reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 9 - PERFORMANCE APPRAISALS › Section 10.12.9.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 31-15-2.4(B)(6) NMSA 1978 and, Section
				  31-15-7
				  NMSA 1978.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 9 - PERFORMANCE APPRAISALS › Section 10.12.9.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2015, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 9 - PERFORMANCE APPRAISALS › Section 10.12.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 9 of Chapter 12 is: to provide for the
				  regular appraisal and documentation of employee performance and review of
				  department management compliance in conducting performance
				  appraisals.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 9 - PERFORMANCE APPRAISALS › Section 10.12.9.8 - FORM

Current through Register Vol. 35, No. 13, July 16, 2024
A. The performance
				and development of managers and employees shall be documented on a chief
				approved appraisal form that includes:
(1)
				basic employee information (employee's name, working title, employee
				identifcation number, position number, anniversary date, and the name of their
				immediate supervisor);
(2) job
				assignments and goals;
(3)
				performance rating areas; and
(4)
				signature spaces for the employee, rater and reviewer to record initial,
				interim and final performance appraisal discussions.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 9 - PERFORMANCE APPRAISALS › Section 10.12.9.9 - PERFORMANCE APPRAISAL

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Managers and supervisors must successfully complete a human resource
				director-approved course of study on employee performance appraisal within 90
				days of appointment as a supervisor.
B. The performance and development of a
				career employee shall include at least one interim evaluation and a final
				evaluation appraised by the immediate supervisor prior to the employee's
				anniversary date.
C. The
				performance and development of a probationary employee shall be reviewed
				through at least two interim reviews and a final review prior to the completion
				of the employee's probationary period. The performance and development of
				promoted employees shall be reviewed through at least two interim reviews and a
				final review prior to the completion of a one-year period upon
				promotion.
D. The appraisal of
				employee performance and development shall be performed by the immediate
				supervisor with employee input and participation. Additional input and
				participation from employee's peers, customers, subordinates, or other
				appropriate personnel may be applied when appropriate.
E. Appraisals may be performed whenever an
				immediate supervisor wishes to make an employee's performance a matter of
				record, upon change of immediate supervisor, or whenever appropriate.
F.Managers and immediate supervisors who fail
				to comply with the provisions this rule may be subject to disciplinary action
				including dismissal.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 9 - PERFORMANCE APPRAISALS › Section 10.12.9.10 - REBUTTAL

Current through Register Vol. 35, No. 13, July 16, 2024
Employees may submit a rebuttal to performance appraisals,
				  which shall become a part of the performance appraisal.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 9 - PERFORMANCE APPRAISALS › Section 10.12.9.11 - REPORT TO THE CHIEF

Current through Register Vol. 35, No. 13, July 16, 2024
During the fourth quarter of each calendar year the human
				  resource director shall report to the chief on the record of each district
				  defender, managing attorney, or other supervisor in conducting performance
				  appraisals of their employees. All managers shall cooperate with the human
				  resource director and provide the human resource director with such information
				  concerning its performance appraisals as the human resource director may
				  require.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 10 - FURLOUGH, REDUCTION IN FORCE, REEMPLOYMENT, SEPARATION WITHOUT PREJUDI › Section 10.12.10.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Applies to current and former employees.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 10 - FURLOUGH, REDUCTION IN FORCE, REEMPLOYMENT, SEPARATION WITHOUT PREJUDI › Section 10.12.10.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 31-15-2.4(B)(6), Section
				  31-15-7
				  NMSA 1978, Sections
				  28-15-1
				  to
				  28-15-3
				  and
				  38 U.S.C. Section
				  2021; Section 13: NMSA 1978, Section
				  52-1-25.1.
				  NMSA 1978.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 10 - FURLOUGH, REDUCTION IN FORCE, REEMPLOYMENT, SEPARATION WITHOUT PREJUDI › Section 10.12.10.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2015, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 10 - FURLOUGH, REDUCTION IN FORCE, REEMPLOYMENT, SEPARATION WITHOUT PREJUDI › Section 10.12.10.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 10 of Chapter 12 is: to provide a
				  system for employee furlough, and separation upon reduction in force; to
				  provide for reemployment after military service; to provide for injured
				  employees' return to work, and potential separation.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 10 - FURLOUGH, REDUCTION IN FORCE, REEMPLOYMENT, SEPARATION WITHOUT PREJUDI › Section 10.12.10.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Furlough" means
				a temporary placement of an employee in a reduced work hour schedule, which can
				either be partial or full-time, for lack of work or funds.
B. "Agency hire date" means the date on which
				an employee's current continuous employment with the department or its legal
				predecessor began.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 10 - FURLOUGH, REDUCTION IN FORCE, REEMPLOYMENT, SEPARATION WITHOUT PREJUDI › Section 10.12.10.8 - FURLOUGH

Current through Register Vol. 35, No. 13, July 16, 2024
A. In the event of
				the need for a furlough, an agency shall submit a plan identifying
				organizational units to be affected by the furlough to the chief for approval
				to execute the furlough.
B. The
				furlough plan shall affect all employees within the organizational unit
				impacted to the same extent.
C. No
				furlough shall exceed 12 months in duration.
D. Employees shall be given at least 14
				calendar days written notice of furlough, unless the time limit is waived by
				the chief. Notice shall be served by certified mail.
E. Employees shall be returned from furlough
				when the reasons for the furlough cease to exist. Wherever possible, all
				affected employees shall be returned at the same time, to the same
				extent.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 10 - FURLOUGH, REDUCTION IN FORCE, REEMPLOYMENT, SEPARATION WITHOUT PREJUDI › Section 10.12.10.9 - REDUCTION IN FORCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				department may lay off employees only for deletion of positions, shortage of
				work or funds, or other reasons that do not reflect discredit on the services
				of the employees.
B. The human
				resource director shall identify organizational units for purposes of a layoff
				and submit a written plan to the chief. Such organizational units may be
				recognized on the basis of geographic area, function, funding source, or other
				factors. The human resource director must define the classifications affected
				within the organizational unit.
C.
				Upon chief approval of a layoff plan, the department shall initiate a right of
				first refusal within the agency. All employees affected by the layoff shall be
				provided the following rights:
(1) employees
				to be affected by the reduction in force (RIF) shall be provided the right of
				first refusal to any position to be filled within the department for which they
				meet the established requirements, at the same or lower midpoint than the
				midpoint of the position the employee currently holds, unless there is an
				actual layoff candidate exercising RIF rights for that position;
(2) affected employees shall compete only
				with other department employees affected by the reduction in force;
(3) the list of eligible candidates for the
				open positions shall be comprised of those affected employees meeting the
				established requirements of the position;
(4) employees shall have 11 calendar days
				from the date of an offer to accept the position unless otherwise agreed;
				employees who do not accept an offer shall not lose the right of first refusal
				status to other positions; and
(5)
				the right of first refusal shall extend until the first effective date of
				layoff as defined in the plan.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 10 - FURLOUGH, REDUCTION IN FORCE, REEMPLOYMENT, SEPARATION WITHOUT PREJUDI › Section 10.12.10.10 - RETURN FROM REDUCTION IN FORCE

Current through Register Vol. 35, No. 13, July 16, 2024
A.Former employees who were in career status
				at the time of separation by a reduction in force shall have reemployment
				rights within the department, for a six-month period, under the following
				provisions:
(1) former employees shall be
				returned to work in order of highest service date as determined by agency hire
				date to any position to be flied; the position must contain the same or lower
				midpoint as that held at the time of the former employee's separation, provided
				the former employee has made application for said position and meets the
				established requirements;
(2)
				offers of employment shall be made in writing and shall be delivered by a
				method that provides proof of service or attempted service;
(3) a former employee who is offered and
				accepts employment after layoff shall occupy the position within 14 calendar
				days of accepting the offer of employment or forfeit the right to employment;
				and
(4) any former employee who
				refuses an offer of employment or fails to respond to an offer of employment
				within 14 calendar days shall be removed from the employment list for the
				position offered.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 10 - FURLOUGH, REDUCTION IN FORCE, REEMPLOYMENT, SEPARATION WITHOUT PREJUDI › Section 10.12.10.11 - REEMPLOYMENT AFTER MILITARY SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
Any employee who separates from the classified service to
				  enter the United States armed forces, national guard, or an organized reserve
				  unit may be reemployed in accordance with the provisions of
				  38 U.S.C. Section
				  2021 and Sections 28 - 15 - 1 to 28 - 15 - 3
				  NMSA 1978.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 10 - FURLOUGH, REDUCTION IN FORCE, REEMPLOYMENT, SEPARATION WITHOUT PREJUDI › Section 10.12.10.12 - EARLY RETURN-TO-WORK/MODIFIED DUTY ASSIGNMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.Employees who have been unable to work
				because of a compensable injury or illness under the workers' compensation act
				may return to work in a modified duty assignment for up to six months which may
				be extended for a period of up to six additional months if substantial progress
				in the recovery of an injured or ill employee has been demonstrated and it has
				been anticipated the injured or ill employee will be able to return to full
				duty within the time frame of the considered extension.
B. The department shall make a good faith
				effort to identify and offer modified duty/return to work opportunities to
				injured or ill employees in accordance with the provisions of Section
				52-1-25.1
				NMSA 1978 and
				52-3-49.1
				NMSA 1978. At the department's discretion the employee may be assigned to his
				or her current classification with modified duties or to a temporary assignment
				comprised of a combination of duties from a variety of positions.
C. Employees on modified duty assignment to a
				temporary position shall maintain their salary and status for the duration of
				such temporary assignment.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 10 - FURLOUGH, REDUCTION IN FORCE, REEMPLOYMENT, SEPARATION WITHOUT PREJUDI › Section 10.12.10.13 - SEPARATION WITHOUT PREJUDICE

Current through Register Vol. 35, No. 13, July 16, 2024
A.Employees who have suffered an injury or
				illness which is compressible under the workers' compensation act and are
				physically or mentally unable to perform the essential functions of their
				pre-injury/pre-illness position, with or without reasonable accommodation,
				shall be separated from the department without prejudice provided:
(1) the employee has been afforded modified
				duty in accordance with these rules;
(2) the employee has reached maximum medical
				improvement prior to the completion of up to 12 months of modified duty; or,
				the employee has not reached maximum medical improvement upon the expiration of
				up to 12 months of modified duty;
(3) all efforts to accommodate the medical
				restrictions of the employee have been made and documented; and
(4) reasonable efforts to find other suitable
				vacant positions within the department at the same or lower midpoint than the
				midpoint of the pre-injury/pre-illness position have been made for which:
(a) the employee meets the established
				requirements and can perform the essential functions of the job, either with or
				without reasonable accommodation, or
(b) the employee holds qualifications and
				abilities necessary for successful job performance and can perform the
				essential functions of the job, either with or without reasonable
				accommodation.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 10 - FURLOUGH, REDUCTION IN FORCE, REEMPLOYMENT, SEPARATION WITHOUT PREJUDI › Section 10.12.10.14 - RE EMPLOYMENT OF JOB-RELATED INJURED OR ILL FORMER EMPLOYEES

Current through Register Vol. 35, No. 13, July 16, 2024
A.A former employee
				who has separated from the department due to job-related injury or illness and
				who has received or is due to receive benefits under the Workers' Compensation
				Act shall have reemployment rights in accordance with the provisions of Section
				52-1-50.1
				NMSA 1978 and Section
				52-3-49
				NMSA 1978 under the following provisions:
(1)
				Reemployment rights under this rule are extended only to employees of the
				department at the time of the job-related injury or illness and are provided
				only for positions which contain the same or lower midpoint as that held at the
				time of separation.
(2) To initiate
				reemployment rights under this rule, the former employee must notify the human
				resource director in writing of their desire to be reemployed. The notification
				shall include the positions and locations, which the former employee is willing
				to accept, and an appropriate application for employment.
(3) The department must receive certification
				in writing from the treating health care provider that the former employee is
				fit to carry out the essential functions of the position with or without
				reasonable accommodation without significant risk of re-injury or relapse to
				illness.
(4) When the department is
				to fill a vacant position which is a position and location indicated by the
				former employee, the department shall offer the job to the former employee
				provided:
(a) the employee meets the
				established requirements and can perform the essential functions of the job,
				either with or without reasonable accommodation, or
(b) the employee holds qualifications and
				abilities necessary for successful job performance and can perform the
				essential functions of the job, either with or without reasonable
				accommodation.
(5)
				Former employees reemployed in accordance with these provisions will hold the
				status of the position in accordance with these rules 10.12.2.9 NMAC,
				10.12.2.10 NMAC or 10.12.2.11 NMAC and do not have to serve a probationary
				period if they were in career status at the time of separation.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 11 - DISCIPLINE › Section 10.12.11.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 31-15-2.4(B) (6), NMSA 1978; Section
				  31-15-7,
				  NMSA 1978 and Sections
				  28-2-1 to
				  28-2-6
				  NMSA 1978.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 11 - DISCIPLINE › Section 10.12.11.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 11 of Chapter 12 is: to provide a
				  mechanism by which management can implement constructive, progressive steps
				  towards solving performance or conduct problems.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 11 - DISCIPLINE › Section 10.12.11.8 - DISCIPLINE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The primary
				purpose of discipline is to correct performance or conduct that is below
				acceptable standards, or contrary to the department's legitimate interests, in
				a constructive manner that promotes employee responsibility.
B. Progressive discipline shall be used
				whenever appropriate. Progressive discipline can range from a reminder, to an
				oral or written reprimand, to a suspension, demotion or dismissal. There are
				instances when a disciplinary action, including dismissal, is appropriate
				without first having imposed a less severe form of discipline.
C. Alternative methods to resolve conflicts
				or improve employee performance or conduct shall be utilized whenever
				appropriate.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 11 - DISCIPLINE › Section 10.12.11.9 - NOTICES AND COMPUTATION OF TIME

Current through Register Vol. 35, No. 13, July 16, 2024
A. Notices prescribed by 10.12.11 NMAC shall
				be served in accordance with the provisions of 10.12.1.10 NMAC.
B. The computation of time prescribed or
				allowed by 10.12.11 NMAC shall be in accordance with the provisions of
				10.7.1.11 NMAC.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 11 - DISCIPLINE › Section 10.12.11.10 - JUST CAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. An employee
				who has completed the probationary period required by Subsection A of 10.12.2.8
				NMAC may be suspended, demoted, or dismissed only for just cause which is any
				behavior relating to the employee's work that is inconsistent with the
				employee's obligation to the department.
B.Just cause includes, but is not limited to:
				inefficiency; incompetency; misconduct; negligence; insubordination;
				performance which continues to be unsatisfactory after the employee has been
				given a reasonable opportunity to correct it; absence without leave; any
				reasons prescribed in 10.12.8 NMAC; failure to comply with any provision of
				office policies and procedures after the employee has been given an opportunity
				to correct the conduct; failure to comply with any provisions of these Rules;
				falsifying official records and/or documents such as employment applications,
				or conviction of a felony or misdemeanor when the provisions of the Criminal
				Offender Employment Act, Sections
				28-2-1 to
				28-2-6
				NMSA 1978, apply.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 11 - DISCIPLINE › Section 10.12.11.11 - PROBATIONERS AND EMPLOYEES IN EMERGENCY OR TEMPORARY STATUS

Current through Register Vol. 35, No. 13, July 16, 2024
Probationers and employees in emergency or temporary status
				  may be suspended, demoted, or dismissed effective immediately with written
				  notice and without right of appeal. The written notice shall advise the
				  employee of the conduct, actions, or omissions which resulted in the
				  suspension, demotion, or dismissal which may or may not amount to just
				  cause.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 11 - DISCIPLINE › Section 10.12.11.12 - ADMINISTRATIVE LEAVE PENDING DISCIPLINARY ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
The chief may authorize administrative leave for a period
				  sufficient and consistent with the best interests of the department to complete
				  a disciplinary action proceeding or investigation.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 11 - DISCIPLINE › Section 10.12.11.13 - EMPLOYEES IN CAREER STATUS

Current through Register Vol. 35, No. 13, July 16, 2024
A.Notice of contemplated action:
(1)To initiate the suspension, demotion, or
				dismissal of an employee in career status and an employee in term status who
				has completed the probationary period, a notice of contemplated action shall be
				served on the employee which: describes the conduct, actions, or omissions
				which form the basis for the contemplated disciplinary action; gives a general
				explanation of the evidence; advises the employee of his or her right to
				inspect and obtain copies of any documentary evidence relied upon; specifies
				what the contemplated action is; and states that the employee has 11 calendar
				days from service of the notice to respond in writing to the notice or to
				request an opportunity for an oral response.
(2)When the notice of contemplated action is
				served by mail, the employee receiving service shall have three additional
				calendar days in which to file a response.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 12 - ADJUDICATION › Section 10.12.12.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 10-15-1(H) NMSA 1978; Section 31-15-2.4(B)(6) NMSA
				  1978 and Section
				  31-15-7
				  NMSA 1978.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 12 - ADJUDICATION › Section 10.12.12.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 12 of Chapter 12 is: to provide a
				  system for career status employees to appeal disciplinary
				  actions.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 12 - ADJUDICATION › Section 10.12.12.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Discipline
				Review Board" or "board" means a three member board to hear disciplinary
				appeals composed of one district defender, one neutral hearing officer and one
				employee appointed by the chief from a pool of volunteers.
B. "Chairperson" means the district defender
				appointed to the board.
C. "Neutral
				hearing officer" means a hearing officer on contract with the department
				selected by the chief in consultation with the pool of volunteer
				employees.
D. "Pool" means
				employees selected by each district to serve as a volunteer on the disciplinary
				review board.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 12 - ADJUDICATION › Section 10.12.12.8 - FILING AN APPEAL

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Employees who have completed the probationary period as required by Subsection
				A of 10.12.2.8 NMAC and have been demoted, dismissed, or suspended have the
				right to appeal to the discipline review board at a public hearing.
B. A notice of appeal must be in writing and
				fled with the human resource director no later than 30 calendar days from the
				effective date of the dismissal, demotion, or suspension. A copy of the notice
				of final action and a statement of the grounds for the appeal must accompany
				the notice of appeal. Appeals not fled within 30 calendar days shall be
				dismissed by the human resource director for lack of jurisdiction.
C. Within 15 days from the date of dismissal,
				an appellant may request a hearing in which to present evidence challenging a
				dismissal for lack of jurisdiction. If a hearing on the dismissal is held,
				human resource director shall submit a recommended decision to the deputy chief
				which shall contain a summary of the evidence and fndings of fact and
				conclusions of law. The deputy chief shall then issue a final
				decision.
D. Upon acceptance of a
				notice of appeal, the chief shall appoint a district defender to serve as the
				chairperson of the disciplinary review board. The chairperson shall issue a
				scheduling order directing the parties, in part, to submit to the chairperson a
				stipulated pre-hearing order for his/ her approval, which shall contain at
				least: a statement of any contested facts and issues; proposed stipulation of
				those facts not in dispute; the relief or remedy requested by the appellant; a
				deadline for disclosure of all probable witnesses with a brief summary of their
				anticipated testimony and documentary evidence; a list of exhibits; a deadline
				for the completion of discovery and fling of motions; a deadline for requesting
				subpoenas; and whether the parties agree to participate in voluntary
				alternative dispute resolution.
(1) The
				chairperson may further revise the pre-hearing order.
(2) Any discussion concerning possible
				settlement of an appeal shall not be a part of the pre-hearing order and may
				not be introduced at the hearing.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 12 - ADJUDICATION › Section 10.12.12.9 - AGENCY WITHDRAWAL OF DISCIPLINE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department may withdraw a completed
				disciplinary action prior to commencement of a disciplinary review board
				hearing so long as the appellant is fully restored to pre-disciplinary status
				insofar as employment, back pay and benefits are concerned.
B. Upon department withdrawal of a
				disciplinary action, the chairperson may dismiss the appeal without prejudice
				to the department, which may reinitiate disciplinary action.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 12 - ADJUDICATION › Section 10.12.12.10 - CHAIRPERSON

Current through Register Vol. 35, No. 13, July 16, 2024
A. The chairperson
				shall not participate in any adjudicatory proceeding if, for any reason, the
				hearing officer cannot afford a fair and impartial hearing to either party.
				Either party may ask the chief public defender to disqualify the designated
				chairperson for cause by fling an affidavit of disqualification within 14
				calendar days of the order. The affidavit must state the particular grounds for
				disqualification. The designated chairperson shall rule on motions for
				disqualification and an appeal of the ruling may be made to the deputy chief
				within 14 calendar days of the hearing officer's ruling.
B. No person shall communicate concerning the
				merits of any pending adjudicatory proceeding with the designated chairperson
				or member of the disciplinary review board unless both parties or their
				representatives are present.
C. The
				chairperson may dismiss an appeal with prejudice in accordance with the
				provisions of a settlement agreement approved by the chairperson or upon the
				fling of a motion to withdraw the appeal at any time.
D. The chairperson may dismiss an appeal with
				prejudice upon the fling of a motion to withdraw the appeal after the deadline
				for the completion of discovery upon such terms and conditions as the
				chairperson deems proper.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 12 - ADJUDICATION › Section 10.12.12.11 - CONSOLIDATION AND JOINDER

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				chairperson may consolidate cases in which two or more appellants have cases
				containing identical or similar issues.
B. The chairperson may join the appeals of an
				appellant who has two or more appeals pending.
C. The chairperson may consolidate or join
				cases if it would expedite final resolution of the cases and would not
				adversely affect the interests of the parties.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 12 - ADJUDICATION › Section 10.12.12.12 - DISCOVERY

Current through Register Vol. 35, No. 13, July 16, 2024
The chairperson has the power to compel, by subpoena or
				  order, the production of written materials or other evidence the chairperson
				  may deem relevant or material. The parties shall have a right to discovery
				  limited to depositions, interrogatories, requests for production, and requests
				  for admission and witness interviews. All discovery shall be subject to the
				  control of the chairperson.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 12 - ADJUDICATION › Section 10.12.12.13 - MOTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any defense,
				objection, or request that can be determined on the merits prior to a hearing
				may be raised by motion before the deadline set by the chairperson unless good
				cause is shown for the delay.
B.
				Prior to fling the motion, the fling party shall determine whether the
				non-fling party concurs with the motion. If the non-fling party concurs, the
				fling party shall include a stipulated order with the motion. If the non-fling
				party does not concur, the fling party shall indicate the non-concurrence in
				the motion and include a proposed order.
C. A response to a motion is due 12 calendar
				days from the date of fling of the motion. A reply to a response is due seven
				days from the date of fling the response. The response and reply schedule may
				also be set or modified by the chairperson.
D. Responses to any motions shall be fled
				according to a schedule set by the chairperson.
E. During the course of a hearing, motions
				may be renewed or made for the first time, if such a motion then becomes
				appropriate.
F. The chairperson
				shall rule on all motions except for dispositive motions on the
				merits.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 12 - ADJUDICATION › Section 10.12.12.14 - ADDITIONAL WITNESSES

Current through Register Vol. 35, No. 13, July 16, 2024
Witnesses who are not disclosed by the deadline contained in
				  the pre-hearing order shall not be permitted to testify except for good cause
				  shown and to prevent manifest injustice.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 12 - ADJUDICATION › Section 10.12.12.15 - SUBPOENAS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The chairperson
				has the power to subpoena witnesses.
B. The chairperson has the power to subpoena
				documents or other tangible items.
C. Subpoenas shall be prepared in triplicate
				by the party requesting the subpoena and will be issued by the hearing officer.
				A copy of each subpoena shall be sent to the opposing party by the requesting
				party, together with a transmittal letter listing all persons
				subpoenaed.
D. Subpoenas shall be
				hand delivered unless otherwise agreed to.
E. In order to compel attendance at a
				hearing, the subpoena shall be received by the witness at least 72 hours prior
				to the time the witness is to appear. The chairperson may waive this rule for
				good cause shown.
F. Employees
				under subpoena shall be granted administrative leave as required by the
				provisions of Subsection D of 10.12.7.14 NMAC.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 12 - ADJUDICATION › Section 10.12.12.16 - SANCTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The chairperson
				may impose sanctions upon the parties as necessary to serve the cause of
				justice including, but not limited to the instances set forth below.
(1) When a party fails to comply with an
				order, including an order for taking a deposition, the production of evidence
				within the party's control, a request for admission, and/or production of
				witnesses, the chairperson may:
(a) draw an
				inference in favor of the requesting party with regard to the information
				sought;
(b) prohibit the party
				failing to comply with such order from introducing evidence concerning, or
				otherwise relying upon testimony relating to the information sought;
(c) permit the requesting party to introduce
				secondary evidence concerning the information sought; or
(d) strike any part of the pleadings or other
				submissions of the party failing to comply with such request.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 12 - ADJUDICATION › Section 10.12.12.17 - NOTICE OF HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
Notice of hearing shall be made by certified mail with return
				  receipt requested at least 14 calendar days prior to the hearing, unless
				  otherwise agreed to by the parties and the hearing officer.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 12 - ADJUDICATION › Section 10.12.12.18 - HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A.All members of
				the board shall be present in person to conduct the hearing.
B. The hearing shall be open to the public
				unless the parties agree that it shall be closed.
C. A party may appear through a
				representative at any and all times during the adjudication process, provided
				such representative has fled a written entry of appearance.
D. The chairperson may clear the room of
				witnesses not under examination, if either party so requests, and of any person
				who is disruptive. The department is entitled to have a person, in addition to
				its representative, in the hearing room during the course of the hearing, even
				if the person will testify in the hearing.
E. The department shall present its evidence
				first.
F. Oral evidence shall be
				taken only under oath or affirmation.
G. Each party shall have the right to:
(1) make opening and closing
				statements;
(2) call and examine
				witnesses and introduce exhibits;
(3) cross-examine witnesses;
(4) impeach any witness;
(5) rebut any relevant evidence;
				and
(6) introduce evidence relevant
				to the choice of discipline if it was raised as an issue in the pre-hearing
				order.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 12 - ADJUDICATION › Section 10.12.12.19 - POST-HEARING BRIEFS

Current through Register Vol. 35, No. 13, July 16, 2024
The chairperson may require or permit written closing
				  arguments, post-hearing briefs and proposed findings of fact and conclusions of
				  law according to a scheduling order issued by the chairperson. If case law is
				  cited, a copy of the case shall be provided to the hearing
				  officer.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 12 - ADJUDICATION › Section 10.12.12.20 - BOARD'S DECISION

Current through Register Vol. 35, No. 13, July 16, 2024
The disciplinary review board shall make a decision as soon
				  as practicable upon conclusion of the hearing. The chairperson shall provide a
				  copy of the recommended decision to the parties by certified mail with return
				  receipt requested.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 12 - ADJUDICATION › Section 10.12.12.21 - EXCEPTIONS TO A DECISION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				parties to a proceeding may file a request for reconsideration of a decision by
				citing specific exceptions with supporting briefs to a disciplinary review
				board's decision according to a scheduling order issued by the
				chairperson.
B. Copies of such
				exceptions and any briefs shall be served simultaneously on all parties, and a
				statement of such service shall be furnished to the chairperson.
C. Exceptions to a board's decision shall
				cite the precise substantive or procedural issue to which exceptions are
				taken.
D. Any exception not
				specifically made shall be considered waived. Any exception that fails to
				comply with the foregoing requirements may be disregarded. Any brief in support
				of exceptions shall not contain matters not related to or within the scope of
				the exceptions.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 12 - ADJUDICATION › Section 10.12.12.22 - DECISIONS OF THE DISCIPLINARY REVIEW BOARD

Current through Register Vol. 35, No. 13, July 16, 2024
A. As a general rule, the board shall only
				consider post-hearing briefs, and proposed findings of fact and conclusions of
				law, the board's decision, and exceptions to the decision. Where circumstances
				warrant, the board may review all or a portion of the record.
B. The board shall not consider any
				additional evidence or affidavits not in the record or pleadings not fled in
				accordance with the chairperson's scheduling order.
C. The board may consider the record in
				executive session.
D. If the board
				determines that the credibility of a witness is at issue, it shall review at
				least as much of the record as is necessary to support its decision.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 12 - ADJUDICATION › Section 10.12.12.23 - REINSTATEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The board may
				order the department to reinstate appellants with back pay and benefits. Such
				appellants shall be reinstated to their former position, or to a position of
				like status and pay, that they occupied at the time of the disciplinary
				actions.
B. In the event the
				board's order includes any back pay, the appellant shall provide the department
				with a sworn statement of gross earnings, unemployment compensation, and any
				other earnings, including but not limited to disability benefits received by
				the appellant since the effective date of the disciplinary action. The
				department shall be entitled to offset earnings, unemployment compensation and
				any other earnings received during the period covered by the back pay award
				against the back pay due. The chairperson shall retain jurisdiction of the case
				for the purpose of resolving any disputes regarding back pay.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 12 - ADJUDICATION › Section 10.12.12.24 - REPORT OF DECISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
When the board renders a final decision in an appeal, the
				  board's decision will be available to the public pursuant to the Inspection of
				  Public Records Act, Section
				  14-2-1
				  NMSA 1978 (as amended through 2003). Copies of the board's final order and the
				  recommended decision shall be stored in the office, separate from personnel
				  files, and will be available to the public when provided to the parties. The
				  human resource director will redact any privileged and confidential information
				  pursuant to state and federal law.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 13 - RULE MAKING › Section 10.12.13.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 31-15-2.4(B) (6) NMSA 1978; Section
				  31-15-7
				  NMSA 1978
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 13 - RULE MAKING › Section 10.12.13.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 13 of Chapter 12 is: to provide a
				  process for adoption, amendment, or repeal of a public defender commission
				  rule.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 13 - RULE MAKING › Section 10.12.13.8 - NOTICE AND COMMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				public defender commission shall provide an opportunity for employees of the
				department and interested parties to comment on proposed rule changes at least
				30 calendar days prior to the adoption, amendment or repeal of any
				rule.
B. At least 30 calendar days
				prior to the adoption, amendment, or repeal of any rule, the public defender
				commission shall publish notice of the proposed action.
(1) The notice shall be published in the New
				Mexico register.
(2) The notice
				shall be mailed to broadcast stations licensed by the federal communications
				commission and newspapers of general circulation that have provided a written
				request for such notice.
(3) The
				notice shall be mailed to the last known address of persons and organizations
				who have made a written and timely request to the department.
(4) The notice shall state where a copy of
				the proposed rule may be obtained.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 13 - RULE MAKING › Section 10.12.13.9 - HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
The public defender commission shall hold a public hearing on
				  the proposed action. Interested persons or duly authorized representatives
				  shall have the opportunity to submit written statements or make oral
				  presentations.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 13 - RULE MAKING › Section 10.12.13.10 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
The public defender commission shall determine the effective
				  date of rules, which shall be fled with the New Mexico commission of public
				  records.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 13 - RULE MAKING › Section 10.12.13.11 - EMERGENCY RULES

Current through Register Vol. 35, No. 13, July 16, 2024
The public defender commission may adopt, amend, or suspend a
				  rule as an emergency, without compliance with
				  10.12.13.8
				  NMAC and
				  10.12.13.9
				  NMAC, if the public defender commission determines that it is in the public
				  interest. An action to adopt, amend, or suspend a rule pursuant to this rule
				  shall not be effective for longer than 120 calendar days but may be extended
				  once for no more than an additional 60 days if the emergency still
				  continues.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 13 - RULE MAKING › Section 10.12.13.12 - PUBLICATION OF RULES

Current through Register Vol. 35, No. 13, July 16, 2024
Rules, including emergency rules, adopted, amended, or
				  repealed by the public defender commission shall be published in the New Mexico
				  register.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 13 - RULE MAKING › Section 10.12.13.13 - DEMONSTRATION PROJECTS

Current through Register Vol. 35, No. 13, July 16, 2024
The public defender commission may authorize demonstration
				  projects which may require the temporary suspension of the rules when the chief
				  agrees to utilize such a project to improve operations.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 14 - INTERIM CASE REFUSAL PROTOCOL › Section 10.12.14.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Applies to all employees of the New Mexico public defender
				  department and to its contract attorneys.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 14 - INTERIM CASE REFUSAL PROTOCOL › Section 10.12.14.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
N.M. Const., Article VI, Section 39; Subsection B of Section
				  31-15-2.4
				  NMSA 1978.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 14 - INTERIM CASE REFUSAL PROTOCOL › Section 10.12.14.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 28, 2018, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 14 - INTERIM CASE REFUSAL PROTOCOL › Section 10.12.14.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 14 of Chapter 12 is: to create
				  guidelines for the department to use when excessive attorney workloads would
				  make acceptance of additional clients by the affected attorneys ethically
				  irresponsible or would violate the New Mexico rules of professional conduct or
				  the constitutional rights of clients.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 14 - INTERIM CASE REFUSAL PROTOCOL › Section 10.12.14.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
"The 2007 report" means the report published by the New
				  Mexico sentencing commission in 2007 on a workload study conducted in
				  conjunction with the national center for state courts.