N.M. Admin. Code § 11.4.5.12

Current through Register Vol. 35, No. 21, November 5, 2024

Section 11.4.5.12 - ADMINISTRATIVE ENFORCEMENT PROCEEDINGS BEFORE THE DIRECTOR

For every case not referred to a workers' compensation judge and upon the filing of the notice of administrative enforcement proceedings and finding of probable cause:

A.Summons: A summons shall be issued by the clerk, directed to the alleged violator and must contain:

(1) The name and street address of the WCA, the docket number of the case and the name of the person(s) or entity the summons is directed to;

(2) A direction that the alleged violator shall appear before the director or director's designee in the manner prescribed by the summons, to respond to the charges;

(3) the time and place of the hearing, including video conference and telephone information if appropriate;

(4) A notice that unless the alleged violator appears as directed, the maximum proposed penalty may be imposed; and

(5) The name, address, telephone number and e-mail address of the prosecuting attorney for the enforcement bureau.

B.Service of the summons:

(1) The summons shall be served by any means listed in Rule 1-004 NMR Civ. P. Dist. Ct. unless the director orders service by other manner reasonably calculated to apprise the alleged violator of the existence and pendency of the action.

(2) Service of the summons shall be completed no less than 15 days before the date the alleged violator is scheduled to appear for a hearing on the violation.

(3) The summons shall be served with endorsed copies of the notice of administrative enforcement proceeding and the director's finding of probable cause and notice of proposed penalty.

C.Service of papers:

(1) Unless the director orders otherwise, every pleading subsequent to the service of the summons shall be served on the violator and filed with the clerk.

(2) When a party is represented by an attorney, service shall be made upon the attorney.

(3) Service shall be made either by mailing a copy by first class mail with proper postage or by handing a copy to the attorney or to the party, unless the director orders service by other means.

N.M. Admin. Code § 11.4.5.12

6/1/96; Recompiled 11/30/01, Adopted by New Mexico Register, Volume XXV, Issue 18, September 30, 2014, eff. 10/1/2014, Amended by New Mexico Register, Volume XXXIII, Issue 24, December 27, 2022, eff. 1/1/2023