N.M. Admin. Code § 10.12.12.23

Current through Register Vol. 36, No. 1, January 14, 2025

Section 10.12.12.23 - REINSTATEMENT

A. The board may order the department to reinstate appellants with back pay and benefits. Such appellants shall be reinstated to their former position, or to a position of like status and pay, that they occupied at the time of the disciplinary actions.

B. In the event the board's order includes any back pay, the appellant shall provide the department with a sworn statement of gross earnings, unemployment compensation, and any other earnings, including but not limited to disability benefits received by the appellant since the effective date of the disciplinary action. The department shall be entitled to offset earnings, unemployment compensation and any other earnings received during the period covered by the back pay award against the back pay due. The chairperson shall retain jurisdiction of the case for the purpose of resolving any disputes regarding back pay.

Adopted by New Mexico Register, Volume XXVI, Issue 13, July 15, 2015, eff. 7/1/2015