reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 7 - ABSENCE AND LEAVE › Section 1.7.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 7 of Chapter 7: is to provide for the
				  accrual and administration of leave available to employees.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 7 - ABSENCE AND LEAVE › Section 1.7.7.8 - ANNUAL LEAVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Employees,
				except those on full-time educational leave with pay, absence without leave,
				leave without pay, unpaid FMLA leave, or suspension without pay shall accrue
				annual leave at the rate of:
(1) 3.08 hours
				per pay period if less than three years of cumulative employment,
(2) 3.69 hours per pay period if three years
				or more but less than seven years of cumulative employment,
(3) 4.61 hours per pay period if seven years
				or more but less than eleven years of cumulative employment,
(4) 5.54 hours per pay period if eleven years
				or more but less than fifteen years of cumulative employment; or
(5) 6.15 hours per pay period if fifteen
				years or more of cumulative employment.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 7 - ABSENCE AND LEAVE › Section 1.7.7.9 - DONATION OF ANNUAL OR SICK LEAVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Employees may donate annual or sick leave
				to another employee in the same agency for a medical emergency with approval of
				the head of the agency. Employees may also make and receive donations of annual
				leave to and from employees in the exempt service in the same agency for a
				medical emergency with approval of the head of the agency, as set forth by the
				department of finance and administration's policies for Governor Exempt
				Employees.
B. Employees may donate
				annual leave to the full amount of their accumulated hours.
C. In accordance with the provisions of
				Section
				10-7-10
				NMSA 1978, the donation of sick leave is governed by the following
				restrictions:
(1) employees who have
				accumulated more than six hundred hours of sick leave can transfer the
				additional amounts over 600 hours to another employee;
(2) the dollar value of the transferred leave
				shall equal fifty percent of the monetary value of the total hours transferred
				by the donor employee;
(3) no more
				than 120 hours of sick leave may be transferred by the donor in any one fiscal
				year, with the exception of the year in which an employee retires, when an
				employee may transfer up to 400 hours of sick leave;
(4) donations of sick leave may be made only
				once per fiscal year on either the pay date immediately following the first
				full pay period in January or the first full pay period in July, unless the
				employee is retiring.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 7 - ABSENCE AND LEAVE › Section 1.7.7.10 - SICK LEAVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Employees,
				except those on full-time educational leave with pay, absence without leave,
				leave without pay, unpaid FMLA leave, or suspension without pay, shall accrue
				sick leave at the rate of 4.00 hours per pay period.
B. Employees employed on a part-time basis
				and employees on furlough who work at least eight hours in a pay period shall
				accrue sick leave on a prorated basis.
C. Sick leave may not be used before it is
				accrued and must be authorized or denied according to agency policy.
D. An employee may use sick leave for
				personal medical treatment or illness or for medical treatment or illness of a
				family member, or of a person residing in the employee's household. Employees
				affected by pregnancy, childbirth, and related medical conditions must be
				treated the same as persons affected by other medical conditions.
E. There is no limit to the amount of sick
				leave that may be accrued.
F. No
				payment shall be made for accrued sick leave at the time of separation from the
				classified service except as provided by law.
G. Former employees who were laid off and are
				returned to work in accordance with the provisions of
				1.7.10.10
				NMAC, shall have restored the sick leave they had accrued as of the date of
				layoff.
H. Payment for Accumulated
				Sick Leave:
(1) In accordance with the
				provisions of NMSA 1978, Section
				10-7-10,
				employees who have accumulated 600 hours of unused sick leave are entitled to
				be paid for unused sick leave in excess of 600 hours at a rate equal to fifty
				percent (50%) of their hourly rate of base pay for up to 120 hours of sick
				leave. Payment for unused sick leave may be made only once per fiscal year on
				either the payday immediately following the first full pay period in January or
				the first full pay period in July.
(2) Immediately prior to retirement from the
				classified service, employees who have accumulated 600 hours of unused sick
				leave are entitled to be paid for unused sick leave in excess of 600 hours at a
				rate equal to fifty percent (50%) of their hourly rate of base pay for up to
				400 hours of sick leave.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 7 - ABSENCE AND LEAVE › Section 1.7.7.11 - LEAVE WITHOUT PAY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Leave without
				pay may be approved when:
(1) the agency can
				assure a position of like status and base pay, at the same geographic location,
				upon the return of the employee from leave without pay; or
(2) the employee agrees in writing to waive
				that requirement.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 7 - ABSENCE AND LEAVE › Section 1.7.7.13 - ABSENCE WITHOUT LEAVE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Employees who fail to appear for work without authorized leave or who appear
				for work but are in violation of agency policy governing their readiness for
				work shall be considered to be absent without leave.
B. Employees shall not be paid for any
				periods of absence without leave and shall not accrue annual or sick
				leave.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 7 - ABSENCE AND LEAVE › Section 1.7.7.15 - EDUCATIONAL LEAVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. An agency
				may grant employees educational leave with or without pay to pursue training
				related to their employment that is of immediate or potential value to the
				agency, including new ideas and innovation that could result from an employee's
				education on a variety of subjects, expansion of employee skill sets for later
				promotional or leadership opportunities, and retention. "Educational leave"
				means time away from work, paid or unpaid, for approved coursework at an
				academic institution, including participation in classes and travel between an
				employee's normal work site and the academic institution. Educational leave may
				be requested as part-time administrative leave with pay or full-time
				Educational Leave without pay.
B.
				Employees on full-time educational leave with pay shall not accrue annual or
				sick leave.
C. Employees who are
				working part-time while on educational leave shall accrue annual and sick leave
				in accordance with the provisions of Subsection D of
				1.7.7.8 NMAC and
				Subsection B of
				1.7.7.10
				NMAC.
D. Employees who are granted
				paid educational leave and who leave the employ of the agency within one year
				of the conclusion of the educational leave, must reimburse the agency for any
				tuition, expenses, or costs that the agency paid on behalf of the employee.
				Employees who are granted paid educational leave and who fail to complete any
				coursework, testing, or requirements of the educational program must reimburse
				the agency for any tuition, expenses, or costs that the agency paid on behalf
				of the employee.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 7 - ABSENCE AND LEAVE › Section 1.7.7.16 - MILITARY LEAVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Members of
				organized reserve units or the national guard ordered to training shall be
				given up to 15 workdays of paid military leave per federal fiscal year. These
				15 workdays are in addition to other authorized leave.
B. The governor may grant members of the
				national guard ordered to training up to 15 days of paid military leave, in
				addition to that already given by law. Such additional leave must not exceed 15
				workdays per federal fiscal year.
C. Members of the state defense force shall
				be granted paid military leave to attend officially authorized training or
				instruction courses. Such leave applies only to full-time employees and must
				not exceed 30 workdays per federal fiscal year.
D. Members of the civil air patrol shall be
				granted military leave not to exceed 30 workdays per calendar year for search
				and rescue missions.
E. Employees
				on military leave with pay shall accrue annual and sick leave.
F. Employees who are members of a reserve
				component of the United States armed forces shall, upon request, be granted
				unpaid leave for the period required to perform active duty for training or
				inactive duty training in the United States armed forces.
G. This rule does not apply to employees in
				temporary or emergency status.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 7 - ABSENCE AND LEAVE › Section 1.7.7.17 - PERSONAL LEAVE DAY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Employees in
				career status are entitled to two personal leave days each calendar year. The
				personal leave days will be consistent with the employee's normal workday. Such
				leave must be requested and approved in advance.
B. Each personal leave day must be taken
				during consecutive hours.
C. The
				personal leave days must be taken by December 31 or they will be
				lost.
D. Employees who do not take
				their personal leave days shall not be paid for them upon separation from the
				classified service.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 7 - ABSENCE AND LEAVE › Section 1.7.7.18 - TRANSFER OF LEAVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Employees
				who transfer from one agency to another shall retain all accrued annual,
				personal and sick leave.
B. All
				accrued annual and sick leave shall be transferred when persons change status
				from a position in the exempt service to a position in the classified service
				without a break in employment.
C.
				Agencies shall accept all accrued sick leave from persons who separate from the
				judicial or legislative branches of state government and are employed in the
				classified service without a break in employment of such separation.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 7 - ABSENCE AND LEAVE › Section 1.7.7.19 - DONATING AN ORGAN OR BONE MARROW

Current through Register Vol. 35, No. 13, July 16, 2024
A. In accordance with the provisions of
NMSA 1978, Section
				24-28-3
,an agency head may authorize a leave of absence, not to exceed
				twenty workdays, to an employee for the purpose of donating an organ or bone
				marrow.
B. In accordance with the
				provisions of
1.7.7.9 NMAC
, an employee may
				request and use donated annual or sick leave for the purpose of donating an
				organ or bone marrow.
C. If an
				employee requests donations of annual leave or sick leave but does not receive
				the full amount of leave needed for the donation of an organ or bone marrow,
				the agency head may grant paid administrative leave for the remainder of the
				needed leave up to the maximum total of twenty workdays.
D. An agency head may require verification by
				a physician regarding the purpose of the leave requested and information from
				the physician regarding the length of the leave requested.
E. Any paid leave of absence granted pursuant
				to this provision shall not result in a loss of compensation, seniority, annual
				leave, sick leave or accrued overtime for which the employee is otherwise
				eligible.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 7 - ABSENCE AND LEAVE › Section 1.7.7.20 - BEREAVEMENT LEAVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Agencies
				may grant bereavement leave to employees who have experienced the death of a
				relation by blood or marriage within the third degree or a person residing in
				the employee's household.
B.
				Bereavement leave is a form of administrative leave that an agency may grant to
				employees in accordance with Subsection A of
				1.7.7.14
				NMAC. The agency may authorize bereavement leave for up to five consecutive
				workdays when it is in the best interests of the agency to do so. Bereavement
				leave in excess of five consecutive workdays must have the prior written
				approval of the director.
C. An
				agency may supplement bereavement leave by authorizing an employee to use
				accrued annual or sick leave or compensatory time to attend the funeral of a
				relation by blood or marriage within the third degree or a person residing in
				the employee's household.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 8 - DRUG AND ALCOHOL ABUSE › Section 1.7.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Section 10-9-10(A).
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 8 - DRUG AND ALCOHOL ABUSE › Section 1.7.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 12, 2010, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 8 - DRUG AND ALCOHOL ABUSE › Section 1.7.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 8 of Chapter 7 is: to require every
				  state agency to provide its employees with information on the effects of drug
				  and alcohol abuse; to require drug, alcohol testing or both; and to establish
				  required collection, screening, rehabilitative and sanction
				  parameters.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 8 - DRUG AND ALCOHOL ABUSE › Section 1.7.8.8 - OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT OF 1991

Current through Register Vol. 35, No. 13, July 16, 2024
A. Employees in safety-sensitive positions
				within the meaning of the
Omnibus Transportation Employee Testing Act
				of 1991 ("Omnibus Act" (49 U.S.C.
Subtitle VI Part B § 31306) are
				exempt from and are not covered by the provisions of
1.7.8.7
NMAC
and
1.7.8.9 NMAC
through
1.7.8.20
				NMAC
.
B. Agencies
				with employees covered by the Omnibus Act shall develop and submit to the
				director a policy for implementing drug and alcohol tests.
C. The policy shall contain at the least the:
(1) covered positions;
(2) testing requirements for drugs and
				alcohol;
(3) collection of
				specimen;
(4) reporting and
				explanation of test results;
(5)
				confidentiality;
(6)
				training;
(7) rehabilitation and
				sanctions;
(8) record
				retention;
(9) rehabilitative and
				sanction parameters of drug and alcohol abuse; and
(10) reasonable suspicion.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 8 - DRUG AND ALCOHOL ABUSE › Section 1.7.8.9 - DESIGNATION OF SAFETY-SENSITIVE POSITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Only those positions specifically
				designated by the board as such shall be considered to be safety-sensitive
				positions for purposes of
1.7.8 NMAC
.
B. The director shall maintain a list of
				positions designated by the board as being safety-sensitive.
C. The board shall review and approve
				annually the positions designated as safety-sensitive.
D. The director shall seek the board's
				approval for out-of-cycle requests for additions and deletions of
				safety-sensitive positions.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 8 - DRUG AND ALCOHOL ABUSE › Section 1.7.8.10 - SUBSTANCE ABUSE COORDINATOR

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each agency shall appoint a substance
				abuse coordinator who shall be responsible for the agency's drug and alcohol
				abuse program.
B. The substance
				abuse coordinator shall provide drug and alcohol abuse awareness information to
				employees including but not limited to the:
(1) dangers of drug and alcohol
				abuse;
(2) availability of
				counseling, rehabilitation, and employee assistance programs; and
(3) sanctions that may be imposed upon
				employees as provided in
1.7.8.19 NMAC
.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 8 - DRUG AND ALCOHOL ABUSE › Section 1.7.8.11 - AUTHORIZED DRUG AND ALCOHOL TESTING

Current through Register Vol. 35, No. 13, July 16, 2024
A. All candidates for safety-sensitive
				positions are required to submit to drug testing after an offer of employment
				is made and prior to final selection.
B. Agencies that require employees in
				safety-sensitive positions to undergo regular physical examinations shall
				require such employees to undergo drug testing as part of those physical
				examinations.
C. Agencies shall
				require employees to undergo drug, alcohol testing or both if the agency has a
				reasonable suspicion that the employee has committed drug or alcohol abuse
				based on, but not limited to:
(1) direct
				observation of the physical symptoms or manifestations of being under the
				influence of a drug or alcohol while on duty; such symptoms may include, but
				are not limited to liquor on breath, slurred speech, unsteady walk, or impaired
				coordination; or
(2) direct
				observation of the use or possession of drugs or drug paraphernalia, or the use
				of alcohol while on duty.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 8 - DRUG AND ALCOHOL ABUSE › Section 1.7.8.12 - COLLECTION OF SPECIMENS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Unless otherwise specified in
1.7.8 NMAC
, urine
				specimens for drug testing shall be collected by a laboratory meeting state
				licensure requirements and certified by the substance abuse and mental health
				services administration or the college of American pathologists in forensic
				urine drug testing.
B. Breath
				specimens may be collected by a certified person, a medical or a laboratory
				facility. Should the medical or laboratory facility not be available or should
				the equipment fail, the substance abuse coordinator or designee shall designate
				another testing facility and report this referral to the director within ten
				working days of taking the breath specimen.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 8 - DRUG AND ALCOHOL ABUSE › Section 1.7.8.13 - DRUG TESTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The initial
				and confirmatory drug tests shall be performed by a state licensed laboratory
				in accordance with the substance abuse and mental health services
				administration or the college of American pathologists in forensic urine drug
				testing. The laboratory shall have the capability of performing initial and
				confirmatory tests for each drug or metabolite for which service is
				offered.
B. The following initial
				cutoff concentrations shall be used when screening specimens on the initial
				drug tests to determine whether they are negative for these seven drugs or
				classes of drugs.
(1) Marijuana metabolites 50
(ng/ml)
(2) Cocaine
				metabolites 150
(ng/ml)
(3) Opiate metabolites 2,000
(ng/ml)
(4)
				6-Acetylmorphine 10
(ng/ml)
(5) Phencyclidine (PCP) 25
(ng/ml)
(6)
				Amphetamines 500
(ng/ml)
(7) MDMA 500
(ng/ml)
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 8 - DRUG AND ALCOHOL ABUSE › Section 1.7.8.14 - ALCOHOL TESTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A test for
				alcohol shall be administered by a legally recognized and approved
				method.
B. A test by a legally
				recognized or approved method with results of blood alcohol content (BAC) level
				of .04 or more shall be deemed positive for alcohol.
C. An agency may request in writing through
				the director that the board approve a lower test result for blood alcohol
				content (BAC).
D. For employees who
				have undergone alcohol rehabilitation, pursuant to
Paragraph (1)
				of Subsection D
of 1.7.8.19 NMAC
, a positive
				test result during the 30 to 180 calendar days following the first positive
				test shall subject an employee to disciplinary action. Such a test may be
				performed by urinalysis.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 8 - DRUG AND ALCOHOL ABUSE › Section 1.7.8.15 - REPORTING OF TEST RESULTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Drug
				and alcohol test results shall be reported only to the substance abuse
				coordinator or designee.
B. The
				test report shall contain the specimen number assigned by the agency, the
				laboratory accession number and results of the tests. All specimens negative on
				the initial test or negative on the confirmatory test shall be reported as
				negative. Only specimens confirmed positive shall be reported positive. Results
				may be transmitted to the substance abuse coordinator by various means
				including certified mail with return receipt requested, courier service, or
				electronic mail in a secure area (e.g., facsimile or computer). Certified
				copies of all analytical results and chain-of-custody forms shall be available
				from the laboratory when requested by the director, the agency head, or
				substance abuse coordinator or designee.
C. The substance abuse coordinator or
				designee shall advise candidates and employees in writing of positive test
				results.
D. All records pertaining
				to a given urine specimen shall be retained by the laboratory for a minimum of
				two years.
E. Only those members of
				management who need to know shall be made aware of the test results. Breach of
				confidentiality may be grounds for disciplinary action.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 8 - DRUG AND ALCOHOL ABUSE › Section 1.7.8.17 - RETESTING

Current through Register Vol. 35, No. 13, July 16, 2024
Candidates who have sought review of their positive drug or
				  alcohol urine tests by the medical review officer and all employees who tested
				  positive for drugs or alcohol urine tests may elect to have, at their expense,
				  an aliquot of the original urine specimen retested by another laboratory that
				  meets applicable provisions of any state licensure requirements and is
				  certified in forensic urine drug testing by either the substance abuse and
				  mental health services administration or the college of American pathologists.
				  The drug testing laboratory shall arrange for the shipment of the aliquot to
				  the laboratory of the candidates' or employees' choosing. The agency shall pay
				  for the retest if the retest is negative.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 8 - DRUG AND ALCOHOL ABUSE › Section 1.7.8.18 - CONFIDENTIALITY

Current through Register Vol. 35, No. 13, July 16, 2024
No laboratory reports or test results shall appear in the
				  employee's personnel file unless he or she is subject of a disciplinary action
				  taken in accordance with the provisions of
1.7.8
				  NMAC
. Laboratory reports or test results shall be placed in a
				  special locked file maintained by the substance abuse coordinator. Files
				  relating to laboratory reports or test results maintained by the substance
				  abuse coordinator are confidential within the meaning of
1.7.1.12
				  NMAC
.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 8 - DRUG AND ALCOHOL ABUSE › Section 1.7.8.19 - REHABILITATION AND SANCTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Candidates for employment:
(1)
				A candidate for employment in a safety-sensitive position shall be rejected for
				selection when he tests positive for drugs and does not seek review by the
				medical review officer or cannot satisfactorily explain the positive test
				results.
(2) An employee for
				transfer or promotion to a safety-sensitive position who tests positive for
				drugs and is unable to satisfactorily explain the positive test results shall
				be subject to disciplinary action including dismissal if the employee occupies
				a safety-sensitive position. If the employee is not in a safety-sensitive
				position, the employee shall be treated in accordance with the provisions of
Subsection D of
1.7.8.19
				NMAC
.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 8 - DRUG AND ALCOHOL ABUSE › Section 1.7.8.20 - PILOT PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
The board may authorize a pilot program to evaluate
				  impairment testing. Such pilot programs may authorize variances from provisions
				  of
1.7.8 NMAC
, including random drug testing for
				  participants in the pilot program.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 9 - PERFORMANCE APPRAISALS › Section 1.7.9.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Section 10-9-10(A) and NMSA 1978, Section
				  10-9-15.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 9 - PERFORMANCE APPRAISALS › Section 1.7.9.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
07/07/01 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 9 - PERFORMANCE APPRAISALS › Section 1.7.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 9 of Chapter 7 is: to provide for the
				  regular appraisal and documentation of employee performance and review of
				  agency compliance in conducting performance appraisals.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 9 - PERFORMANCE APPRAISALS › Section 1.7.9.8 - 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 director
				approved appraisal form that includes:
(1)
				basic employee information (employee's name, working title, employee
				identification 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 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 9 - PERFORMANCE APPRAISALS › Section 1.7.9.9 - PERFORMANCE APPRAISAL

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Managers and supervisors must successfully complete a 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 be reviewed semi-annually and appraised
				by the immediate supervisor on an annual basis completed by 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 of
1.7.9 NMAC
may be subject to disciplinary action including dismissal.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 9 - PERFORMANCE APPRAISALS › Section 1.7.9.11 - 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 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 9 - PERFORMANCE APPRAISALS › Section 1.7.9.12 - REPORT TO THE BOARD

Current through Register Vol. 35, No. 13, July 16, 2024
During the fourth quarter of each calendar year the director
				  shall report to the board on the record of each agency in conducting
				  performance appraisals of its employees in the classified service. Agencies
				  shall cooperate with the director, in accordance with the provisions of
NMSA 1978, Section
				  10-9-15
, and provide the director with such information concerning its
				  performance appraisals as the director may require.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - FURLOUGH, REDUCTION IN FORCE, REEMPLOYMENT, SEPARATION WITHOUT PREJUDICE › Section 1.7.10.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
State Personnel Board.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - FURLOUGH, REDUCTION IN FORCE, REEMPLOYMENT, SEPARATION WITHOUT PREJUDICE › Section 1.7.10.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All state agencies in the classified
				  service.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - FURLOUGH, REDUCTION IN FORCE, REEMPLOYMENT, SEPARATION WITHOUT PREJUDICE › Section 1.7.10.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, 10-9-10(A); Section 10: NMSA 1978, Section
				  10-9-19;
				  Section 11: 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.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - FURLOUGH, REDUCTION IN FORCE, REEMPLOYMENT, SEPARATION WITHOUT PREJUDICE › Section 1.7.10.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
07/07/01 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - FURLOUGH, REDUCTION IN FORCE, REEMPLOYMENT, SEPARATION WITHOUT PREJUDICE › Section 1.7.10.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 10 of Chapter 7 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 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - FURLOUGH, REDUCTION IN FORCE, REEMPLOYMENT, SEPARATION WITHOUT PREJUDICE › Section 1.7.10.7 - 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 agency or its legal
				predecessor began or, when an agency or organizational unit of an agency is
				merged with another agency, the date on which the employee began continuous
				employment with the original hiring agency.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - FURLOUGH, REDUCTION IN FORCE, REEMPLOYMENT, SEPARATION WITHOUT PREJUDICE › Section 1.7.10.8 - 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 board for approval to effect the
				furlough. The director may approve such plans if an emergency exists and there
				is insufficient time for the board to consider such plans.
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 director. Notice shall be served in accordance with the
				provisions of
1.7.1.10 NMAC.
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 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - FURLOUGH, REDUCTION IN FORCE, REEMPLOYMENT, SEPARATION WITHOUT PREJUDICE › Section 1.7.10.9 - REDUCTION IN FORCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. An agency
				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. An agency shall
				identify organizational units for purposes of a layoff and submit a written
				plan to the board. Such organizational units may be recognized on the basis of
				geographic area, function, funding source, or other factors. The agency must
				define the classifications affected within the organizational unit.
C. Upon board approval of a layoff plan, the
				agency effecting the layoff 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 agency 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 employees in the same agency affected by the reduction in
				force;
(3) the agency's 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 eleven 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 under
Subsection
C
of 1.7.10.9. NMAC
shall
				extend until the first effective date of layoff as defined in the
				plan.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - FURLOUGH, REDUCTION IN FORCE, REEMPLOYMENT, SEPARATION WITHOUT PREJUDICE › Section 1.7.10.10 - 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 classified service, 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
Subsection
D of 1.7.10.9 NMAC
to
				any position to be filled within the agency from which the employee was laid
				off. 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) Reemployment to positions and agencies,
				other than the agency from which the former employee was laid off, shall extend
				when any position is to be filled. 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. If, when an agency intends to fill a position, there
				is more than one eligible former employee with rights to return to work under
				this rule, the agency shall select the former employee who is best qualified in
				the agency's opinion;
(3) Offers of
				employment shall be made in writing and shall be delivered by a method that
				provides proof of service or attempted service;
(4) 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
(5) 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 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - FURLOUGH, REDUCTION IN FORCE, REEMPLOYMENT, SEPARATION WITHOUT PREJUDICE › Section 1.7.10.11 - 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
NMSA 1978,
				  Sections
				  28-15-1
				  to
				  28-15-3
.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - FURLOUGH, REDUCTION IN FORCE, REEMPLOYMENT, SEPARATION WITHOUT PREJUDICE › Section 1.7.10.12 - EARLY RETURN-TO-WORK/MODIFIED DUTY ASSIGNMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Agencies shall implement a policy to
				enable employees who have been unable to work because of a compensable injury
				or illness under the workers' compensation act to return to work in a modified
				duty assignment for up to 6 months and may be extended for a period of up to 6
				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 agency
				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
NMSA 1978, Section
				52-1-25.1
				and NMSA 1978
				52-3-49.1.
At the agency'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 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - FURLOUGH, REDUCTION IN FORCE, REEMPLOYMENT, SEPARATION WITHOUT PREJUDICE › Section 1.7.10.13 - SEPARATION WITHOUT PREJUDICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Employees who have suffered an injury or
				illness which is compensable 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 service without prejudice provided:
(1) the employee has been afforded modified
				duty in accordance with
1.7.10.12 NMAC
;
(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) the employing agency has made reasonable
				efforts to find other suitable vacant positions within the agency at the same
				or lower midpoint than the midpoint of the pre-injury/pre-illness position 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 agency certifies that 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 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 10 - FURLOUGH, REDUCTION IN FORCE, REEMPLOYMENT, SEPARATION WITHOUT PREJUDICE › Section 1.7.10.14 - REEMPLOYMENT 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 service 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
NMSA 1978, Section
52-1-50.1
and NMSA 1978 Section
				52-3-49,
under the following provisions:
(1)
				Reemployment rights under
1.7.10.14
NMAC
are extended only by the agency employing the
				former employee 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 agency in writing, with a copy to the office, 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 agency 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
				agency is to fill a vacant position which is a position and location indicated
				by the former employee, the agency 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 agency certifies that 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 the provisions of
Subsection A of
1.7.10.14
				NMAC
will hold the status of the position in accordance with
1.7.2.9 NMAC, 1.7.2.10 NMAC or 1.7.2.11 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 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 1.7.11.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons required under 20.7.3 NMAC to obtain a:
A. Permit;
B. Modification to a permit;
C. Registration;
D. Septage pump truck registration;
E. Certificate of qualification for:
(1) Homeowner certification,
(2) Third-party evaluator
				certification,
(3) Maintenance
				service provider certification,
(4)
				Septage pumper certification, or
(5) Installer specialist
				certification
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 1.7.11.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Environmental Improvement Act, Section
				  74-1-1
				  through 74-1-10 NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 11 - LIQUID WASTE TREATMENT AND DISPOSAL FEES › Section 1.7.11.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2020, unless a later date is cited at the end of a
				  section.