reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES › Section 11.5.5.902 - WAIVER OF RULES

Current through Register Vol. 35, No. 13, July 16, 2024
Upon motion of a party and for good cause shown, the
				  commission may waive any provision of this Part, provided that such waiver does
				  not conflict with the Act nor affect any party's right to due
				  process.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES › Section 11.5.5.903 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any provisions or application of this Part is held
				  invalid, the remainder of this Part, or its application to other persons or
				  situations, shall not be affected.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES › Section 11.5.5.906 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
No amendment to this Part shall apply to any case in which
				  the notice of contest or the petition for modification of abatement period was
				  filed prior to the effective date of such amendment.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES › Section 11.5.5.999 - SUBPART X: SAMPLE FORMS

Current through Register Vol. 35, No. 13, July 16, 2024
[see Sections
				  11.5.5.1000
				  NMAC -
				  11.5.5.1018
				  NMAC]
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES › Section 11.5.5.1000 - SAMPLE DOCUMENT (GENERAL)

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Format:
STATE OF NEW MEXICO
BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW
				  COMMISSION
[NAME OF COMPLAINANT OR PETITIONER],
[complainant/Petitioner],
v. No. [insert case no.]
[NAME(S) OF RESPONDENT(S)],
respondent[s].
[TITLE OF DOCUMENT]
[Documents filed or served pursuant to this Part, except for
				  exhibits attached to other documents, must contain a heading and caption, as
				  illustrated above, on the first page. The top margin shall be at least one and
				  one-half (1 1/2) inches, and all other margins shall be at least one (1) inch.
				  All pages after page 1 shall be numbered. The page number may appear within the
				  bottom margin allowance. The body of the document (after the title) shall be
				  double-spaced, except for footnotes, block-indented quotations, sub-headings,
				  signature blocks, and similar material.]
[Signature]_______________________________________
[TYPED OR PRINTED NAME]
[Address of signer (use as many lines as necessary)]
[Signer's telephone number]
B.
Usage note:
If applicable,
				include certificate of service (Section 1001) [now 11.5.5.1001 NMAC], on or
				immediately following the signature page.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES › Section 11.5.5.1001 - SAMPLE CERTIFICATE OF SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Format:
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing [title of
				  document] was served on the following [parties/advocates of record], by [method
				  of service], on [date of service]:
[Insert name(s) and address(es) of person(s) upon whom
				  service is made.]
[
Signature]
				  ________________________________
[Typed or printed Name]
B.
Usage note:
The certificate
				of service must appear on the signature page, or on the page immediately
				following the signature page, of the document to which it relates.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES › Section 11.5.5.1002 - SAMPLE COMMISSION SECRETARY'S CERTIFICATE OF SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Format:
COMMISSION SECRETARY'S CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing [title of
				  document] was served on each party or advocate of record, on [date of
				  service].
[
Signature]
				  ________________________________
[Typed or printed Name]
commission secretary
B.
Usage note:
The commission
				secretary's certificate of service shall be stamped or typed on the signature
				page, or on the page immediately following the signature page, of the document
				to which it relates.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES › Section 11.5.5.1003 - SAMPLE NOTICE OF SUBSTITUTION OF ADVOCATE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Format:
STATE OF NEW MEXICO
BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW
				  COMMISSION
[NAME OF COMPLAINANT OR PETITIONER],
[complainant/Petitioner],
v. No. [insert case no.]
[NAME(S) OF RESPONDENT(S)],
respondent[s].
NOTICE OF SUBSTITUTION OF ADVOCATE
Pursuant to 11 NMAC 5.5.110.B.1 [now Paragraph (1) of
				  Subsection B of
				  11.5.5.110
				  NMAC], the undersigned person hereby withdraws as advocate for [name of
				  party].
[
Signature]
				  ____________________________________
[TYPED OR PRINTED NAME]
[Address of signer (use as many lines as necessary)]
[Signer's telephone number]
The Following person hereby enters [his/her] appearance as
				  advocate for [name of party].
[
Signature
]
				  _____________________________________
[TYPED OR PRINTED NAME]
[Address of signer (use as many lines as necessary)]
[Signer's telephone number]
B.
Usage note:
Include
				certificate of service (Section 1001) [now 11.5.5.1001 NMAC], on or immediately
				following the signature page.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES › Section 11.5.5.1004 - SAMPLE NOTICE TO AFFECTED EMPLOYEES (CONTEST OF CITATIONS)

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Format:
STATE OF NEW MEXICO
BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW
				  COMMISSION
NEW MEXICO ENVIRONMENT DEPARTMENT,
complainant,
v. [case no. omitted]
[NAME OF RESPONDENT],
respondent.
NOTICE TO AFFECTED EMPLOYEES
(CONTEST OF CITATIONS)
[Name of respondent] is filing the attached notice of contest
				  pursuant to the Occupational Health and Safety Act. This contest will be the
				  subject of an informal administrative review before the New Mexico environment
				  department, and may be the subject of a hearing before the occupational health
				  and safety review commission. Any affected employee or representative of
				  affected employees may participate as a party in these proceedings, as provided
				  in the Act and in 11 NMAC 5.5 [now 11.5.5 NMAC], Occupational Health and Safety
				  Review Commission Procedures. You may obtain a copy of 11 NMAC 5.5 from the
				  commission secretary by calling [phone no.]. Copies of all documents filed in
				  this matter may be inspected at [location].
[Date of posting] [Signature]
				  ________________________________
[Typed or printed name]
B.
Usage note:
This document
				must be posted, with an attached copy of the notice of contest, in accordance
				with Section 302.E [now Subsection E of 11.5.5.302 NMAC]. Neither the original
				nor a copy should be filed with the department or the commission.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES › Section 11.5.5.1005 - SAMPLE NOTICE TO AFFECTED EMPLOYEES (PROPOSED MODIFICATION OF ABATEMENT PERIOD)

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Format:
STATE OF NEW MEXICO
BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW
				  COMMISSION
[NAME OF PETITIONER],
Petitioner,
v. . [case no. omitted]
NEW MEXICO ENVIRONMENT DEPARTMENT [and]
[NAME OF RESPONSIBLE EMPLOYER],
respondent[s].
NOTICE TO AFFECTED EMPLOYEES
(PROPOSED MODIFICATION OF ABATEMENT PERIOD)
[Name of petitioner] is filing the attached petition for
				  modification of abatement period pursuant to the Occupational Health and Safety
				  Act. Any affected employee or representative of affected employees may
				  participate as a party in these proceedings, as provided in the Act and in 11
				  NMAC 5.5 [now 11.5.5. NMAC], Occupational Health and Safety - Review Commission
				  Procedures. You may obtain a copy of 11 NMAC 5.5 [now 11.5.5. NMAC] from the
				  commission secretary by calling [phone no.]. Copies of all documents filed in
				  this matter may be inspected at [location].
[Date of posting] [Signature]
				  ________________________________
[Typed or printed name]
B.
Usage note:
This document
				must be posted, with an attached copy of the petition for modification of
				abatement period in accordance with Section 303.E [now Subsection E of
				11.5.5.303 NMAC]. Neither the original nor a copy should be filed with the
				department or the commission.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES › Section 11.5.5.1006 - SAMPLE NOTICE TO AFFECTED EMPLOYEES (INFORMAL ADMINISTRATIVE REVIEW)

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Format:
STATE OF NEW MEXICO
BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW
				  COMMISSION
[NAME OF COMPLAINANT OR PETITIONER],
[complainant/petitioner],
v. No. [insert case no.]
[NAME(S) OF RESPONDENT(S)],
respondent[s].
NOTICE TO AFFECTED EMPLOYEES
(INFORMAL ADMINISTRATIVE REVIEW)
A [meeting/telephone conference] between the New Mexico
				  environment department and [name(s) of respondent(s)], as part of the informal
				  administrative review of this case, has been scheduled for [time] on [date], at
				  [location]. Any affected employee or representative of affected employees is
				  entitled to participate as a party in the [meeting/telephone conference], as
				  provided in the Occupational Health and Safety Act and in 11 NMAC 5.5[now
				  11.5.5. NMAC], Occupational Health and Safety - Review Commission Procedures.
				  You may obtain a copy of 11 NMAC 5.5 [now 11.5.5. NMAC] from the commission
				  secretary by calling [phone no.]. Copies of all documents filed in this matter
				  may be inspected at [location].
[Date of posting] [Signature]
				  ________________________________
[Typed or printed name]
B.
Usage note:
This document
				must be posted in accordance with Section 306.C [now Subsection C of 11.5.5.306
				NMAC]. Neither the original nor a copy should be filed with the department or
				the commission.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES › Section 11.5.5.1007 - SAMPLE NOTICE TO AFFECTED EMPLOYEES (PENDENCY OF HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Format
STATE OF NEW MEXICO
BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW
				  COMMISSION
[NAME OF COMPLAINANT OR PETITIONER],
[complainant/Petitioner],
v. No. [insert case no.]
[NAME(S) OF RESPONDENT(S)],
respondent[s].
NOTICE TO AFFECTED EMPLOYEES
(PENDENCY OF HEARING)
A hearing on [issue or issues to be heard] has been scheduled
				  before the Occupational Health and Safety Review Commission to commence at
				  [time] on [date], at [location]. Any affected employee or representative of
				  affected employees is entitled to participate as a party in the hearing, as
				  provided in the Occupational Health and Safety Act and in 11 NMAC 5.5[now
				  11.5.5. NMAC], Occupational Health and Safety - Review Commission Procedures.
				  You may obtain a copy of 11 NMAC 5.5[now 11.5.5. NMAC] from the commission
				  secretary by calling [phone no.]. Copies of all documents filed in this matter
				  may be inspected at [location].
[Date of posting] [Signature]
				  ________________________________
[Typed or printed name]
B.
Usage note:
This document
				must be posted in accordance with Section 701.C [now Subsection C of 11.5.5.701
				NMAC]. Neither the original nor a copy should be filed with the department or
				the commission.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES › Section 11.5.5.1008 - SAMPLE NOTICE TO AFFECTED EMPLOYEES (PROPOSED SETTLEMENT OF CASE)

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Format:
STATE OF NEW MEXICO
BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW
				  COMMISSION
[NAME OF COMPLAINANT OR PETITIONER],
[complainant/petitioner],
v. No. [insert case no.]
[NAME(S) OF RESPONDENT(S)],
respondent[s].
NOTICE TO AFFECTED EMPLOYEES
(PROPOSED SETTLEMENT OF CASE)
The attached settlement agreement has been entered into by
				  the [signing] parties. Any affected employee [or representative of affected
				  employees] who objects to the settlement agreement should file a written
				  objection, including reasons, by hand-delivery to the commission secretary at
				  [street address], or by first class mail addressed to [mailing address].
				  Objections must be received by the commission secretary within twenty (20) days
				  after filing of the settlement agreement. Specific procedures for objection are
				  set forth in 11 NMAC 5.5 [now 11.5.5. NMAC], Occupational Health and Safety -
				  Review Commission Procedures, a copy of which may be obtained from the
				  commission secretary by calling [phone no.]. Copies of all documents filed in
				  this matter may be inspected at [location].
[Date of posting] [Signature]
				  ________________________________
[Typed or printed name]
B.
Usage note:
This document
				must be posted, with an attached copy of the settlement agreement, in
				accordance with Section 503.D[ now Subsection D of 11.5.5.503 NMAC]. Neither
				the original nor a copy should be filed with the department or the
				commission.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES › Section 11.5.5.1009 - SAMPLE AFFIDAVIT OF POSTING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Format:
STATE OF NEW MEXICO
BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW
				  COMMISSION
[NAME OF COMPLAINANT OR PETITIONER],
[complainant/petitioner],
v. No. [insert case no.]
[NAME(S) OF RESPONDENT(S)],
respondent[s].
AFFIDAVIT OF POSTING
STATE OF [NAME OF STATE IN WHICH AFFIDAVIT SIGNED] )
) ss.
COUNTY OF [NAME OF COUNTY IN WHICH AFFIDAVIT SIGNED] )
[Name of person signing affidavit], being duly sworn,
				  states:
1. I am the [title] of the
				[respondent/petitioner], [name of party], and I am authorized to make this
				affidavit.
2. I posted copies of
				the notice to affected employees ([specific type of notice]), [with an attached
				copy of the (title of attached document),] in accordance with 11 NMAC 5.5.203.A
				[now Subsection A of 11.5.5.203 NMAC], on [date of posting].
[Signature] ____________________________________
[TYPED OR PRINTED NAME]
[Address of signer (use as many lines as necessary)]
[Signer's telephone number]
SUBSCRIBED AND SWORN TO before me by [name of person signing
				  affidavit] on [date].
[Signature of notary] ____________________________
Notary public
My commission expires:
[Expiration date]___________________
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES › Section 11.5.5.1010 - SAMPLE AFFIDAVIT OF EXPLANATION FOR NON-POSTING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Format:
STATE OF NEW MEXICO
BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW
				  COMMISSION
[NAME OF COMPLAINANT OR PETITIONER],
[complainant/petitioner],
v. No. [insert case no.]
[NAME(S) OF RESPONDENT(S)],
respondent(s).
AFFIDAVIT OF EXPLANATION FOR NON-POSTING
STATE OF [NAME OF STATE IN WHICH AFFIDAVIT SIGNED] )
) ss.
COUNTY OF [NAME OF COUNTY IN WHICH AFFIDAVIT SIGNED] )
[Name of person signing affidavit], being duly sworn,
				  states:
1. I am the [title] of the
				[respondent/petitioner], [name of party], and I am authorized to make this
				affidavit.
2. A notice to affected
				employees ([specific type of notice]) was not posted because [brief explanation
				of reason for not posting].
[Signature] _______________________________
[TYPED OR PRINTED NAME]
[Address of signer (use as many lines as necessary)]
[Signer's telephone number]
SUBSCRIBED AND SWORN TO before me by [name of person signing
				  affidavit] on [date].
[Signature of notary] _______________________
Notary public
My commission expires:
[Expiration date]
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES › Section 11.5.5.1011 - SAMPLE NOTICE OF CONTEST

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Format:
STATE OF NEW MEXICO
BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW
				  COMMISSION
NEW MEXICO ENVIRONMENT DEPARTMENT,
complainant,
v. [Case no. omitted]
[NAME OF RESPONDENT],
respondent.
NOTICE OF CONTEST
TO: [Name and address of person who signed citation for
				  department]
[Name of respondent] contests the following portions of the
				  citations issued by the New Mexico environment department on [date]:
[List, by citation and item number, each item being
				  contested, and state what specific aspect (existence of cited condition, that
				  cited condition constitutes a violation, classification, penalty, or abatement
				  date) is being contested.]
[A copy/copies] of the relevant [citation(s)/item(s)]
				  [is/are] attached hereto as Exhibit[s] A [through (last exhibit
				  letter)].
Dated: [insert filing date] [Signature]
				  ________________________________
TYPED OR PRINTED NAME]
[Address of signer (use as many lines as necessary)]
[Signer's telephone number]
B.
Usage note:
Attached
				exhibits must be labelled ("EXHIBIT A", etc.) in the center of the bottom
				margin. Each citation should be a separate exhibit, but items within a single
				citation should not be separate exhibits unless on non-consecutive pages. A
				certificate of service is not required, but an affidavit of posting (form 10)
				or affidavit of explanation for non-posting (Section 1010) [now 11.5.5.1010
				NMAC] must be filed.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES › Section 11.5.5.1012 - SAMPLE PETITION FOR MODIFICATION OF ABATEMENT PERIOD

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Format:
STATE OF NEW MEXICO
BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW
				  COMMISSION
[NAME OF PETITIONER],
Petitioner,
v. [case no. omitted]
NEW MEXICO ENVIRONMENT DEPARTMENT
[and] [NAME OF RESPONSIBLE EMPLOYER],
respondent[s].
PETITION FOR MODIFICATION OF ABATEMENT PERIOD
TO: [Name and address of person who signed citation for
				  department]
[Name of petitioner] petitions for amendment of the abatement
				  dates for the following-listed items of the citation issued to [name of
				  responsible employer] on [date]:
[List each item for which abatement date modification is
				  requested, state what longer or shorter period is requested, and state reasons
				  for request.]
[A copy/copies] of the relevant [citation(s)/item(s)]
				  [is/are] attached hereto as Exhibit[s] A [through (last exhibit
				  letter)].
Dated: [insert filing date] [Signature]
				  ______________________________
[TYPED OR PRINTED NAME]
[Address of signer (use as many lines as necessary)]
[Signer's telephone number]
B.
Usage note:
Attached
				exhibits must be labelled ("EXHIBIT A", etc.) in the center of the bottom
				margin. Each citation should be a separate exhibit, but items within a single
				citation should be separate exhibits only if on non-consecutive pages. A
				certificate of service (Section 1001) [now 11.5.5.1001 NMAC], showing service
				on the responsible employer is required if the petition is filed by an affected
				employee or a representative of affected employees. An affidavit of posting
				(form 10) or affidavit of explanation for non-posting (Section 1010) [now
				11.5.5.1010 NMAC] must be filed.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES › Section 11.5.5.1013 - SAMPLE NOTICE OF VACATION OF CITATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Format:
STATE OF NEW MEXICO
BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW
				  COMMISSION
NEW MEXICO ENVIRONMENT DEPARTMENT,
complainant,
v. No. [insert case no.]
[NAME OF RESPONDENT],
respondent.
NOTICE OF VACATION OF
				  CITATION[S
]
complainant, New Mexico environment department, hereby gives
				  notice of the unconditional vacation of [the/all] citation[s] at issue in this
				  matter.
[Signature] _______________________________
[TYPED OR PRINTED NAME]
[Address of signer (use as many lines as necessary)]
[Signer's telephone number]
B.
Usage note:
Include
				certificate of service (Section 1001) [now 11.5.5.1001 NMAC], on or immediately
				following the signature page.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES › Section 11.5.5.1014 - SAMPLE NOTICE OF WITHDRAWAL OF CONTEST OR PETITION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Format:
STATE OF NEW MEXICO
BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW
				  COMMISSION
[NAME OF COMPLAINANT OR PETITIONER],
[complainant/Petitioner],
v. No. [insert case no.]
[NAME(S) OF RESPONDENT(S)],
respondent[s].
NOTICE OF WITHDRAWAL OF
				  [CONTEST/PETITION
]
[respondent/Petitioner], [Name of respondent or Petitioner,
				  as applicable], hereby gives notice of the unconditional withdrawal of the
				  [Notice of Contest/Petition for Modification of Abatement Period] in this
				  matter.
[Signature] _______________________________
[TYPED OR PRINTED NAME]
[Address of signer (use as many lines as necessary)]
[Signer's telephone number]
B.
Usage note:
Include
				Certificate of Service (Section 1001) [now 11.5.5.1001 NMAC], on or immediately
				following the signature page.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES › Section 11.5.5.1015 - SAMPLE NOTICE OF INTERVENTION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Format:
STATE OF NEW MEXICO
BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW
				  COMMISSION
[NAME OF COMPLAINANT OR PETITIONER],
[complainant/Petitioner],
v. No. [insert case no.]
[NAME(S) OF RESPONDENT(S)],
respondent[s].
[NAME OF INTERVENOR],
Intervenor.
NOTICE OF INTERVENTION
Notice is hereby given that [Name of Intervenor], [an
				  affected employee/a representative of affected employees] of
				  [Petitioner/respondent], [Name of Responsible Employer], intervenes in this
				  case.
[Signature] ________________________________
[TYPED OR PRINTED NAME]
[Address of signer (use as many lines as necessary)]
[Signer's telephone number]
B. Usage note: Include Certificate of Service
				(Section 1001) [now 11.5.5.1001 NMAC] on or immediately following the signature
				page, to show service upon the other parties.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES › Section 11.5.5.1016 - SAMPLE NOTICE OF WITHDRAWAL OF INTERVENTION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Format:
STATE OF NEW MEXICO
BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW
				  COMMISSION
[NAME OF COMPLAINANT OR PETITIONER],
[complainant/Petitioner],
v. No. [insert case no.]
[NAME(S) OF RESPONDENT(S)],
respondent[s].
[NAME OF INTERVENOR],
Intervenor.
NOTICE OF WITHDRAWAL OF INTERVENTION
Notice is hereby given that Intervenor [Name of Intervenor]
				  withdraws from this case.
[
Signature]
[TYPED OR PRINTED NAME]
[Address of signer (use as many lines as necessary)]
[Signer's telephone number]
B.
Usage note:
Include
				Certificate of Service (Section 1001) [now 11.5.5.1001 NMAC] on or immediately
				following the signature page, to show service upon the other parties.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES › Section 11.5.5.1017 - SAMPLE NOTICE OF SERVICE OF DISCOVERY REQUEST OR RESPONSE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Format:
STATE OF NEW MEXICO
BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW
				  COMMISSION
[NAME OF COMPLAINANT OR PETITIONER],
[complainant/Petitioner],
v. No. [insert case no.]
[NAME(S) OF RESPONDENT(S)],
respondent[s].
NOTICE OF SERVICE OF
[RESPONSE TO] [TYPE OF DISCOVERY]
Notice is hereby given that a [Response to] [Type of
				  Discovery] was served upon [Name of Party], by [type of service], on
				  [date].
[Signature] _______________________________
[TYPED OR PRINTED
NAME]
[Address of signer (use as many lines as necessary)]
[Signer's telephone number]
B.
Usage note:
Insert
				Certificate of Service (Section 1001) [now 11.5.5.1001 NMAC] on or immediately
				following signature page.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES › Section 11.5.5.1018 - SAMPLE SUBPOENA AND RETURN

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Format; subpoena:
STATE OF NEW MEXICO
BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW
				  COMMISSION
[NAME OF COMPLAINANT OR PETITIONER]
[complainant/Petitioner],
v. No. [insert case no.]
[NAME(S) OF RESPONDENT(S)],
respondent[s].
SUBPOENA [DUCES TECUM]
TO: [Name and address of person to whom Subpoena
				  addressed]
You are hereby commanded to appear before [the Occupational
				  Health and Safety Review commission/a Certified court reporter] at [location]
				  on [date], at the hour of [time] and testify in this matter at the request of
				  [party requesting Subpoena]. [You are further ordered to bring with you the
				  following items:]
[If Subpoena Duces Tecum, list items to be brought.]
OCCUPATIONAL HEALTH AND SAFETY
REVIEW COMMISSION
[Location of commission Seal] By:[Signature]
				  ____________________________
[TYPED OR PRINTED NAME]
Commission secretary
Subpoena requested by: [List name, address, and phone no. of
				  person requesting Subpoena]
B.
Format; return of service:
Include a return of service, in the following
				format, on the reverse of the Subpoena or on a separate page:
RETURN FOR COMPLETION BY SHERIFF OR DEPUTY
STATE OF NEW MEXICO )
) ss.
COUNTY OF [NAME OF COUNTY] )
I certify that on [date], in the County of [Name of County],
				  I served this Subpoena [Duces Tecum] on [name of person served], by delivering
				  a copy of the Subpoena [Duces Tecum] to such person.
__________________________________________
SHERIFF OR DEPUTY
RETURN FOR COMPLETION BY
OTHER PERSON MAKING SERVICE
STATE OF NEW MEXICO )
) ss.
COUNTY OF [NAME OF COUNTY] )
I, being duly sworn, on oath say that I am over the age of 18
				  years and not a party to this case, and that on [date], in the County of [name
				  of county], I served this Subpoena [Duces Tecum] on [name of person served], by
				  delivering a copy of the Subpoena[Duces Tecum] to such person.
__________________________________________
Person Making Service
SUBSCRIBED AND SWORN TO before me by [name of person signing
				  affidavit] on [date].
__________________________________________
Judge, Notary, or Other Officer
Authorized to Administer Oaths
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 6 - CONVENIENCE STORES › Section 11.5.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Sections
				  50-9-7,
				  50-9-13,
				  and
				  74-1-8.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 6 - CONVENIENCE STORES › Section 11.5.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 1, 2004, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 6 - CONVENIENCE STORES › Section 11.5.6.8 - SECURITY REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
All convenience stores shall be equipped with the following
				  security devices and standards:
A.
Exterior lighting:
The employer shall provide and maintain
				exterior lighting during all evening and nighttime operating hours that ensures
				clear visibility of the parking areas, walkways, building entrances and exits,
				and gasoline pump areas.
B.
Employee training:
(1) The employer
				shall provide each employee, at the time of his or her initial appointment, and
				by periodic review not to exceed four-month intervals, crime prevention and
				safety training in accordance with a written training curriculum. The training
				curriculum may include computer-based training. Periodic reviews shall include,
				at a minimum, review of the written training curriculum and site-specific
				issues. Training shall be conducted in a language that is understood by the
				employee. The employer shall conduct training, or designate a knowledgeable
				representative to conduct training, in accordance with the written training
				curriculum that includes but is not limited to:
(a) an overview of the potential risk of
				assault;
(b) operational
				procedures, such as cash handling rules, that are designed to reduce
				risk;
(c) proper use of security
				measures and engineering controls that have been adopted in the
				workplace;
(d) behavioral
				strategies to defuse tense situations and reduce the likelihood of violence,
				such as techniques of conflict resolution and aggression management;
(e) specific instructions on how to respond
				to a robbery and how to respond to attempted shoplifting; and
(f) emergency action procedures to be
				followed in the event of a robbery or violent incident.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 6 - CONVENIENCE STORES › Section 11.5.6.21 - COMPLIANCE PROVISION

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise provided, compliance with the sections of
				  this part shall be achieved within sixty days of its effective
				  date.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 6 - CONVENIENCE STORES › Section 11.5.6.22 - CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
This regulation shall be liberally construed to carry out the
				  purposes of the occupational health and safety regulations and the state
				  act.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 6 - CONVENIENCE STORES › Section 11.5.6.23 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any provision or application of this regulation is held
				  invalid, the remainder, or its application to other situations or persons,
				  shall not be affected.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 6 - CONVENIENCE STORES › Section 11.5.6.25 - REFERENCES IN OTHER REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Any reference to the Convenience Store regulations or 11.5.6
				  NMAC in any other rule shall be construed as a reference to this
				  regulation.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 6 - CONVENIENCE STORES › Section 11.5.6.26 - COMPLIANCE WITH OTHER REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Compliance with this regulation does not relieve a person
				  from the obligation to comply with any other applicable federal, state, or
				  local regulations.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 6 - CONVENIENCE STORES › Section 11.5.6.27 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Future amendments: no future amendment to 11.5.6 NMAC shall
				  affect any administrative or judicial enforcement action pending on the
				  effective date of the amendment.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 6 - DAY LABORERS › Part 1 - GENERAL PROVISIONS › Section 11.6.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  50-15-1 to
				  50-15-7
				  NMSA 1978.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 6 - DAY LABORERS › Part 1 - GENERAL PROVISIONS › Section 11.6.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Check cashing
				service" means a business that offers to cash checks or other payment
				instruments or that advertises that it cashes checks or other payment
				instruments.
B. "Day labor" means
				employment that is under a contract between a day labor service agency and a
				third-party employer, that is occasional, irregular or for a limited time
				period.
C. "Day labor service
				agency" means an entity, including a labor broker or labor pool, that provides
				day laborers to third-party employers and that charges the third-party employer
				for the service of providing day laborers for employment offered by the
				employer. The provisions of the Workers' Compensation Act [52-1-1 et. seq. NMSA
				1978] shall apply to day labor service agencies.
D. "Day laborer" means a person who contracts
				for day labor employment with a day labor service agency.
E. "Department" means the New Mexico
				department of workforce solutions.
F. "High percentage of workers" means 10% or
				more of the day laborers that a day labor service agency employs in a calendar
				year.
G. "Hours worked" means time
				a day laborer spent actually working. Time of work begins when the employer
				begins to control the day laborers time. Time spent by a day laborer in travel
				as part of his/her principal activity, such as travel from job site to job site
				during the workday, is work time and must be counted as hours worked,
				consistent with existing wage and hour law. A day laborer who is required to
				remain waiting on call on the day labor service agency's premises or on the
				third-party employer's premises is working while waiting, consistent with
				existing wage and hour law. Further, any preparation time required by the day
				labor service agency or third-party employer at a day labor service agency or
				an employer's premises or at a prescribed work place will be counted as hours
				worked, consistent with existing wage and hour law.
H. "Limited English proficient" means a day
				laborer who does not speak English as their primary language and who has a
				limited ability to read, speak, write or understand English.
I. "Payment instrument" means a paycheck,
				payment voucher or other negotiable instrument from an employer provided to an
				employee to pay for hours worked.
J. "Third-party employer" means a person or
				entity that contracts with a day labor service agency for the employment of day
				laborers.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 6 - DAY LABORERS › Part 1 - GENERAL PROVISIONS › Section 11.6.1.8 - EXEMPT EMPLOYERS

Current through Register Vol. 35, No. 13, July 16, 2024
The following agencies that provide employees on a short-term
				  or otherwise temporary basis are exempted from the provisions of the Day Labor
				  Act and these regulations:
A. business
				entities registered as farm labor contractors;
B. temporary services employment agencies
				where advanced applications, a screening process and job interviews are
				required;
C. a labor union hiring
				hall; and
D. a labor bureau or
				employment office operated by a business entity for the sole purpose of
				employing a person for its own use.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 6 - DAY LABORERS › Part 1 - GENERAL PROVISIONS › Section 11.6.1.9 - TIME FRAMES FOR PAYMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Where
				day labor employment lasts less than one week, wages shall be paid at the end
				of each workday or sooner if requested by the day laborer.
B. Where day labor employment lasts more than
				a week, wages shall be paid at the end of each workweek or sooner if requested
				by the day laborer.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 6 - DAY LABORERS › Part 2 - DAY LABOR SERVICE AGENCIES AND THIRD PARTY EMPLOYERS DUTIES › Section 11.6.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Department of Workforce Solutions, Labor Relations
				  Division.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 6 - DAY LABORERS › Part 2 - DAY LABOR SERVICE AGENCIES AND THIRD PARTY EMPLOYERS DUTIES › Section 11.6.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All day labor and third party employers in New
				  Mexico.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 6 - DAY LABORERS › Part 2 - DAY LABOR SERVICE AGENCIES AND THIRD PARTY EMPLOYERS DUTIES › Section 11.6.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  50-15-1 to
				  50-15-7
				  NMSA 1978.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 6 - DAY LABORERS › Part 2 - DAY LABOR SERVICE AGENCIES AND THIRD PARTY EMPLOYERS DUTIES › Section 11.6.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 15, 2008, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 6 - DAY LABORERS › Part 2 - DAY LABOR SERVICE AGENCIES AND THIRD PARTY EMPLOYERS DUTIES › Section 11.6.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish regulations
				  necessary for the enforcement of the Day Laborer Act.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 6 - DAY LABORERS › Part 2 - DAY LABOR SERVICE AGENCIES AND THIRD PARTY EMPLOYERS DUTIES › Section 11.6.2.8 - DUTIES APPLICABLE TO DAY LABOR SERVICE AGENCIES AND THIRD-PARTY EMPLOYERS

Current through Register Vol. 35, No. 13, July 16, 2024
A day labor service agency and third-party employer
				  shall:
A. compensate a day laborer for
				all hours worked or otherwise due and owed to the day laborer;
B. compensate day laborers for hours worked
				by providing or making available commonly accepted payment instruments that are
				payable in cash, on demand, at a financial institution;
C. before or at the time of payment of wages,
				provide each day laborer with an itemized statement of payment with the
				laborer's name, the amount of time worked, the rate of pay and detail regarding
				each deduction made from wages, which shall include no less than the purpose of
				the deduction and the amount of the deduction;
D. not allow any deductions made other than
				those required by federal or state law to reduce a day laborer's wages below
				the federal minimum wage for the hours worked;
E. maintain true and accurate records of the
				day laborers employed and of the hours worked and wages paid to the day
				laborers for at least one year after the entry of the record; such records
				shall be kept as provided for herein and shall be open at all reasonable hours
				to the inspection of the director of the department or his or her
				agents.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 6 - DAY LABORERS › Part 2 - DAY LABOR SERVICE AGENCIES AND THIRD PARTY EMPLOYERS DUTIES › Section 11.6.2.9 - DUTIES APPLICABLE TO DAY LABOR SERVICE AGENCIES ONLY

Current through Register Vol. 35, No. 13, July 16, 2024
A. A day labor service agency shall not
				restrict the right of a day laborer to accept a permanent position with a
				third-party employer to whom the day laborer has been referred for work or
				otherwise restrict the right of a third-party employer to offer employment to a
				day laborer.
B. A day labor service
				agency shall keep the official notice of the Day Laborer Act, furnished by the
				department of workforce solutions without charge, posted in a conspicuous place
				on or about the premises where the DLSA is hiring, registering or otherwise
				offering employment or payment to any day laborer seeking employment. A day
				labor service agency shall also provide an 8.5 x 11 size copy of the official
				notice of the Day Labor Act, provided by the department without charge, to each
				day laborer with each payment statement.
C. A day labor service agency may collect a
				reasonable placement fee from a third-party employer.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 6 - DAY LABORERS › Part 2 - DAY LABOR SERVICE AGENCIES AND THIRD PARTY EMPLOYERS DUTIES › Section 11.6.2.10 - CHECK CASHING SERVICES; NOTICES; WAIVERS; PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. If a day labor service agency provides a
				check cashing service, is a check cashing service, or allows a check cashing
				service to operate on its premises, it cannot charge a day laborer an amount in
				excess of two dollars ($ 2.00) for cashing a check or payment instrument that
				is issued by the agency.
B. A day
				labor service agency or a check cashing service that is operating within the
				office of a day labor service agency shall post a notice clearly visible in the
				area where it cashes checks or payment instruments, that clearly states
				limitations on the fee amount and its fee for cashing a check or payment
				instrument.
C. A day labor service
				agency or a check cashing service operating on the premises of a day labor
				service agency shall not charge any fees for cashing a check or payment
				instrument unless the day laborer is given the option of being paid with a
				check or payment instrument that is payable without a fee at a local financial
				institution and the day laborer voluntarily chooses to cash the check with the
				day labor service agency or at a check cashing service operating on the
				premises of a day labor service agency.
(1) If
				the day laborer elects to cash the check with the day labor service agency or a
				check cashing service operating on the premises of a day labor service agency,
				the day labor service agency must have the day laborer voluntarily sign a
				waiver in plain language. When a day laborer is limited English proficient,
				the, the day labor service agency is responsible for providing a waiver that is
				translated into the day laborer's primary language, indicating that the day
				laborer is aware they have the right to be paid with a payment instrument that
				can be cashed at a bank or other local financial institution free of charge and
				they have voluntarily elected to cash their check with the day labor service
				agency or check cashing service. This waiver must be signed each time the day
				laborer cashes a check with the day labor service agency or with a check
				cashing service operating on the premises of a day labor services
				agency.
(2) Waiver(s) must be kept
				on file for one (1) year from the date signed and shall be open at all
				reasonable hours to the inspection of the director of the department or his or
				her agents.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 6 - DAY LABORERS › Part 3 - DAY LABOR COMPLAINTS AND PENALTIES › Section 11.6.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  50-15-1 to
				  50-15-7
				  NMSA 1978.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 6 - DAY LABORERS › Part 3 - DAY LABOR COMPLAINTS AND PENALTIES › Section 11.6.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 15, 2008, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 6 - DAY LABORERS › Part 3 - DAY LABOR COMPLAINTS AND PENALTIES › Section 11.6.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish regulations
				  necessary for the enforcement of the Day Laborer Act.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 6 - DAY LABORERS › Part 3 - DAY LABOR COMPLAINTS AND PENALTIES › Section 11.6.3.9 - VIOLATIONS, MISDEMEANORS AND PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any day labor service agency, or its
				employee or agent, or any third-party employer or its employee or agent, who
				hires a day laborer and fails to pay a day laborer for work performed or time
				due, is liable for full payment of the wages not paid and civil damages equal
				to twice the value of the unpaid wages, court costs, and attorney fees and
				costs.
B. Any day labor service
				agency, or its employee or agent, or any third-party employer or its employee
				or agent, who violates the provisions of the Day Laborer Act, is for a first
				offense guilty of a misdemeanor, and shall be sentenced pursuant to Section
				31-19-1
				NMSA 1978. Offenders who violate this Act a second or subsequent times shall be
				guilty of a misdemeanor, shall be sentenced pursuant to Section
				31-19-1
				NMSA 1978, and shall be fined no less than two hundred fifty dollars ($250) and
				not more than one thousand dollars ($1,000) for each offense for which the
				offender is convicted, which fine shall not be suspended, deferred or taken
				under advisement.
C. In addition to
				any other fees or fines that may be imposed on an offender convicted pursuant
				to this section, the court may order the offender to pay restitution pursuant
				to Section
				31-17-1 NMSA
				1978.
D. Each occurrence of a
				violation for which a person is convicted is a separate offense.
E. Multiple violations arising from
				transactions with the same person or multiple violations arising from
				transactions with different people shall be considered separate
				occurrences.
F. It shall not be a
				defense to any action brought pursuant to this section that the plaintiff or
				complainant is an undocumented worker or otherwise has questionable immigrant
				status.