not specifically provided
				for under this Part, including any discovery to be conducted prior to the
				conclusion of the informal administrative review, shall be permitted only upon
				determination by the hearing officer that:
(1) such discovery will not unreasonably
				delay the proceeding;
(2) the
				information to be obtained is not otherwise reasonably obtainable, may be lost,
				or may become unavailable because of physical illness or infirmity;
(3) there is a substantial reason to believe
				that the information sought will be admissible at the hearing or will be likely
				to lead to the discovery of admissible evidence; and
(4) if the party seeking to conduct the
				discovery seeks to do so prior to conclusion of the informal administrative
				review, that there is good cause to allow the discovery at that time.
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 11.5.5.608 - SUBPOENAS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Issuance:
(1) The commission secretary
				shall, upon request by a party and without the necessity for notice to any
				other party, issue a subpoena requiring the attendance and testimony of any
				witness and the production of any evidence in the possession or under the
				control of the witness, at a hearing or at a deposition authorized by Section
				606 [now 11.5.5.606 NMAC] or by order of the hearing officer. The party
				requesting the subpoena shall be responsible for:
(2) Any party requesting a subpoena shall be
				responsible for:
(a) providing the commission
				secretary with a subpoena form as illustrated in Section 1018 [now 11.5.5.1018
				NMAC], completed except for the commission's seal and the name and signature of
				the commission secretary; and
(b)
				having the subpoena served upon the witness to whom it is directed.
(3) The commission secretary shall
				maintain on hand a supply of blank subpoena forms to be provided to a party
				upon request.
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 11.5.5.700 - SUBPART VII: HEARING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
[see Sections
				  11.5.5.701
				  NMAC -
				  11.5.5.708
				  NMAC]
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 11.5.5.701 - SCHEDULING OF HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Time limitations:
Hearings shall be scheduled within the following time
				limits:
(1) Any hearing on a motion or
				settlement agreement shall be scheduled as promptly as feasible.
(2) Any hearing on the merits shall be
				scheduled to commence on a date within thirty (30) days after filing of the
				answer or request for hearing, as applicable.
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 11.5.5.702 - CONTINUANCE OF HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
(1) Except as provided in
				Paragraph 2 of this Subsection, the hearing officer may grant a continuance of
				any hearing upon motion of any party and for good cause.
(2) In a case initiated by a notice of
				contest, no continuance that would result in the commencement of the hearing on
				the merits later than thirty (30) days after the commission secretary's receipt
				of the respondent's answer shall be granted without the concurrence of the
				respondent, unless the hearing officer finds that the continuance is reasonably
				required due to some action, or failure to act, on the part of the
				respondent.
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 11.5.5.703 - PREHEARING CONFERENCE

Current through Register Vol. 35, No. 13, July 16, 2024
At any time prior to a hearing on the merits, the hearing
				  officer may, with or without motion by a party, order the parties to
				  participate in a prehearing conference for the purpose of considering matters
				  for simplification of the issues or expedition of the
				  hearing.
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 11.5.5.704 - FAILURE TO APPEAR

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Sanction:
If a party fails to appear for a hearing, the commission or
				the hearing officer may impose such sanctions as the commission or hearing
				officer, as applicable, deems appropriate; provided, any such sanctions having
				the effect of ultimately disposing of the case may be imposed only by the
				commission.
B.
Setting aside
				of sanction:
The commission or hearing officer, as applicable, shall set
				aside any sanctions imposed pursuant to Subsection A of this Section only upon
				motion of the party failing to appear and a showing that:
(1) the party did not receive the notice of
				hearing; or
(2) the party's failure
				to appear was not reasonably avoidable.
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 11.5.5.705 - CONDUCT OF HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
New
				Mexico Rules of Evidence as general guidance:
Except as otherwise
				provided in Subsection B of this Section, the New Mexico Rules of Evidence,
				SCRA 1986, 11-101 to 11-1102, shall be used as a general guide to the
				principles of evidence and may be used by the commission or hearing officer in
				determining the weight to be given any item of evidence, but shall not be
				binding in the determination of the admissibility of evidence.
B.
Specific provisions of Rules of
				Evidence applicable to commission proceedings:
(1) The following provisions of the New
				Mexico Rules of Evidence shall be binding in commission proceedings:
(a) Article 2, Judicial Notice; provided, the
				term "judicial notice" shall be construed to mean "official notice";
(b) Article 4, Relevancy and its Limits;
				provided, for purposes of SCRA 1986, 11-408, the informal administrative review
				shall be deemed a compromise negotiation;
(c) Article 5, Privileges;
(d) the following portions of Article 6,
				Witnesses:
(i) Rule 11-603, Oath or
				Affirmation;
(ii) Rule 11-604,
				Interpreters;
(iii) Rule 11-605,
				Competency of Judge as Witness;
(iv) Rule 11-614, Calling and Interrogation
				of Witnesses by Judge; and
(v) Rule
				11-615, Exclusion of Witnesses; and
(e) Rule 11-804.A, Definition of
				Unavailability.
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 11.5.5.706 - BURDEN OF PROOF

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Case
				initiated by notice of contest:
In proceedings commenced by the filing
				of a notice of contest, the department shall have the burden of establishing a
				prima facie case as to:
(1) the existence and
				classification of each alleged violation;
(2) the propriety of the proposed penalty, if
				any, for each alleged violation; and
(3) the reasonableness of the abatement
				period for each alleged violation.
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 11.5.5.707 - OBJECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
Any objection with respect to the conduct of the hearing,
				including any objection to the introduction of evidence, may be stated orally
				or in writing, accompanied by a short statement of the grounds for the
				objection. All objections, and the hearing officer's rulings thereon, shall be
				included in the record.
(1) If a quorum of
				the commission is present at the hearing, any party dissatisfied by a ruling of
				the hearing officer may immediately take exception to such ruling.
(a) If an exception is taken, the commission
				shall immediately decide whether to sustain or reverse the hearing officer's
				ruling.
(b) Failure to take an
				exception when a quorum of the commission is present shall constitute a waiver
				of the objection.
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 11.5.5.708 - TRANSCRIPTION OF PROCEEDINGS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise ordered by the commission, a verbatim
				  transcript of the hearing shall be made by a certified court reporter. The cost
				  of transcription, including the cost of the commission's copies of the
				  transcript, shall be paid by the commission. The cost of copies of the
				  transcript for the parties shall be paid by the parties requesting such
				  copies.
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 11.5.5.800 - SUBPART VIII: POST-HEARING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
[see Sections
				  11.5.5.801
				  NMAC -
				  11.5.5.807
				  NMAC]
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 11.5.5.802 - FILING OF BRIEFS AND PROPOSED FINDINGS AND CONCLUSIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise ordered by the hearing officer upon motion
				  of a party, each party may file proposed findings of fact and conclusions of
				  law, a closing brief, or both, within twenty (20) days after service of the
				  notice of transcript filing.
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 11.5.5.803 - REOPENING OF HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
A hearing may be reopened to permit the taking of additional
				evidence at any time prior to issuance of an order on any issue heard at the
				hearing, upon a finding by the commission or the hearing officer, as
				applicable:
(1) as to any excluded evidence,
				whether or not in response to a motion of a party, that such exclusion was both
				erroneous and prejudicial; provided:
(a) if a
				quorum of the commission was present at the hearing, the party offering the
				evidence took exception to the hearing officer's ruling; and
(b) in any event, the party offering the
				evidence submitted an offer of proof; or
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 11.5.5.804 - DECISIONS ON THE MERITS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Form:
All decisions on the merits shall be by written order
				signed by the commission members deciding the contest. The order shall set
				forth the facts necessary to an understanding of the case, the reasons for the
				decision, and the decision.
B.
Concurring or dissenting opinion:
Any commission member who does
				not agree in full with the majority may write a concurring or dissenting
				opinion, which shall be included with the commission's decision.
C.
Filing and service of, and response
				to, recommended decision:
If a hearing officer, other than a commission
				member or the commission counsel, has been directed by the commission to submit
				a recommended decision, the hearing officer shall serve a copy of the
				recommended decision upon each party and file the original with the commission
				secretary.
(1) Any party may file a response
				to the recommended decision, including argument for or against the recommended
				decision or for modification of the recommended decision, within twenty (20)
				days after service of the recommended decision.
(2) Any response to the recommended decision
				shall include appropriate citations to the hearing record or to legal
				authority. No new evidence shall be included in a response, nor shall any legal
				argument be presented that was not presented at the hearing unless the party
				filing the response shows that the issue addressed by such legal argument could
				not reasonably have been anticipated at the hearing.
(3) As used in this Subsection, "recommended
				decision" includes proposed findings of fact and conclusions of law.
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 11.5.5.805 - REHEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Showing
				required:
After final resolution, the commission shall not rehear the
				case unless the party requesting the rehearing demonstrates, to the
				satisfaction of the commission, that new evidence exists, that it was not, and
				could not have been, considered at the prior hearing, and that the new evidence
				could have affected the final resolution.
B.
Effect on finality of order:
A motion for rehearing does not affect the finality of the order nor suspend
				its operation.
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 11.5.5.806 - STAY OF ORDER

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Time
				for filing:
Any motion for stay of an order shall be filed within
				fifteen (15) days after the order is filed.
B.
Showing required; granting of
				stay:
No stay shall be granted from any final resolution unless the
				party requesting the stay demonstrates, to the satisfaction of the commission,
				that good cause exists for a stay. If the commission finds that good cause
				exists, it may order a stay for the period requested or, at its discretion, for
				any period it deems appropriate.
C.
Automatic denial:
Any motion for stay that is not acted upon
				within fifteen (15) days after filing shall be deemed denied.
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 11.5.5.807 - APPEALS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
How
				taken:
Appeals from commission orders shall be as provided by
				statute.
B.
Preparation of
				record on appeal:
(1) The commission
				secretary shall be responsible for preparation and certification of the record
				proper in accordance with applicable court rules regarding appeals from
				decisions of administrative agencies.
(2) The court reporter who recorded the
				hearing shall be responsible for preparation of the transcript of hearing in
				accordance with applicable court rules regarding appeals from decisions of
				administrative agencies.
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 11.5.5.900 - SUBPART IX: MISCELLANEOUS PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[see Sections
				  11.5.5.901 NMAC -
				  11.5.5.906
				  NMAC]
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 11.5.5.901 - CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
This Part shall be construed so as to accomplish the purpose
				  of the Act.