N.M. Admin. Code § 11.5.5.701

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

Section 11.5.5.701 - SCHEDULING OF HEARING

A. Time limitations: Hearings shall be scheduled within the following time limits:

(1) Any hearing on a motion or settlement agreement shall be scheduled as promptly as feasible.

(2) Any hearing on the merits shall be scheduled to commence on a date within thirty (30) days after filing of the answer or request for hearing, as applicable.

B. Location of hearings: The location of the hearing shall be as directed by the commission or the hearing officer. Specification of a location in the hearing notice shall be sufficient evidence of the direction of the commission or the hearing officer, without the necessity of a separate written order.

C. Notice of hearing:

(1) The commission secretary shall issue a notice of hearing and serve a conformed copy upon each party, at least ten (10) days in advance of the hearing.

(2) With the notice of hearing served upon the respondent in a case initiated by a notice of contest, or the petitioner in a case initiated by a petition for modification of abatement period, the commission secretary shall include:

(a) a form for the notice to affected employees (pendency of hearing) (Section 1007) [now 11.5.5.1007 NMAC] which the responsible employer may complete as appropriate;

(b) a form for the affidavit of posting (Section 1009) [now 11.5.5.1009 NMAC], including a certificate of service (Section 1001) [now 11.5.5.1001 NMAC], which the responsible employer may complete as appropriate; and

(c) a brief explanation of how the forms should be completed and either posted, or served and filed, as applicable.

D. Employee notification requirements:

(1) At least five (5) days prior to the date of any hearing, except as provided in Paragraph 2 of this Subsection, the respondent in a case initiated by a notice of contest or the petitioner in a case initiated by a petition for modification of abatement period shall post, at one or more locations reasonably accessible to the affected employees, a notice to affected employees (pendency of hearing) as illustrated in Section 1007 [now 11.5.5.1007 NMAC]. Such notice shall remain posted until the earlier of the following events:

(a) the date of the hearing; or

(b) receipt by the respondent in a case initiated by a notice of contest, or the petitioner in a case initiated by a petition for modification of abatement period, of a notice of rescheduled hearing, at which time the notice shall be replaced with a new notice informing the affected employees of the rescheduled date.

(2) Posting of the notice specified in Paragraph 1 of this Subsection is not required if, at the time posting otherwise would be required:

(a) the case was initiated by a notice of contest and the responsible employer has no affected employees; or

(b) the case was initiated by a petition for modification of abatement period filed by an affected employee, and the responsible employer has no other affected employees.

(3) The person responsible for posting the notice specified in Paragraph 1 of this Subsection shall file with the commission secretary, within five (5) days after posting or by the date of the hearing, whichever is earlier:

(a) an affidavit of posting, in the format illustrated in Section 1009 [now 11.5.5.1009 NMAC], attesting to posting of the notice specified in Paragraph 1 of this Subsection; or

(b) under the circumstances specified in Paragraph 2 of this Subsection, an affidavit of explanation for non-posting.

N.M. Admin. Code § 11.5.5.701

9/30/76, 4/25/78, 1/1/83, 1/1/94, 10/1/94, 1/1/96; Recompiled 11/30/01