N.M. Admin. Code § 11.5.1.26

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

Section 11.5.1.26 - INFORMAL CONFERENCE

At the request of an employer, affected employee, or representative of employees, the chief or the chief's designee, may hold an informal conference for the purpose of discussing any issues raised by an inspection, citation, proposed penalty, proposed petition for modification of abatement date or proposed petition for variance. When the conference is requested by the employer, an affected employee or representative shall be afforded an opportunity to participate, at the discretion of the chief or chief's designee. When the conference is requested by an employee or representative of employees, the employer shall be afforded an opportunity to participate, at the discretion of the chief or chief's designee.

A. The request for an informal conference and the informal conference meeting shall not extend or modify in any manner:

(1) an abatement date established in the citation;

(2) the filing deadline for an employer to file a notice of contest;

(3) any other filing deadline related to the citation; or

(4) any matter that is pending before the bureau.

B. Once an employer files a notice of contest, a petition for modification of the abatement date, a request for a commission hearing, a petition for variance, or other filing with the commission or department, the informal conference opportunity ends.

C. The settlement of any issue at the informal conference shall be subject to the commission's settlement procedural rules set forth in 11.5.5.503 NMAC.

N.M. Admin. Code § 11.5.1.26

11.5.1.26 NMAC - N, 10/30/2008