N.M. Code R. § 4.51.57.15

Current through Register Vol. 35, No. 11, June 11, 2024

Section 4.51.57.15 - RULE VIOLATIONS

A. Disciplines. The portal committee, duty officer, and coordinator shall consider the circumstances surrounding a reported rule violation, such as the severity of the violation, the number of times the violation has occurred, and any previous violations, to determine the appropriate discipline. If the coordinator determines that a violation of these rules likely occurred, the coordinator shall issue a verbal warning, written reprimand, or notice of contemplated suspension or termination from the program portal committee.

(1) If the coordinator issues a written reprimand to a participant, the participant may respond in writing and the coordinator shall retain that response in the participant's file.

(2) If the coordinator issues a written notice of contemplated suspension or termination from the program, or removal from the portal committee, the coordinator shall mail a copy to the participant's address on file or hand deliver the notice to the participant. The notice shall document the contemplated penalty; the effective date(s); the conduct or other basis for the disciplinary action; reference to the relevant provision of these rules; any previous incidents or efforts to inform the participant of the need for change or improvement; and the process and time limitations for presenting exculpatory evidence or mitigating circumstances.

(3) A participant may present exculpatory evidence or mitigating circumstances during the portal committee's next meeting. The coordinator shall make a record of the meeting in the form of an audio recording, transcript, or neutral third-party report.

(4) After the meeting, the portal committee may determine a participant's suspension or termination from the program or a portal committee member's removal from the portal committee.

(5) If the portal committee suspends or terminates a participant from the program or removes a portal committee member from the portal committee, the coordinator shall issue written notice of the penalty by mailing a copy to the participant's address on file or hand delivering the notice to the participant, along with written findings of fact, and the process and time limitations for appealing the discipline.

(6) Written notices of verbal warnings, reprimands, or suspensions shall remain in a participant's file indefinitely, subject to records retention requirements. Termination notices shall remain in a participant's file indefinitely, subject to records retention requirements.

B. Penalty guidelines.

(1) Minor offenses. Minor offenses may be determined by the portal committee and may sometimes warrant a verbal and/or written warning that may be placed in a participants file. Resolution will be sought to deter the participant from repeating an offense.

(2) When determining whether an offense may be classified by degree (minor, moderate, serious), the portal committee will consider such things as frequency of occurrence, authenticity matters, harassment and any relevant issues which may assist in classifying an offense.

(3) Each participant found to have committed any violation will be extended every courtesy of respect while the portal committee examines every available fact. A just and fair examination will be performed protecting each individual's right to due process.

(4) Criminal activities under the portal may be grounds for immediate termination.

C. Appeals. Any participant who is aggrieved by a suspension or termination from the program or removal from the portal committee may appeal the penalty to the director. Upon an appeal under this section, the director may enforce or alter penalties issued by the coordinator.

(1) A participant shall have 10 calendar days from the date of the issued notice of discipline to appeal that discipline in writing. All appeals shall clearly and concisely explain why the imposed discipline is inappropriate. The coordinator shall place a copy of the notice and the participant's appeal, if any, in the participant's file.

(2) Suspensions or terminations from the program shall not begin until the participant's appeal has been acted upon by the director.

(3) The director shall review the portal committee's recommendation along with the participant's appeal and file before accepting, rejecting, or altering the portal committee's recommendation.

(4) A participant may appeal the director's decision in writing to the secretary of the department of cultural affairs within 10-calendar days; the secretary has discretionary review, meaning the secretary does not have to review the matter. The secretary's review shall be limited to the findings of fact and other parts of the record developed as directed in 4.51.57.15 NMAC. The secretary's decision not to review the matter or to deny the appeal is the department of cultural affairs' final action on the matter.

(5) Nothing in these rules shall eliminate the right of the division to immediately suspend a participant in cases in which a participant poses a threat to the safety of others.

N.M. Code R. § 4.51.57.15

07/13/95; 4.51.57.15 NMAC - Rn, MNM: Rule 57, Section 7, 9/15/08, Adopted by New Mexico Register, Volume XXIX, Issue 24, December 27, 2018, eff. 12/27/2018