reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 10 - APPEALS AND ADJUDICATION › Section 10.4.10.13 - HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Notice of
				hearing shall be made by certified mail with return receipt requested at least
				fourteen (14) calendar days prior to the hearing, unless otherwise agreed to by
				the parties and the board or the state personnel office designated hearing
				officer.
B. The hearing shall be
				open to the public, unless the parties agree that it shall be closed.
C. A party may appear at the hearing through
				a representative, provided such representative has made a written entry of
				appearance prior to the hearing date.
D. The board or the state personnel office
				designated hearing officer may clear the room of witnesses not under
				examination, if either party so requests, and any person who is disruptive. The
				district attorney is entitled to have a person in the hearing room during the
				course of the hearing, even if the person will testify in the
				hearing.
E. The district attorney
				or his representative may make an opening statement. The appellant may then
				make an opening statement or wait until the district attorney is through
				presenting his/her case.
F. The
				district attorney shall present his/her evidence first.
G. Oral evidence shall be taken only under
				oath or affirmation.
H. Each party
				shall have the right to:
(1) call and examine
				witnesses and introduce exhibits;
(2) cross-examine witnesses;
(3) impeach any witness; and
(4) rebut any relevant evidence.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 10 - APPEALS AND ADJUDICATION › Section 10.4.10.14 - REINSTATEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. If the board or
				the state personnel office designated hearing officer finds that the action
				taken was without just cause, the board or the state personnel office
				designated hearing officer may modify the disciplinary action or order the
				reinstatement of the appellant to his or her former position or to a position
				of like status and pay.
B. When the
				board or state personnel office designated hearing officer orders reinstatement
				of an appellant, the reinstatement shall be effective within thirty (30)
				calendar days after service of a written copy of the decision on the affected
				party. The board or the state personnel office designated hearing officer may
				award back pay as of the date of the dismissal, demotion or suspension or as of
				such later date as the reinstatement order may specify.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 10 - APPEALS AND ADJUDICATION › Section 10.4.10.15 - HEARING OFFICER

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				hearing officer shall not participate in any adjudicatory proceeding if, for
				any reason, the hearing officer cannot afford a fair and impartial hearing to
				either party. Either party may ask to disqualify the designated hearing officer
				for cause by filing an affidavit of disqualification within fourteen (14)
				calendar days of the pre-hearing order. The affidavit must state the particular
				grounds for disqualification. The designated hearing officer shall rule on
				motions for disqualification and an appeal of the ruling may be made to the
				board within fourteen (14) calendar days of the hearing officer's
				ruling.
B. Appeals from employees
				of the district attorney's office shall be heard by the board, a member of the
				board designated as hearing officer or a state personnel office designated
				hearing officer.
C. The hearing
				officer may dismiss an appeal with prejudice in accordance with the provisions
				of a settlement agreement approved by the hearing officer or upon the filing of
				a motion to withdraw the appeal at any time before the deadline for the
				completion of discovery.
D. The
				hearing officer may dismiss an appeal with prejudice upon the filing of a
				motion to withdraw the appeal after the deadline for the completion of
				discovery upon such terms and conditions as the hearing officer deems proper,
				up to and including the assessment of costs.
E. Persons shall not discuss the merits of
				any pending hearing or proceeding with the designated hearing officer or member
				of the board unless both parties, or their representatives, are
				present.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 10 - APPEALS AND ADJUDICATION › Section 10.4.10.16 - APPEAL TO DISTRICT COURT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Any party aggrieved by the decision of the board or the state personnel office
				designated hearing officer made pursuant to this part may appeal the decision
				to the district court in the district in which they reside, is employed or
				maintains a principal office or to the district court for the district of Santa
				Fe county. The appeal shall be initiated by filing a notice of appeal with the
				clerk of the appropriate district court within thirty (30) days after the
				service on that party of a written copy of the final decision of the board or
				the state personnel office designated hearing officer. Upon appeal the district
				court shall affirm the decision of the board or the state personnel office
				designated hearing officer unless the decision is found to be:
(1) arbitrary, capricious or an abuse of
				discretion;
(2) not supported by
				substantial evidence; or
(3)
				otherwise not in accordance with law.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 14 - JOB SPECIFICATIONS › Section 10.4.14.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Applicable to all employees in a district attorney's office
				  and in the administrative office of the district attorneys, except where
				  noted.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 14 - JOB SPECIFICATIONS › Section 10.4.14.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is adopted pursuant to:
A. Section
				36-1-25
				NMSA 1978 which, among other things, authorizes the duly appointed director of
				the administrative office of the district attorneys to appoint necessary
				personnel and assign their duties within the administrative office of the
				district attorneys;
B. Section
				36-1-26 NMSA
				1978 which, among other things, requires the director of the administrative
				office of the district attorneys to develop uniform systems for use by district
				attorney offices with respect to personnel matters;
C. Section
				36-1A-2
				NMSA 1978 of the District Attorney Personnel and Compensation Act, Sections
				36-1A-1
				through
				36-1A-15
				NMSA 1978, which, among other things, created the District Attorney Personnel
				and Compensation Act to establish for all district attorneys a uniform,
				equitable and binding system of personnel administration; and
D. Section
				36-1A-8
				NMSA 1978 which, among other things, requires the district attorneys to
				promulgate personnel rules, with the assistance of the director of the
				administrative office of the district attorneys as authorized by Subsection I
				of Section
				36-1-26 NMSA
				1978, which among other things requires the director of the administrative
				office of the district attorneys to perform such other duties in furtherance of
				the administration of the business of the district attorneys as directed by the
				elected or appointed district attorneys.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 4 - DISTRICT ATTORNEYS › Part 14 - JOB SPECIFICATIONS › Section 10.4.14.8 - JOB SPECIFICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Administrative office of the district attorneys director:
(1) Purpose: This position performs a variety
				of administrative and managerial duties as the agency director for the
				administrative office of the district attorneys.
(2) Supervision: Incumbent receives
				administrative direction from the elected district attorneys. Incumbent
				supervises the administrative office of the district attorneys staff.
(3) Examples of work performed: Incumbent
				plans, develops and executes administrative policy governing agency operations;
				implements, oversees, and evaluates agency management decisions and is
				responsible for multiple programs/projects; establishes agency accountability
				measures; participates in the preparation of documents for the office such as
				budgets, information technology plans, agency annual report; drafts legislation
				and testifies regarding legislative initiatives; oversees budgets involving
				multiple funding sources; and supervises agency staff.
(4) Distinguishing characteristics: This is a
				management level position which involves the administration of a single agency.
				The incumbent acts on behalf of the New Mexico district attorneys' association,
				when so directed, and serves at the pleasure of the district
				attorneys.
(5) Working conditions:
				Work is performed in an office environment. Some physical effort and frequent
				travel may be required. May be required to work extended hours at certain
				intervals during the year.
(6)
				Knowledge, skills, and abilities: This position requires knowledge of the
				criminal justice system, public administration principles, office management
				practices, federal and state laws and regulations; effective writing and verbal
				communication skills, supervisory skills, analytical and decision-making
				skills; ability to plan and coordinate large scale projects involving numerous
				programs and individuals; ability to organize and prioritize workloads and
				manage multiple projects.
(7)
				Requirements: Bachelor's degree in public administration, criminal justice
				administration, or related field plus seven (7) years of work experience in
				administration, management, or related field, which must include two years
				supervision/administration experience.
(8) Preferred qualifications: Law degree,
				which must include two years supervision/administration experience.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 5 - STATE POLICE › Part 100 - STANDARD OF CONDUCT › Section 10.5.100.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  29-2-1.1
				  -G NMSA 1978 defines the New Mexico state police board as meaning the secretary
				  of the department of public safety. Section
				  29-2-4 -1
				  NMSA 1978 directs the New Mexico state police board to promulgate rules and
				  regulations governing the employment and operating practices for employees of
				  the state police division. Section
				  29-2-22
				  NMSA 1978 assigns authority to the New Mexico state police board to promulgate
				  rules and regulations as standards of conduct for members of the New Mexico
				  state police; it also directs a copy of these rules to be given to each member
				  and to be displayed at each station of the department.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 5 - STATE POLICE › Part 100 - STANDARD OF CONDUCT › Section 10.5.100.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 100 of Chapter 5 is to provide
				  standards of conduct for commissioned officers of the state police division, as
				  authorized by the provisions of Section
				  29-2-22
				  NMSA 1978.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 5 - STATE POLICE › Part 100 - STANDARD OF CONDUCT › Section 10.5.100.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Authorized leave"
means any type of leave approved by the employee's
				supervisor.
B.
"Days"
means, unless otherwise stated, that days will be considered to be working
				days, or days which are regularly scheduled to be worked. For suspension
				purposes, a holiday is considered to be a working day.
C.
"Dismissal"
means the act of
				permanently terminating the service of a member
;
a discharge or
				removal from office, for cause.
D.
"Employee"
means a commissioned officer with the department of
				public safety.
E.
"Firearm"
means one of the following:
(1) revolver or semi-automatic handgun,
				issued or personal; must be a .38, .357 Magnum, .380, 9mm, 45 ACPissued
				caliber, or another caliber which is approved by the appropriate division
				director and the deputy secretary of enforcement/chief;
(2) shotgun, issue, 12 gauge;
(3) rifle, issue caliber .223/5.56mm,
				308/7.62mm, or other caliber authorized by the appropriate division director
				and the deputy secretary/chief.
(4)
				special team weapon.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 5 - STATE POLICE › Part 100 - STANDARD OF CONDUCT › Section 10.5.100.8 - STANDARD OF CONDUCT

Current through Register Vol. 35, No. 13, July 16, 2024
All employees are expected to adhere to the provisions of
				  this rule and are subject to such disciplinary action for violation of any of
				  these rules as deemed appropriate by the secretary of the department of public
				  safety.
A. Employees shall:
(1) obey all laws of the United States, or
				any state and local jurisdiction in which the employees are present;
(2) obey all rules and regulations, policies,
				procedures, directives and lawful orders issued by supervisors; and
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 5 - STATE POLICE › Part 200 - PERSONNEL › Section 10.5.200.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 29-2-1.1(G) NMSA 1978 defines the New Mexico state
				  police board as meaning the secretary of the department of public safety.
				  Section
				  29-2-4.1 NMSA
				  1978 directs the New Mexico state police board to promulgate rules and
				  regulations governing the employment and operating practices for employees of
				  the state police division.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 5 - STATE POLICE › Part 200 - PERSONNEL › Section 10.5.200.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 1, 1987, unless a later date is cited at the end of a
				  section or paragraph. Repromulgated in NMAC format effective December 31,
				  1998.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in
					 brackets.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 5 - STATE POLICE › Part 200 - PERSONNEL › Section 10.5.200.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 200 of Chapter 5 is to provide
				  standards for personnel practices within the state police division, as
				  authorized by the provisions of Section
				  29-2-4.1 NMSA
				  1978.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 5 - STATE POLICE › Part 200 - PERSONNEL › Section 10.5.200.8 - PERSONNEL

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Appointments:
All state police commissioned officers of the New Mexico
				state police shall be appointed by the dhief and the appointments ratified by
				the secretary.
(1) The appointment of
				commissioned officer personnel may commence after satisfactory completion of
				all phases of recruit training, statutory requirements and other requirements
				of the department as determined by the chief.
(a) All recruits, while attending recruit
				school, serve at the pleasure of the chief.
(b) The physical requirements of recruits are
				established by the state police training bureau subject to approval of the
				office of the chief.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 5 - STATE POLICE › Part 400 - VEHICLES AND EQUIPMENT › Section 10.5.400.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 29-2-1.1(G) NMSA 1978 defines the New Mexico state
				  police board as meaning the secretary of the department of public safety.
				  Section
				  29-2-4.1 NMSA
				  1978 directs the New Mexico state police board to promulgate rules and
				  regulations governing the employment and operating practices for employees of
				  the state police division.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 5 - STATE POLICE › Part 400 - VEHICLES AND EQUIPMENT › Section 10.5.400.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 400 of Chapter 5 is to provide
				  standards for the operation and handling of vehicles and equipment within the
				  state police division, as authorized by the provisions of Section
				  29-2-4.1 NMSA
				  1978.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 5 - STATE POLICE › Part 400 - VEHICLES AND EQUIPMENT › Section 10.5.400.8 - VEHICLES AND EQUIPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				All personnel will properly care for and use any state vehicles issued for
				their use and will also be acquainted with, and will follow established
				procedures dealing with the proper operation and care of automobiles.
B. The vehicle and all equipment will be kept
				orderly, accessible and clean.
C.
				All department vehicles will be used strictly for official business, except as
				specified in Paragraph (2) of Subsection C of 10.5.400.8 NMAC below.
(1) Permission must be obtained from the
				district/bureau commander in each instance in which unauthorized,
				non-departmental or non-police personnel are riding in police cars.
(a) This applies to both marked and unmarked
				units.
(b) Authorized personnel
				include those who are in contact with department personnel and must ride in the
				vehicles due to the nature of the department business.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 5 - STATE POLICE › Part 500 - ADJUDICATORY PROCEEDINGS FOR COMMISSIONED NEW MEXICO STATE POLICE OFFICERS PURSUANT TO NMSA 1978, SECTION 29-2-11C › Section 10.5.500.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Department of Public Safety - State Police
				  Division
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 5 - STATE POLICE › Part 500 - ADJUDICATORY PROCEEDINGS FOR COMMISSIONED NEW MEXICO STATE POLICE OFFICERS PURSUANT TO NMSA 1978, SECTION 29-2-11C › Section 10.5.500.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All officers of the state police division of the New Mexico
				  department of public safety holding a permanent commission.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 5 - STATE POLICE › Part 500 - ADJUDICATORY PROCEEDINGS FOR COMMISSIONED NEW MEXICO STATE POLICE OFFICERS PURSUANT TO NMSA 1978, SECTION 29-2-11C › Section 10.5.500.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 9-9-6 NMSA 1978 outlines the duties and general
				  powers of the secretary of the department of public safety which include the
				  power to make and adopt such reasonable procedural rules and regulations as may
				  be necessary to carry out the duties of the department and its divisions.
				  Section
				  29-2-1.1 G
				  defines the New Mexico state police board as meaning the secretary of the
				  department of public safety. Section
				  29-2-22
				  NMSA 1978 assigns authority to the New Mexico state police board, i.e., the
				  secretary of the department of public safety to promulgate rules and
				  regulations for the purpose of carrying out the provisions of Section
				  29-2-1
				  NMSA 1978 through Section
				  29-2-29
				  NMSA 1978. Section
				  29-2-4
				  specifically requires the New Mexico state police board, i.e., the secretary of
				  the department of public safety to promulgate rules and regulations governing
				  employment and operating practices and related matters for the employees of the
				  New Mexico state police. The New Mexico Administrative Procedures Act, Sections
				  12-8-1
				  through
				  12-8-25
				  provides for the adoption of an adjudicatory procedure as contemplated by
				  Section
				  29-2-11
				  C NMSA 1978.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 5 - STATE POLICE › Part 500 - ADJUDICATORY PROCEEDINGS FOR COMMISSIONED NEW MEXICO STATE POLICE OFFICERS PURSUANT TO NMSA 1978, SECTION 29-2-11C › Section 10.5.500.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 5 - STATE POLICE › Part 500 - ADJUDICATORY PROCEEDINGS FOR COMMISSIONED NEW MEXICO STATE POLICE OFFICERS PURSUANT TO NMSA 1978, SECTION 29-2-11C › Section 10.5.500.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 30, 2004, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 5 - STATE POLICE › Part 500 - ADJUDICATORY PROCEEDINGS FOR COMMISSIONED NEW MEXICO STATE POLICE OFFICERS PURSUANT TO NMSA 1978, SECTION 29-2-11C › Section 10.5.500.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to provide a procedure for a
				  full and fair adjudicatory hearing for a New Mexico state police officer
				  holding a permanent commission who is facing disciplinary action as
				  contemplated by Section
				  29-2-11
				  C NMSA 1978.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 5 - STATE POLICE › Part 500 - ADJUDICATORY PROCEEDINGS FOR COMMISSIONED NEW MEXICO STATE POLICE OFFICERS PURSUANT TO NMSA 1978, SECTION 29-2-11C › Section 10.5.500.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Commission"
means the public safety advisory commission.
B.
"Officer"
means a New Mexico
				state police officer holding a permanent commission facing disciplinary action
				involving removal from office, demotion, or suspension for more than thirty
				(30) days.
C.
"Parties"
means the department of public safety and the
				officer.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 5 - STATE POLICE › Part 500 - ADJUDICATORY PROCEEDINGS FOR COMMISSIONED NEW MEXICO STATE POLICE OFFICERS PURSUANT TO NMSA 1978, SECTION 29-2-11C › Section 10.5.500.8 - ADOPTION AND MODIFICATION OF SPECIFIC SECTIONS OF THE ADMINISTRATIVE PROCEDURES ACT, SECTIONS 12-8-1 THROUGH 12-8-25 NMSA 1978

Current through Register Vol. 35, No. 13, July 16, 2024
The secretary of the department of public safety adopts, as
				  modified, to comport with the purposes of Sections
				  29-2-11
				  C and
				  29-2-11
				  D, the following sections of the Administrative Procedures Act: Sections
				  12-8-1
				  B(1), (2) and (3); Sections
				  12-8-10
				  C and
				  12-8-10
				  D; Sections
				  12-8-11
				  through
				  12-8-16.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 5 - STATE POLICE › Part 500 - ADJUDICATORY PROCEEDINGS FOR COMMISSIONED NEW MEXICO STATE POLICE OFFICERS PURSUANT TO NMSA 1978, SECTION 29-2-11C › Section 10.5.500.9 - APPOINTMENT OF A HEARING OFFICER

Current through Register Vol. 35, No. 13, July 16, 2024
For the purpose of providing a New Mexico state police
				  officer subject to discipline as contemplated by Section
				  29-2-11
				  C NMSA 1978 with a timely hearing, the commission shall appoint an independent
				  hearing officer who is an attorney licensed to practice law in the state of New
				  Mexico to preside over the hearing pursuant to Section
				  29-2-11
				  C and these rules. The hearing officer's powers shall include administering
				  oaths or affirmations to witnesses called to testify, taking testimony,
				  examining witnesses, admitting or excluding evidence.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 5 - STATE POLICE › Part 500 - ADJUDICATORY PROCEEDINGS FOR COMMISSIONED NEW MEXICO STATE POLICE OFFICERS PURSUANT TO NMSA 1978, SECTION 29-2-11C › Section 10.5.500.10 - DISCOVERY DEADLINES

Current through Register Vol. 35, No. 13, July 16, 2024
The parties will submit a list of proposed witnesses,
				  together with the gist of testimony or the type of testimony expected to be
				  elicited from each witness. The parties shall likewise be required to submit a
				  list of exhibits it intends to introduce at the hearing. The parties shall
				  produce for examination or copying any exhibits the parties anticipate using at
				  the hearing. The witness and exhibit lists shall be made available to the
				  parties and submitted to the hearing officer. Other discovery or pretrial
				  conferences and procedures available in the district courts may be utilized
				  upon demand by any party. The hearing officer shall issue a pre-trial order
				  establishing discovery deadlines.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 5 - STATE POLICE › Part 500 - ADJUDICATORY PROCEEDINGS FOR COMMISSIONED NEW MEXICO STATE POLICE OFFICERS PURSUANT TO NMSA 1978, SECTION 29-2-11C › Section 10.5.500.11 - NOTICE

Current through Register Vol. 35, No. 13, July 16, 2024
In this proceeding, the parties shall be afforded an
				  opportunity for hearing after reasonable notice. The notice shall
				  include:
A. a statement of the time
				place and nature of the hearing;
B.
				a statement of the legal authority and jurisdiction under which the hearing is
				to be held; and
C. a short and
				plain statement of the matters of fact and law asserted so that all have
				sufficient notice of the issues involved to afford them reasonable opportunity
				to prepare; if the issues cannot be fully stated in advance, they shall be
				fully stated as soon as practicable; in all cases of delayed statement, or
				where subsequent amendment of the issues is necessary, sufficient time shall be
				allowed after full statement or amendment to afford all parties reasonable
				opportunity to prepare.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 5 - STATE POLICE › Part 500 - ADJUDICATORY PROCEEDINGS FOR COMMISSIONED NEW MEXICO STATE POLICE OFFICERS PURSUANT TO NMSA 1978, SECTION 29-2-11C › Section 10.5.500.12 - VENUE

Current through Register Vol. 35, No. 13, July 16, 2024
The hearings shall take place at the department of public
				  safety headquarters in Santa Fe, New Mexico or at such other location in Santa
				  Fe as the hearing officer may designate.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 5 - STATE POLICE › Part 500 - ADJUDICATORY PROCEEDINGS FOR COMMISSIONED NEW MEXICO STATE POLICE OFFICERS PURSUANT TO NMSA 1978, SECTION 29-2-11C › Section 10.5.500.13 - RECORD

Current through Register Vol. 35, No. 13, July 16, 2024
A. The record in a
				proceeding subject to this rule shall include:
(1) all pleadings, motions and intermediate
				rulings;
(2) evidence received or
				considered;
(3) a statement of
				matters officially noticed;
(4)
				questions, and offers of proof, objections and rulings thereon;
(5) proposed findings and conclusions;
				and
(6) any decision, opinion or
				report by the hearing officer conducting the hearing.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 5 - STATE POLICE › Part 500 - ADJUDICATORY PROCEEDINGS FOR COMMISSIONED NEW MEXICO STATE POLICE OFFICERS PURSUANT TO NMSA 1978, SECTION 29-2-11C › Section 10.5.500.14 - EVIDENCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. In this
				proceeding the rules of evidence shall be followed.
B. Irrelevant, immaterial or unduly
				repetitious evidence shall be excluded. When necessary to ascertain facts not
				reasonable susceptible to proof under the rules of evidence, evidence
				thereunder may be admitted, except where precluded by statute, if it is of type
				commonly relied upon by reasonably prudent men in the conduct of their affairs.
				The hearing officer shall give effect to the rules of privilege recognized by
				law. Objections to evidentiary offers shall be made and noted in the record.
				Subject to these requirements, when a hearing will be expedited and the
				interests of the parties will not be prejudiced substantially, any part of the
				evidence may be received in written form.
C. All evidence, including any records,
				investigation reports and documents in the possession of the department of
				public safety, which it relies upon as evidence in this hearing, shall be
				offered and made part of the record in the proceeding.
D. The parties may call and examine
				witnesses, introduce exhibits, cross-examine witnesses who testify and submit
				rebuttal evidence.
E. The officer
				subject to these proceedings has the right to be represented by counsel of his
				choice and at his own expense. Such counsel shall be an attorney licensed to
				practice law in the state of New Mexico.
F. If the officer who has requested a hearing
				does not appear and no continuance has been granted, the hearing officer may
				hear the evidence of the witnesses who appear, and then may proceed to consider
				the matter and dispose of it on the basis of the evidence before it and in the
				manner required by these rules. For good cause shown, the hearing officer may
				continue the hearing.
G. Where
				relief or procedure is not otherwise provided for in these rules, the rules of
				civil procedure and the rules of evidence may be utilized by the parties at any
				stage of the proceeding, and if refused by the hearing officer, then upon
				application to the First Judicial District Court for the entry of an order
				providing for such relief or procedure.
H. Prior to each initial or tentative
				decision, the parties shall be allowed a reasonable opportunity to submit
				briefs for the consideration of the hearing officer.
I. The record shall include all briefs,
				proposed findings and exceptions and shall show the ruling upon each finding,
				exception or conclusion presented. All decisions at any stage of the proceeding
				become part of the record and shall include a statement of findings of fact and
				conclusions of law, as well as the reasons or basis therefore, upon all
				material issues of fact, law or discretion involved, together with the
				appropriate rule, order, sanction, relief or denial thereof.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 5 - STATE POLICE › Part 500 - ADJUDICATORY PROCEEDINGS FOR COMMISSIONED NEW MEXICO STATE POLICE OFFICERS PURSUANT TO NMSA 1978, SECTION 29-2-11C › Section 10.5.500.16 - EX PARTE COMMUNICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
No party or representative of a party or any other person
				  shall communicate with any commission member or counsel for the commission or
				  hearing officer who participates in making the decision in any proceeding under
				  this part unless a copy of the communication is sent to all parties to the
				  proceeding.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 5 - STATE POLICE › Part 500 - ADJUDICATORY PROCEEDINGS FOR COMMISSIONED NEW MEXICO STATE POLICE OFFICERS PURSUANT TO NMSA 1978, SECTION 29-2-11C › Section 10.5.500.17 - DECISION

Current through Register Vol. 35, No. 13, July 16, 2024
The hearing officer shall prepare and submit to the
				  commission a summary of evidence taken at the hearing, proposed finding
				  findings of fact and conclusions of law, separately stated. The sole issue to
				  be decided by the commission conducted pursuant to these rules and Section
				  29-2-11
				  C is whether, by a preponderance of the evidence, just cause exists to support
				  the action proposed by the department.
A. If the commission finds the action
				proposed by the department is supported by just cause, the commission shall
				adopt and enter findings of fact and conclusions of law submitted by the
				hearing officer in its determination and these findings of fact and conclusions
				of law shall form the final decision.
B. If the commission finds the action
				proposed by the department is without just cause, the commission shall enter
				findings of fact and conclusions of law to support its determination in the
				form of a final decision. In the event that a final decision of the commission
				that just cause did not exist to support the action taken by the department the
				commission may also make recommendations to the secretary of the department of
				public safety as to what, if any, discipline would be supported by the
				evidence. If the secretary agrees with the recommendation of the commission he
				may so notify them and they shall enter such findings of fact and conclusions
				of law to support their recommended discipline and a final order imposing the
				discipline.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 5 - STATE POLICE › Part 500 - ADJUDICATORY PROCEEDINGS FOR COMMISSIONED NEW MEXICO STATE POLICE OFFICERS PURSUANT TO NMSA 1978, SECTION 29-2-11C › Section 10.5.500.18 - PETITION FOR JUDICIAL REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
An officer subject to discipline under this part and Section
				  29-2-11
				  C may appeal the final decision to the first judicial district court pursuant
				  to Section 39-3.1.1 NMSA 1978.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 6 - LOCAL GOVERNMENT LAW ENFORCEMENT AGENCIES › Part 2 - ENHANCED 911 REQUIREMENTS › Section 10.6.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is promulgated pursuant to the authority granted in
				  Section
				  63-9D-8.1
				  NMSA 1978 and is deemed necessary to carry out the provisions of the Enhanced
				  911 Act, Sections
				  63-9D-1
etseq.
NMSA 1978.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 6 - LOCAL GOVERNMENT LAW ENFORCEMENT AGENCIES › Part 2 - ENHANCED 911 REQUIREMENTS › Section 10.6.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
May 15, 2006, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 6 - LOCAL GOVERNMENT LAW ENFORCEMENT AGENCIES › Part 2 - ENHANCED 911 REQUIREMENTS › Section 10.6.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 2, Chapter 6 is to carry out the
				  provisions of the Enhanced 911 Act. These rules and regulations are designed to
				  assist in the development, operation and maintenance of a reliable, uniform
				  E911 system. This act establishes a program to provide for the purchase, lease,
				  installation and maintenance of E911equipment, telecommunicator training,
				  database preparation, database updates, compliance with federal communications
				  commission (FCC) requirements for phase I and phase II wireless E911 service,
				  and E911 network costs as necessary for an E911 system.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 6 - LOCAL GOVERNMENT LAW ENFORCEMENT AGENCIES › Part 2 - ENHANCED 911 REQUIREMENTS › Section 10.6.2.8 - INTRODUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. In New Mexico,
				the responsibility and authority for delivering emergency medical services,
				public fire protection, and law enforcement generally rests with the state,
				counties, and municipalities. This is true even when supplemental services are
				performed by others, such as private ambulance companies or independent public
				authorities and non-profit organizations with limited internal fire protection
				and security forces.
B. An E911
				telephone emergency system provides:
(1)
				expansion of the capabilities of the basic 911 emergency telephone
				number;
(2) faster response time,
				which minimizes the loss of life and property;
(3) automatic routing to the appropriate
				public safety answering point;
(4)
				immediate visual display of the telephone number, name, and address or location
				of the calling party; and
(5)
				identifies callers, curtailing abuse of the emergency system.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 6 - LOCAL GOVERNMENT LAW ENFORCEMENT AGENCIES › Part 2 - ENHANCED 911 REQUIREMENTS › Section 10.6.2.9 - GUIDELINES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Guidelines for
				basic and E911 service, system, equipment and network design and maintenance
				shall be established by the division following the best nationally accepted
				concepts and operating practices.
B. E911 call information shall follow the
				national NENA standards.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 6 - LOCAL GOVERNMENT LAW ENFORCEMENT AGENCIES › Part 2 - ENHANCED 911 REQUIREMENTS › Section 10.6.2.12 - REVIEW AND APPROVAL PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. After requesting enhanced 911 service from
				a telecommunications company or CMRS, a local governing body, acting as the
				fiscal agent for a PSAP, may by ordinance or resolution, recover from the fund
				an amount necessary to recover the approved costs of providing the enhanced 911
				system in its designated 911 service area.
B. The PSAP and its fiscal agent make a
				formal written request to the E911 program manager at the division for funding
				assistance in upgrading their current equipment or adding new equipment to meet
				new PSAP responsibilities or other eligible costs.
C. If applicable, a project manager from the
				division will make a site visit to the PSAP to determine the need and funding
				eligibility for the requested equipment and its conformance with advancing
				short or long-term policy to consolidate PSAPs.
D. If after discussions with the PSAP manager
				and his/her clients, the division believes the request has merit, is eligible
				for funding, and is consistent with PSAP consolidation policy, the PSAP in
				conjunction with the division will request price proposals from appropriate
				state price agreement vendors. The division promotes the consolidation of PSAPs
				and discussions will be held with all participants to determine the feasibility
				of consolidation. Discussion items will consist of the following:
(1) age and useful life remaining of existing
				equipment;
(2) estimated
				maintenance costs of continued use of existing equipment;
(3) equipment manufacturer's commitment to
				continued maintenance support of the existing equipment;
(4) continued use of analog technology vs.
				updating to digital technology;
(5)
				potential impact of wireless E911 implementation on PSAP and its continued use
				of existing equipment;
(6) PSAP
				vendors and telephone companies' readiness to install equipment;
(7) desire of PSAPs and their clients to
				consolidate all PSAP / dispatch functions at that time; and,
(8) the municipal and county governments'
				ability to fund supporting infrastructure for a consolidated PSAP.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 6 - LOCAL GOVERNMENT LAW ENFORCEMENT AGENCIES › Part 2 - ENHANCED 911 REQUIREMENTS › Section 10.6.2.13 - GEOGRAPHIC INFORMATION SYSTEMS (GIS) STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
In order to ensure that road centerline shapefiles can be
				  effectively used and integrated at a statewide level, standards are needed for
				  attribute data consistency and the development of spatial data by entities
				  creating them with geographic information systems (GIS). Pursuant to
				  63-9D-4
				  NMSA 1978,a local governing body in an enhanced 911 service area shall provide
				  GIS addressing and digital mapping to the PSAP that provides enhanced 911
				  service to the local governing body, as follows:
A. The attribution data content shall be
				derived from standards established by the national emergency number association
				(NENA). The attribution data format and structure is also based on, but not
				identical to, NENA standards.
B.
				The datum for geographic data shall be North American Datum 1983 (NAD 83) and
				the data shall be in a New Mexico state plane or universal transverse mercator
				(zone 12 or 13) projection. The geographic data shall be spatially complete for
				each GIS entity's defined area of responsibility, but must not extend past
				their geographic area of responsibility. Additionally, any road feature that
				extends beyond one entity's geographic area of responsibility shall align with
				the same feature maintained by the adjacent entity.
C. Spatial accuracy of geographic features is
				required to be such that they are representative of the actual feature at a
				scale of 1:5000. All geographic features shall have clean topology and shall be
				able to be utilized to form a statewide road network with connectivity. All
				attribution and geographic data shall be kept current through regular
				maintenance.
D. To ensure accurate
				dispatch call mapping, attribute data associated with GIS data shall be
				synchronized with MSAG and ALI data. This attribute data includes all
				components of road name and address ranges. Road name designations, including
				spelling, directional use, suffix types and abbreviations, shall match the road
				name values used in the MSAG. Road ranges in the GIS shall match or be included
				in road ranges in the MSAG.
E. The
				PSAP shall update the MSAG within 10 working days to reflect changes in
				addressing and mapping.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 6 - LOCAL GOVERNMENT LAW ENFORCEMENT AGENCIES › Part 2 - ENHANCED 911 REQUIREMENTS › Section 10.6.2.14 - PLANNING AND IMPLEMENTATION OF ENHANCED WIRELESS SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. E911 service to include phase I and phase
				II wireless shall be provided to the entire telecommunication company(s)
				service area(s) and should be implemented on a countywide or regional
				basis.
B. Where a telecommunication
				company's local exchange area extends into or encompasses two or more E911
				service areas, the wireless working group (WWG) shall be responsible for
				initiating and establishing E911 wireless service areas.
C. The division shall have final approval
				authority after the PSAP and the telecommunication company identifies the need
				for selective routing and the associated network through which all calls for
				service are to be processed. The WWG through the division shall have final
				authority over the selective routing of the wireless vender coverage
				areas.
D. If the grantee, the E911
				coordinator or the MSAG coordinator(s) requests a MSAG and/or a copy of the
				telecommunication company's "old-to-new" records in either printed or
				electronic format the telecommunication company shall comply within 20 working
				days.
E. When the MSAG and ALI have
				been completed and loaded onto the database, they shall be jointly owned by the
				PSAP and the telecommunications company.
F. The telecommunications company shall
				provide an updated MSAG to the PSAP upon installation completion and thereafter
				as requested by the PSAP.
G. The
				data management system and selective routing database shall be updated by the
				telecommunication's company within 48 hours of completion of a service order by
				the telecommunications company.
H.
				The division shall have final approval authority of the addressing system, and
				GIS system used to develop the database adequate to support E911 and E911
				wireless services.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 6 - LOCAL GOVERNMENT LAW ENFORCEMENT AGENCIES › Part 2 - ENHANCED 911 REQUIREMENTS › Section 10.6.2.15 - PSAP CONSOLIDATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The division requires that municipal and county public safety answering points
				(PSAPs) within their contiguous county boundaries consolidate their 911 call
				answering and radio dispatch functions within one consolidated PSAP in the
				county. Only the consolidated PSAP in the county may apply for and receive
				funding for E911 equipment, equipment maintenance, training reimbursement,
				trunk and ALI lines; and E911 call taking and mapping equipment from the E911
				fund for phase I and phase II enhanced wireless service.
B. Albuquerque police department PSAP and
				Bernalillo county's PSAP are excluded from 10.6.2.15 NMAC due to the large
				population served. The department of public safety district PSAPs; and native
				American pueblos and tribal police and also excluded from 10.6.2.15
				NMAC.
C. Exceptions to 10.6.2.15
				NMAC may be requested in writing with full justification to the division.
(1) Justification shall include cost
				considerations, population served, and proximity to the PSAP's back-up
				PSAP.
(2) The division's decision
				on granting an exception to 10.6.2.15 NMAC is final and not
				appealable.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 6 - LOCAL GOVERNMENT LAW ENFORCEMENT AGENCIES › Part 2 - ENHANCED 911 REQUIREMENTS › Section 10.6.2.16 - TELECOMMUNICATOR / DISPATCHER TRAINING

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to Section
				  63-9D-4
				  A NMSA 1978, the local governing body shall require the PSAP to employ properly
				  trained staff pursuant to the Public Safety Telecommunication Training Act.
				  Telecommunicators and dispatchers will be certified for two years and
				  recertified for two-year intervals after that. In order to maintain
				  certification, 20 hours of specified training will be required in each two-year
				  interval. Course requirements needed for recertification are listed in 10.29.7
				  NMAC. Each PSAP manager or supervisor will appoint in writing a training
				  officer. The training officer's name, duty phone number, and email address will
				  be forward to the division, and resubmitted whenever the training officer is
				  replaced. The training officer will be responsible for the following:
A. development of PSAP policies and
				procedures for ensuring every telecommunicator and dispatcher receives the
				required training;
B. keeping
				accurate written records on each individual's training; and
C. submitting, through the PSAP manager or
				supervisor, semi-annual reports in June and January to the division on the
				PSAP's training progress to include; number of telecommunicators and
				dispatchers trained, and the courses completed by each individual; and type and
				amount of training yet to be completed, and any problems encountered in meeting
				the training requirements of 10.29.7 NMAC; for information on training
				reimbursement see Subsection E of 10.6.2.11 NMAC.