reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 372 - INTERAGENCY BEHAVIORAL HEALTH PURCHASING COLLABORATIVE › Part 2 - STANDARDS OF DELIVERY FOR BEHAVIORAL HEALTH SERVICES › Section 8.372.2.13 - STANDARDS FOR UTILIZATION MANAGEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The collaborative requires appropriate utilization management
				  (UM) standards to be implemented as well as activities to be performed so that
				  excellent services are provided in a coordinated fashion with neither over nor
				  under utilization. The BHE shall manage the use of resources, maximize the
				  effectiveness of care by evaluating clinical appropriateness, and authorize the
				  type and volume of services through fair, consistent and culturally competent
				  decision-making processes while ensuring equitable access to care and a
				  successful link between care and outcomes. The consumer's service plan or
				  treatment plan priorities, advance directives, and prolonged service
				  authorizations for individuals with chronic conditions shall be considered in
				  the decision making process.
A.
Necessity requirement:
The BHE shall comply with 8.305.8.13 NMAC
				regarding standards for utilization management. References to "medical
				necessity" in 8.305.8.13 NMAC shall be read as "clinical and psychosocial
				necessity" as defined in these rules. References to "member" in 8.305.8.13 NMAC
				shall be read as "consumer" and shall include the consumer's family, legal
				guardian, and designated representative as appropriate. All requirements in
				8.305.8.13 NMAC regarding providing notice to providers shall include notice to
				the consumer and consumer's family, legal guardian, and designated
				representative as appropriate.
B.
Use of qualified professionals:
The BHE shall ensure the
				involvement of representative practicing providers, consumers and family
				members in the development of its UM procedures. The BHE shall evaluate network
				provider satisfaction with the UM process as part of its annual provider
				satisfaction survey.
C.
Decisions:
The BHE shall make available UM decision criteria to
				providers, consumers, their families, and the public. The BHE shall ensure that
				consumers have an optimal choice of providers consistent with their treatment
				needs and available providers.
D.
Records:
The BHE shall maintain records (both hard and electronic)
				that verify its utilization management activities and compliance with UM
				requirements specified in this rule and the specific contractual requirements
				of the BHE contract.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 372 - INTERAGENCY BEHAVIORAL HEALTH PURCHASING COLLABORATIVE › Part 2 - STANDARDS OF DELIVERY FOR BEHAVIORAL HEALTH SERVICES › Section 8.372.2.14 - STANDARDS FOR CREDENTIALING AND RECREDENTIALING

Current through Register Vol. 35, No. 13, July 16, 2024
The BHE shall have and implement policies and procedures that
				  comply with 8.305.8.14 NMAC, as well as any other applicable credentialing or
				  recredentialing requirements from collaborative member departments and
				  agencies, including but not limited to any federal block grant or other
				  collaborative practice protocols, rules or other requirements.
A.
Practitioner participation:
The BHE shall have a process for receiving input from participating providers
				regarding credentialing and recredentialing of providers.
B.
Credentialing application:
The BHE shall use a collaborative-approved application for network
				participation.
C.
Evaluation
				of practitioner site:
The BHE shall perform an initial visit to the
				offices of potential high volume behavioral health care providers, as
				determined by the BHE with approval of the collaborative.
D.
Assessment of organizational
				providers:
For organizational providers, the BHE shall confirm that the
				provider is in good standing with state and federal regulatory bodies and has
				been certified by the appropriate state certification agency, when
				applicable.
E.
Performance
				evaluation:
The BHE shall ensure that all providers maintain the
				certification and training necessary to provide the services they offer. The
				BHE shall utilize QM/QI data in conducting provider recredentialing,
				recontracting or performance evaluations.
F.
Practices and programs:
The
				BHE shall ensure that credentialing and recredentialing requirements shall
				recognize and promote approaches to services such as consumer- and family-run
				programs, Native American healing practices and programs, traditional
				curanderismo, and other legally acceptable programs.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 372 - INTERAGENCY BEHAVIORAL HEALTH PURCHASING COLLABORATIVE › Part 2 - STANDARDS OF DELIVERY FOR BEHAVIORAL HEALTH SERVICES › Section 8.372.2.15 - RIGHTS AND RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
The BHE and the provider shall have a written policy,
				  approved by the collaborative as required, that states their commitment to
				  treating clients in a manner that respects their rights, respecting and
				  recognizing the consumer's dignity and need for privacy. This policy shall also
				  address the BHE and the provider's expectations with regard to clients'
				  responsibilities. The BHE shall comply with 8.305.12 NMAC and 8.349.2 NMAC
				  regarding grievances and appeals, regardless of funding source. The BHE shall
				  be required to comply with NMAC 8.305.8.15 NMAC, member (consumer) bill of
				  rights, any other collaborative member department or agency's rights'
				  statements, and all consumer rights and responsibilities provisions of the BHE
				  contract with the collaborative.
A.
Consumer handbook:
The BHE shall maintain a consumer handbook,
				prior approved by the collaborative, that includes but is not limited to
				information about consumer rights and responsibilities. The written information
				provided to consumers or clients of the BHE or provider shall be
				comprehensible, readable, easily understood and culturally sensitive.
B.
Complaints or grievances:
(1) Consumers, their families or legal
				guardians, and designated representatives have a right and shall have the means
				to voice complaints or file grievances and appeals about the care provided by
				the BHE or provider in its network.
(2) The BHE shall establish and maintain
				written policies and procedures for the filing of provider grievances and
				appeals.
(3) The BHE and the
				provider shall have written policies and procedures for the timely resolution
				of client or provider complaints or grievances.
(4) The BHE shall provide information
				specified in 42 CFR Section
				438.10(g)(1) about its
				grievance system to all providers and subcontractors at the time they enter a
				contract.
(5) The BHE shall provide
				the collaborative regular reporting of all consumer and provider grievances,
				appeals, and fair hearings, and such other related data and information as
				specified in the BHE contract.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 372 - INTERAGENCY BEHAVIORAL HEALTH PURCHASING COLLABORATIVE › Part 2 - STANDARDS OF DELIVERY FOR BEHAVIORAL HEALTH SERVICES › Section 8.372.2.16 - STANDARDS FOR CLINICAL RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Standards and policies:
The BHE shall require clinical records to
				be maintained in a format and manner that is timely, legible, current, and
				organized, and that permits effective and confidential consumer care and
				quality review. The BHE shall fully comply with all medical records, data, and
				confidentiality requirements of the BHE contract and any relevant state and
				federal law.
B.
Confidentiality:
The BHE shall have and implement clinical record
				confidentiality policies and procedures that implement the requirements of
				state and federal law and policy, this rule, and the BHE contract. These
				policies and procedures shall be consistent with confidentiality requirements
				in 45 CFR parts 160 and 164 for all medical records and any other health and
				enrollment information that identifies a particular consumer. Medical record
				contents shall be consistent with the utilization control required in 42 CFR
				Part 456, 42 CFR
				431.305(b) and
				45 CFR
				164.530(c).
C.
Evaluation and treatment or service
				records:
(1) To promote effective
				service delivery and quality review, treatment or service records shall be
				maintained in a manner that is current, comprehensive, detailed, organized, and
				legible.
(2) The BHE and the
				provider shall ensure that consumers and family members participate in
				treatment or service planning, development, and implementation and maximize
				consumer and family recovery and resiliency. The BHE shall ensure that
				consumers and family members, where appropriate, are presented with
				opportunities to proactively engage and participate in the behavioral health
				service delivery system, with a focus on the family as a potential change agent
				where consistent with the consumer's preferences and wishes.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 372 - INTERAGENCY BEHAVIORAL HEALTH PURCHASING COLLABORATIVE › Part 2 - STANDARDS OF DELIVERY FOR BEHAVIORAL HEALTH SERVICES › Section 8.372.2.17 - STANDARDS FOR ACCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Ensure
				access:
The BHE shall ensure the accessibility and availability of
				behavioral health providers for each medically, clinically or psychosocially
				necessary service. The BHE shall comply with 8.305.8.18 NMAC, regardless of the
				funding source and shall comply with such geo-access standards as the
				collaborative may require. The BHE shall maintain and update its service access
				plan, which shall describe the BHE's system for consumer access to
				services.
B.
Array of
				services:
The BHE shall ensure that in each region of the state there is
				an array of covered services that allow consumers to be served within the least
				restrictive setting and in close proximity to their places of residence, with
				preference given to in-state providers.
C.
Appointment standards:
The
				BHE shall ensure that appointment standards detailed in the BHE contract are
				met by the provider and shall report to the collaborative on the compliance of
				providers in meeting appointment standards.
D.
Access to transportation
				services:
The BHE shall assist consumers in accessing existing
				transportation benefits and resources to provide transportation to covered
				services, including transportation to address a behavioral health issue during
				non-business hours and transportation related to an emergency. The BHE shall
				coordinate behavioral health transportation services with the consumer's
				respective MCO, where applicable.
E.
Cultural competency:
The BHE
				and provider shall provide effective services to people of all cultures, races,
				ethnic backgrounds, religions in a manner that respects the worth of the
				individual and protects the dignity of each individual regardless of the
				circumstances under which services are sought.
(1) The BHE shall develop, implement,
				evaluate, and update a cultural competency plan for itself and for all network
				providers to ensure that consumers and their families, including individuals
				with disabilities, receive covered services that are culturally and
				linguistically appropriate to meet their needs.
(2) The BHE shall ensure that providers have
				access to specific clinical standards, service approaches, techniques and
				marketing programs that match an individual's culture to increase the quality
				and appropriateness of behavioral health care and outcomes. The BHE shall
				ensure compliance with 8.305.1.7 NMAC, regardless of funding source.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 372 - INTERAGENCY BEHAVIORAL HEALTH PURCHASING COLLABORATIVE › Part 2 - STANDARDS OF DELIVERY FOR BEHAVIORAL HEALTH SERVICES › Section 8.372.2.18 - DELEGATION

Current through Register Vol. 35, No. 13, July 16, 2024
Delegation is a process whereby the BHE gives another entity
				  the authority to perform certain functions on its behalf. The BHE shall be
				  fully accountable for the quality of clinical care and services provided to
				  consumers through its delivery system. The BHE may not delegate the
				  accountability for the quality of services provided. The BHE will be
				  responsible for the QM/ QI program and not delegate this responsibility to
				  subcontractors. The BHE shall not assign, transfer or delegate key management
				  functions such as utilization review/utilization management or care
				  coordination without the explicit written approval of the collaborative. The
				  BHE shall ensure its full compliance with all delegation requirements of the
				  BHE contract.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 372 - INTERAGENCY BEHAVIORAL HEALTH PURCHASING COLLABORATIVE › Part 3 - BEHAVIORAL HEALTH ENTITY CONTRACTING › Section 8.372.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Subsection F of Section 9-7-6.4 NMSA 1978 requires the
				  interagency behavioral health purchasing collaborative (the collaborative) to
				  adopt rules through the health care authority (HCA). The collaborative is
				  created by statute and comprised of the secretaries of aging and long-term
				  services; Indian affairs; health care authority; health; corrections; children,
				  youth and families; finance and administration; workforce solutions; public
				  education; and transportation; the directors of the administrative office of
				  the courts; the New Mexico mortgage finance authority; the governor's
				  commission on disability; the developmental disabilities planning council; the
				  vocational rehabilitation division of the public education department; the New
				  Mexico health policy commission; and the governor's health policy coordinator,
				  or their designees. Section 9-8-1 et seq. NMSA 1978 establishes the health care
				  authority as a single, unified department to administer laws and exercise
				  functions relating to health care facility licensure and health care purchasing
				  and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 372 - INTERAGENCY BEHAVIORAL HEALTH PURCHASING COLLABORATIVE › Part 3 - BEHAVIORAL HEALTH ENTITY CONTRACTING › Section 8.372.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 372 - INTERAGENCY BEHAVIORAL HEALTH PURCHASING COLLABORATIVE › Part 3 - BEHAVIORAL HEALTH ENTITY CONTRACTING › Section 8.372.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to provide policies for the
				  standard of delivery for behavioral health services through contracted
				  behavioral health entities and for approval of contracts by the
				  collaborative.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 372 - INTERAGENCY BEHAVIORAL HEALTH PURCHASING COLLABORATIVE › Part 3 - BEHAVIORAL HEALTH ENTITY CONTRACTING › Section 8.372.3.8 - MISSION STATEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The mission of the collaborative is to ensure that quality
				  behavioral health services are provided to medicaid and nonmedicaid consumers;
				  that providers are reimbursed timely and accurately; that services promote
				  prevention, recovery, resilience in consumers, and that available resources are
				  used in the most efficient and effective manner. This mission serves the
				  collaborative's vision of establishing a behavioral health service delivery
				  system in which consumers and family members are assisted in participating
				  fully in the life of their communities; support of recovery and development of
				  resiliency are expected; behavioral health is promoted; and the adverse effects
				  of substance abuse and mental illness are prevented or
				  reduced.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 372 - INTERAGENCY BEHAVIORAL HEALTH PURCHASING COLLABORATIVE › Part 3 - BEHAVIORAL HEALTH ENTITY CONTRACTING › Section 8.372.3.9 - ELIGIBLE BEHAVIORAL HEALTH ENTITY (BHE)

Current through Register Vol. 35, No. 13, July 16, 2024
The collaborative shall award a contract to one or more
				  behavioral health entities which meets applicable requirements and standards
				  delineated under state and federal law including Title IV of the Civil Rights
				  Act of 1964, Title IX of the Education Amendments of 1972 (regarding education
				  programs and activities), the Age Discrimination Act of 1975, the
				  Rehabilitation Act of 1973 and the Americans with Disabilities Act. The BHE
				  contract shall, at a minimum, manage delivery of all covered behavioral health
				  services (both medicaid and non-medicaid services), including network
				  development and management, tracking funding and expenditures from various
				  funding sources, conducting utilization management, ensuring coordination of
				  services, ensuring quality management and improvement, and conducting various
				  administrative functions.
A.
BHE
				contract procurement:
The collaborative may, in conjunction with the
				HCA, jointly procure contractors to provide both BH and other medicaid
				services.
B.
BHE contract
				issuance:
Prior to execution of a contract with a BHE, the collaborative
				must meet and give approval as to the substance and form of the proposed
				contract. The executive committee is authorized to negotiate, sign and execute
				the contract with a BHE without further approval from the other
				members.
C.
BHE contract
				amendments:
The BHE contract shall not be altered, changed or amended
				other than by an instrument in writing executed by the contractor and the
				co-chairs of the collaborative. The executive committee is authorized to adopt
				and execute an amendment to a BHE contract on behalf of the collaborative
				without obtaining prior approval of the other members.
D.
Other contracts:
The chair
				and co-chairs are authorized to negotiate any additional contracts, memoranda
				of understanding or other agreements, and any amendments or modifications
				thereto, on behalf of the collaborative without obtaining the prior approval of
				the members.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 372 - INTERAGENCY BEHAVIORAL HEALTH PURCHASING COLLABORATIVE › Part 3 - BEHAVIORAL HEALTH ENTITY CONTRACTING › Section 8.372.3.11 - READINESS REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
Following full execution and prior to the effective date of
				  the BHE contract, the contractor shall demonstrate to the satisfaction of the
				  collaborative that it is able to meet the requirements of the RFP. The
				  readiness review may include, but is not limited to, desk and on-site reviews,
				  system demonstrations, interviews with the contractor's staff and such other
				  review of any and all requirements of the RFP as determined by the
				  collaborative.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 372 - INTERAGENCY BEHAVIORAL HEALTH PURCHASING COLLABORATIVE › Part 3 - BEHAVIORAL HEALTH ENTITY CONTRACTING › Section 8.372.3.12 - CONTRACT MANAGEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The collaborative or its designee shall provide collective
				  and coordinated oversight and administrative functions to ensure BHE compliance
				  with the terms of its contract, assuring each member agency with fiduciary
				  responsibility for funds within the contract is involved and is able to meet
				  its obligations to oversee state and federal funds for which it is responsible.
				  Further, the provisions of 8.305.3.10 NMAC apply to all BHE
				  contracts.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 1 - HUMAN RIGHTS GENERAL PROVISIONS › Part 1 - ADMINISTRATIVE PROCEDURES FOR THE HUMAN RIGHTS BUREAU/COMMISSION › Section 9.1.1.1 - Issuing agency

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Department of Workforce Solutions, Labor Relations Division, Human Rights Bureau
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 1 - HUMAN RIGHTS GENERAL PROVISIONS › Part 1 - ADMINISTRATIVE PROCEDURES FOR THE HUMAN RIGHTS BUREAU/COMMISSION › Section 9.1.1.2 - Scope

Current through Register Vol. 35, No. 13, July 16, 2024
A. These rules apply to the general public and contain specific limitations from applicability, as noted.
B. Application of rules of civil procedure: In the absence of a specific provision governing an action in the Human Rights Act or in these rules, the human rights bureau and the human rights commission may look for guidance to the New Mexico Rules of Civil Procedure for the District Courts, Rules 1-001 to 1-102 NMRA 1998 and as may be revised.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 1 - HUMAN RIGHTS GENERAL PROVISIONS › Part 1 - ADMINISTRATIVE PROCEDURES FOR THE HUMAN RIGHTS BUREAU/COMMISSION › Section 9.1.1.3 - Statutory authority

Current through Register Vol. 35, No. 13, July 16, 2024
These rules and regulations are adopted by the secretary of the New Mexico department of workforce solutions to carry out the provisions of the Human Rights Act, Sections  28-1-1 to  28-1-7,  28-1-9 to  28-1-14 NMSA 1978 and 28-23-1 to 28-23-6 NMSA 1978, as amended, or as such provisions may be amended by law.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 1 - HUMAN RIGHTS GENERAL PROVISIONS › Part 1 - ADMINISTRATIVE PROCEDURES FOR THE HUMAN RIGHTS BUREAU/COMMISSION › Section 9.1.1.5 - Effective date

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 2020 unless a later date is cited at the end of a section.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 1 - HUMAN RIGHTS GENERAL PROVISIONS › Part 1 - ADMINISTRATIVE PROCEDURES FOR THE HUMAN RIGHTS BUREAU/COMMISSION › Section 9.1.1.6 - Objective

Current through Register Vol. 35, No. 13, July 16, 2024
These rules and regulations govern procedure for complaints with the human rights bureau, and the subsequent investigation and administrative hearing process.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 1 - HUMAN RIGHTS GENERAL PROVISIONS › Part 1 - ADMINISTRATIVE PROCEDURES FOR THE HUMAN RIGHTS BUREAU/COMMISSION › Section 9.1.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in these rules incorporates the definitions of 28-1-2 NMSA 1978 and:
A.
"Act or Acts"
means the Human Rights Act, Sections  28-1-1 to  28-1-7,  28-1-9 to  28-1-14 NMSA 1978, The Criminal Offender Employment Act, 28-2- 1 to 28-2-6 NMSA 1978, The Fair Pay for Women Act 28-23-1 to 28-23-6, 50-16-1 to 50-16-4 NMSA 1978, The Lynn and Erin Compassionate Use Act, 26-2B-9 NMSA 1978 and all subsequent amendments and provisions.
B.
"Applicant for employment"
means a person applying or attempting to apply for a position as an employee.
C.
"Bureau"
means the human rights bureau of the labor relations division of the New Mexico department of workforce solutions.
D.
"Chairperson"
and
"vice chairperson"
:
(1)
"Chairperson"
means a member of the commission designated by the governor to serve as chair.
(2)
"Vice chairperson"
means a member of the commission designated by the commission to preside in the absence or incapacity of the chairperson.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 1 - HUMAN RIGHTS GENERAL PROVISIONS › Part 1 - ADMINISTRATIVE PROCEDURES FOR THE HUMAN RIGHTS BUREAU/COMMISSION › Section 9.1.1.8 - FILING A COMPLAINT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Persons who may file a complaint:
(1) any person claiming to be aggrieved by an unlawful discriminatory practice under the New Mexico Humans Rights Act as provided in Section  28-1-1 NMSA 1978 et seq
.
or federal anti-discrimination laws enforced by the Equal Employment Opportunity Commission (EEOC);
(2) any person claimant to be aggrieved by an employer in violation of the Criminal Offender Employment Act as provided in Section  28-2-3 and  28-2-3.1 NMSA 1978;
(3) any person claiming to be aggrieved by an employer in violation of the Lynn and Erin Compassionate Use Act as provided in Section  26-2B-9 NMSA 1978; or
(4) any person claiming to be aggrieved by an employer in violation of the Fair Pay for Women Act as provided in Section  28-23-3 or  28-23-5 NMSA 1978.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 1 - HUMAN RIGHTS GENERAL PROVISIONS › Part 1 - ADMINISTRATIVE PROCEDURES FOR THE HUMAN RIGHTS BUREAU/COMMISSION › Section 9.1.1.9 - INVESTIGATIONS AND ALTERNATIVE DISPUTE RESOLUTION (ADR)

Current through Register Vol. 35, No. 13, July 16, 2024
A. Investigation deadlines:
(1) The bureau shall send the respondent a request for information and the respondent will be required to answer and submit documents within 30 calendar days from the date of the request. The deadline may be extended by the investigator for up to 20 calendar days. Any requests for additional time beyond that must be made in writing, to the director, detailing the reason for the request, and may only be granted for good cause.
(2) When the respondent answers the complaint, the bureau shall provide the response without the exhibits to the complainant. The complainant will be required to provide a rebuttal to the response within 30 calendar days of the bureau's correspondence. The deadline may be extended by the investigator for up to 20 calendar days. Any requests for additional time beyond that must be made in writing, to the director, detailing the reason for the request, and may only be granted for good cause. If no position statement is submitted by the respondent, the complainant may submit additional evidence to the bureau within 30 calendar days of notice.
(3) The complainant may file an amendment to the complaint at any time prior to the bureau's receipt of the respondent's position statement. If the complainant wishes to amend the complaint after that time, the complainant must submit a request for withdrawal of the original complaint and file a new complaint. The new filing must be filed within 300 calendar days of the most recent alleged act of discrimination to be considered timely.
(4) If either party does not provide a response by the deadline, the bureau may conduct the investigation with the information available at the time and issue a final decision based on that evidence.
(5) If a complainant files multiple cases against the same respondent, the bureau may, in its discretion, consolidate the cases for purposes of investigation and determination any time after noticing the new charge to the respondent.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 1 - HUMAN RIGHTS GENERAL PROVISIONS › Part 1 - ADMINISTRATIVE PROCEDURES FOR THE HUMAN RIGHTS BUREAU/COMMISSION › Section 9.1.1.10 - DIRECTOR'S DETERMINATION OF PROBABLE CAUSE OR NO PROBABLE CAUSE AND NOTICE OF HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. After an investigation is completed, the director will issue a determination of probable or no probable cause.
B. If the director determines that no probable cause exists, the director shall dismiss the complaint and notify the parties of the dismissal. The complainant will be notified by certified mail or electronic mail, if elected, and the respondent will be notified by regular mail or electronic mail, if elected. Upon dismissing the complaint, the director will advise the complainant of the right to appeal the determination in district court within 90 calendar days after receipt of the determination.
C. If the director determines that probable cause exists, both parties will be notified of the determination by certified mail or electronic mail, if elected. Such determination will also notify the parties of the date, time, and location of the hearing, and advise the parties that failure to appear may result in the entry of a judgment or order against the party that failed to appear.
D. Conciliation: The bureau will attempt to conciliate the matter. If conciliation attempts fail, the matter will be set for hearing before the commission or hearing officer, provided that the complainant has not requested a waiver of right to hearing pursuant to Subsection J of Section  28-1-10 NMSA 1978.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 1 - HUMAN RIGHTS GENERAL PROVISIONS › Part 1 - ADMINISTRATIVE PROCEDURES FOR THE HUMAN RIGHTS BUREAU/COMMISSION › Section 9.1.1.11 - WAIVER OF COMPLAINANT 'S RIGHT TO HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Within 60 calendar days of service of the director's determination of probable cause, the complainant may make a written request to the director for a waiver of complainant's right to a commission hearing and seek a trial de novo in district court, pursuant to Subsection J of Section  28-1-10 NMSA 1978, as amended.
B. The director shall approve a waiver request which is timely made and shall serve notice of the waiver upon the complainant and the respondent. The director's issuance of a waiver notice shall be deemed a final order of the commission for the purpose of appeal, pursuant to Section  28-1-13 NMSA 1978, as amended.
C. Within 90 calendar days from the date of service of the waiver notice, the complainant may request a trial de novo, pursuant to Section  28-1-13 NMSA 1978, as amended.
D. After 60 calendar days from the date of service of the director's determination of probable cause and any time prior to final adjournment of the hearing, the complainant may file a "motion for dismissal with leave to file in district court". The motion will be deliberated and decided upon at a commission review panel.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 1 - HUMAN RIGHTS GENERAL PROVISIONS › Part 1 - ADMINISTRATIVE PROCEDURES FOR THE HUMAN RIGHTS BUREAU/COMMISSION › Section 9.1.1.12 - MEDIATION AND CONCILIATION PROCESSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Mediation prior to issuance of commission complaint:
(1) The bureau may attempt to achieve a satisfactory adjustment of the complaint by means of mediation with the complainant and the respondent.
(2) If mediation attempts are successful, the parties shall prepare and sign a written settlement agreement. If the complainant and the respondent execute a written and signed settlement agreement, they shall provide the bureau with written notification that a settlement agreement between the parties has been executed.
(3) If a settlement agreement is reached between the complainant and the respondent through bureau mediation, the executed settlement agreement shall be forwarded to the director and will serve as the parties' written notification to the director of the executed settlement agreement.
(4) Once the director has received the parties' written notification that a settlement agreement has been executed, the complaint will be administratively closed. The parties will be provided with notice of case closure.
(5) Failure by the respondent or the complainant to abide by a fully-executed settlement agreement will require the aggrieved party to seek enforcement of the agreement in court.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 1 - HUMAN RIGHTS GENERAL PROVISIONS › Part 1 - ADMINISTRATIVE PROCEDURES FOR THE HUMAN RIGHTS BUREAU/COMMISSION › Section 9.1.1.13 - HEARING PREPARATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Issuance of commission complaint:
(1) If, after a probable cause determination, efforts at conciliation have failed, the commission shall issue a written complaint in its own name, on behalf of the complainant, against the respondent. The commission shall set forth the alleged discriminatory practice, the section of the Acts alleged to have been violated and the relief requested.
(2) The commission complaint shall require the respondent to answer the allegations of the commission complaint by appearing at a hearing before the commission on the date, time and place specified in the commission complaint. The respondent may also file a written answer to the commission complaint.
(3) The commission complaint shall be served on the complainant and the respondent or their legal representatives by certified mail, return receipt requested. Such complaint shall advise the parties that failure to appear at the hearing may result in the entry of a judgment or order against the party that fails to appear.
(4) The complainant shall review the commission complaint and verify that the complaint sets forth the discriminatory practice that is alleged to have occurred. Any motion by the complainant to amend the commission complaint should be made as soon as possible and in advance of the hearing. If a motion to amend the complaint is made on the day the hearing is set to commence, the commission may allow the respondent additional time to prepare. The commission will not allow an amendment to the complaint which alleges a discriminatory practice that was not raised and investigated at the bureau level or that was dismissed at the bureau level.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 1 - HUMAN RIGHTS GENERAL PROVISIONS › Part 1 - ADMINISTRATIVE PROCEDURES FOR THE HUMAN RIGHTS BUREAU/COMMISSION › Section 9.1.1.14 - HEARING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Appearance and representation:
(1) The complainant shall be present at the hearing, may present testimony or evidence and may be represented by an attorney or other representative. The complainant or complainant's representative shall present the case supporting the complaint at hearing.
(2) If the complainant does not appear at the hearing after proper notice has been served, the complaint may be dismissed for failure of the complainant to appear and present the complainant's case at hearing as required in Subsections A and C of Section  28-1-11 NMSA 1978, as amended.
(3) The respondent to a complaint shall file a written answer to the complaint appear at the hearing, may present testimony or evidence and may be represented by an attorney or other representative. If the respondent is an entity, the respondent may designate a person to serve as its representative at the hearing. The respondent, respondent's representative or respondent's counsel may present the case responding to the complaint at hearing.
(4) Commission counsel, or an attorney representative from the Office of the Attorney General, may advise the commission during the hearing on legal matters and will assist in the preparation of the findings of fact, the conclusions of law and the order.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 1 - HUMAN RIGHTS GENERAL PROVISIONS › Part 1 - ADMINISTRATIVE PROCEDURES FOR THE HUMAN RIGHTS BUREAU/COMMISSION › Section 9.1.1.15 - RULING AND FINAL ORDER

Current through Register Vol. 35, No. 13, July 16, 2024
A. The final decision and ruling on the merits in each case is reserved to the commission or hearing officer.
B. Where a hearing is before a three-member panel of commissioners, the commission will announce its decision and final order orally at a public meeting within 90 calendar days, for which notice will be given. Within five business days thereafter, the commission shall cause a written copy of the decision and final order to be sent by certified mail, return receipt requested, to each party or to the party's attorney, if any, at the attorney's address of record.
C. Where a hearing is conducted by a hearing officer, the hearing officer shall prepare a written report, setting forth proposed findings of fact, proposed conclusions of law and a recommended action to be taken by the commission, after the last time set for the submission of all documents following the final adjournment of a hearing, or at such other time as the commission may direct. The hearing officer's report shall be submitted for consideration by a review panel, consisting of no more than three commissioners designated by the chairperson. The commission may adopt, modify or reject the findings of fact, the conclusions of law and the recommended action proposed by the hearing officer. The commission's decision and final order will be announced orally at a public meeting, for which notice will be given. Within five business days thereafter, the commission shall cause a written copy of the decision and final order to be sent by certified mail, return receipt requested, to each party or to the party's attorney, if any, at the attorney's address of record.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 1 - HUMAN RIGHTS GENERAL PROVISIONS › Part 1 - ADMINISTRATIVE PROCEDURES FOR THE HUMAN RIGHTS BUREAU/COMMISSION › Section 9.1.1.16 - TRANSCRIPTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon receipt of a notice of appeal, if the hearing was transcribed, the bureau will supply as much of the transcript of the as is requested by the parties or the district court, pursuant to Subsection B of Section  28-1-13 NMSA 1978.
B. All costs of providing the transcript of record on appeal will be paid by the party requesting the transcript. However, nothing in these rules will be deemed as prohibiting an agreement between a complainant and a respondent concerning the cost of providing the transcript on appeal.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 1 - HUMAN RIGHTS GENERAL PROVISIONS › Part 1 - ADMINISTRATIVE PROCEDURES FOR THE HUMAN RIGHTS BUREAU/COMMISSION › Section 9.1.1.17 - CONFIDENTIALITY AND PUBLIC RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The commission complaint, decision and orders will be considered public records. Any other information contained within a division investigation file or bureau records related to the case will not be considered public records, except as determined by law, and therefore is not available for inspection under the Inspection of Public Records Act until a determination is issued or the case is closed, at which point the entire investigation file will be considered public record. The deliberations of the commission or hearing officer are not part of an open public meeting and are not considered to be public records.
B. These provisions will not be applicable to the request for information about a pending case by the complainant, the respondent or their respective attorneys in that particular pending case prior to hearing. Nor do they apply to the disclosure of necessary information by the bureau to a representative of any duly authorized civil rights agency holding a work sharing agreement or memorandum of understanding with the bureau.
C. Requests for records under the Inspection of Public Records Act (NMSA 1978 Chapter 14, Article 2) should be submitted in writing to the record custodian of the department of workforce solutions. Documents that are part of complaints dually filed with the EEOC are not available from the department of workforce solutions pursuant to Subsection 8 of Section  14-2-1 NMSA 1978.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 1 - GENERAL PROVISIONS › Section 9.2.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Aging and Long-Term Services Department Act, Sections
				  9-23-1 to
				  9-23-12 NMSA 1978; Older Americans
				  Act of 1965, 42 U.S.C.
				  Sections 3001 to
				  3058, and implementing
				  regulations.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 1 - GENERAL PROVISIONS › Section 9.2.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish standards and
				  procedures for the federal and state-funded programs administered by the aging
				  and long-term services department.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 1 - GENERAL PROVISIONS › Section 9.2.1.8 - BASIC REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				These rules apply to all functions and responsibilities required under the
				State plan on aging, in carrying out Older Americans Act programs.
B. The department, all area agencies on
				aging, grantees and subgrantees, contractors and subcontractors of funds
				administered by the department shall adhere to these rules. Additional terms
				and requirements not contained in these rules may be identified in contracts or
				grant awards.
C. Amendments to the
				Older Americans Act, any regulations promulgated thereunder, and state statutes
				may override these rules pending adoption of revised or new rules.
D. In the absence of department rules,
				federal laws, rules and regulations shall apply, as appropriate, to federal
				funds or to state funds used to match or supplement federal funds. In a like
				manner state statutes shall apply to state funds not governed by federal
				requirements.
E. The department,
				all area agencies on aging, grantees and subgrantees, contractors and
				subcontractors of funds administered by the department shall, where applicable,
				comply with the Civil Rights Act of 1964, 42 U.S.C. Section 2000 e; the
				Americans with Disabilities Act of 1990,
				42 U.S.C. Sections
				12101 to
				12103; Nondiscrimination Under
				Programs Receiving Federal Assistance Through the Department of Health and
				Human Services, 45 C.F.R. Section 80; and Nondiscrimination on the Basis of
				Handicap in Programs or Activities Receiving Federal Financial Assistance, 45
				C.F.R. Section 84.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 1 - GENERAL PROVISIONS › Section 9.2.1.9 - REVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As it becomes necessary to issue new or revised rules,
				  several principles will be used.
A.
				The state agency will issue rules required by the federal funding agencies to
				assure continued eligibility for federal and state funds.
B. All rules will be issued in compliance
				with applicable state statutes, unless in conflict with federal laws or
				regulations.
C. All rules shall
				become part of the state agency's policy manual; and
D. Opportunity for review and comment by
				contractors, state agencies, affected organizations or programs, and the
				general public will be provided.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 1 - GENERAL PROVISIONS › Section 9.2.1.10 - RULE DEVELOPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The state agency shall develop a draft of the proposed rule
				  and shall include, where feasible, state policy advisory committee, area
				  agency, senior citizen program or other affected agencies in its development.
				  The state agency will consider proposed rules or revisions to rules developed
				  by area agencies or local service providers.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 1 - GENERAL PROVISIONS › Section 9.2.1.11 - NOTICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Notice of the
				subject matter of a new or revised policy/rule, the action proposed to be
				taken, the time and place of the hearing, the manner in which interested
				persons may present their views, and the method by which copies of the proposed
				rule may be obtained shall be published once at least thirty (30) days prior to
				the hearing in the New Mexico Register, a newspaper of general circulation and
				mailed at least thirty (30) days prior to the hearing date to all persons who
				have made a written request for advance notice of hearing. The director of the
				state agency shall also provide such notice to the director of each area agency
				and each senior citizen program no later than forty (40) days prior to the
				public hearing.
B. Notice of the
				subject matter of a new or revised procedure and a copy of the new or revised
				procedure shall be provided to the area agencies, senior citizen programs,
				volunteer programs, other service contractors of the state agency and other
				interested agencies or individuals shall be provided in the form of a "State
				Action Memorandum". The memorandum shall discuss the basis for the new or
				revised procedure, allow for a thirty (30) day comment period, and identify a
				proposed implementation date.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 1 - GENERAL PROVISIONS › Section 9.2.1.12 - HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
The state agency shall conduct at least one public hearing on
				  proposed new or revised rules/policies. The public hearing shall be conducted
				  in Santa Fe or at the place identified in the notice. The state agency may
				  conduct additional public hearings in other locations of the state to provide
				  for greater opportunity for public comment. Such additional hearing shall be
				  publicized in accordance with subsection 4.1 [now Subsection A of
				  9.2.1.11 NMAC] above. Individuals
				  providing oral testimony at the public hearing(s) may be required to submit
				  written copies of their testimony for consideration.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 1 - GENERAL PROVISIONS › Section 9.2.1.13 - COMMENT PERIOD

Current through Register Vol. 35, No. 13, July 16, 2024
The state agency shall provide at least a thirty (30) day
				  comment period to allow for written comments from agencies or individuals who
				  may not have had the opportunity to attend the public
				  hearing(s).
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 1 - GENERAL PROVISIONS › Section 9.2.1.14 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
After considering all comments received, the state agency
				  shall issue the final policies or procedures within ninety (90) days following
				  the end of the comment period. Such issuance shall be effective in accordance
				  with the State Rules Act.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 1 - GENERAL PROVISIONS › Section 9.2.1.15 - EMERGENCY POLICIES OR PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
In the event that federal, state or other requirements
				  necessitate the immediate issuance of policies or procedures, the state agency
				  shall issue the draft policy or procedure as "Interim Policy and/or Procedure"
				  as a "State Policy Memorandum". Such policy or procedure shall be effective
				  immediately, but shall be subject to the review and comment procedures
				  identified above. Comments received through public hearing or in writing shall
				  be considered in the issuance of the final policy and/or
				  procedure.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 2 - FEDERAL AND STATE LAW › Section 9.2.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules apply to members of the public and organizations
				  that participate in the delivery of services to New Mexico's aging and
				  disability populations.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 2 - FEDERAL AND STATE LAW › Section 9.2.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Aging and Long-Term Services Department Act, Sections
				  9-23-1 to
				  9-23-12 NMSA 1978; Older Americans
				  Act of 1965, 42 U.S.C.
				  Sections 3001 to
				  3058, and implementing
				  regulations.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 2 - FEDERAL AND STATE LAW › Section 9.2.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish standards and
				  procedures for the federal and state-funded programs administered by the aging
				  and long term services department.