New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 10 - APPEALS AND ADJUDICATION › Section 10.4.10.8 - APPEALS PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Covered employees who have been demoted, dismissed or suspended have the right
				to appeal to the board for a public hearing before the board or before a
				state-personnel- office designated hearing officer within thirty (30) calendar
				days of the effective date of the disciplinary action.
B. The appeal notice and supporting documents
				shall be directed to the president of the New Mexico district attorneys
				personnel review board. Upon receipt of the appeal, the president shall forward
				a copy to the members of the personnel review board.
C. In the event the appellant elects a
				state-personnel-designated hearing officer, the board shall promptly make that
				request to the state personnel office and promptly execute any and all
				documents necessary to implement this election. The state personnel office
				shall promptly arrange for the hearing officer without charge. This officer
				shall have all of the rights, duties and responsibilities provided to the board
				by the District Attorney Personnel and Compensation Act. This hearing officer's
				decision shall be binding and of the same force and effect as if the board
				itself had rendered the final decision.
D. In the event the appellant elects a
				hearing before the board, the president of the personnel review board shall
				inform the other board members and the affected parties of the time and place
				of the hearing; and the president or their designee shall preside over all
				proceedings pertaining to each appeal. A sitting board member who is the
				employer of the appellant must excuse themselves from hearing the appeal. The
				president of the board may designate a hearing officer who may be a member of
				the board to preside over and take evidence at any hearing pursuant to such
				appeal. This hearing officer shall prepare and submit to the board a summary of
				the evidence taken at the hearing and proposed findings of act. The board shall
				render a final decision on the appeal, which shall include findings of fact and
				conclusions of law. If a hearing is continued, the same three (3) members who
				started to hear the appeal shall serve until the conclusion of the appeal
				process. The president of the personnel review board shall inform the other
				board members and the affected parties of the time and place of the hearing;
				and the president or their designee shall preside over all proceedings
				pertaining to each appeal. A sitting board member who is the employer of the
				appellant must excuse himself/herself from hearing the appeal. The president of
				the board may designate a hearing officer who may be a member of the board to
				preside over and take evidence at any hearing pursuant to such appeal. This
				hearing officer shall prepare and submit to the board a summary of the evidence
				taken at the hearing and proposed findings of fact. The board shall render a
				final decision on the appeal, which shall include findings of fact and
				conclusions of law. If a hearing is continued, the same three (3) members who
				started to hear the appeal shall serve until the conclusion of the appeal
				process.