N.M. Admin. Code § 10.12.12.8

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

Section 10.12.12.8 - FILING AN APPEAL

A. Employees who have completed the probationary period as required by Subsection A of 10.12.2.8 NMAC and have been demoted, dismissed, or suspended have the right to appeal to the discipline review board at a public hearing.

B. A notice of appeal must be in writing and fled with the human resource director no later than 30 calendar days from the effective date of the dismissal, demotion, or suspension. A copy of the notice of final action and a statement of the grounds for the appeal must accompany the notice of appeal. Appeals not fled within 30 calendar days shall be dismissed by the human resource director for lack of jurisdiction.

C. Within 15 days from the date of dismissal, an appellant may request a hearing in which to present evidence challenging a dismissal for lack of jurisdiction. If a hearing on the dismissal is held, human resource director shall submit a recommended decision to the deputy chief which shall contain a summary of the evidence and fndings of fact and conclusions of law. The deputy chief shall then issue a final decision.

D. Upon acceptance of a notice of appeal, the chief shall appoint a district defender to serve as the chairperson of the disciplinary review board. The chairperson shall issue a scheduling order directing the parties, in part, to submit to the chairperson a stipulated pre-hearing order for his/ her approval, which shall contain at least: a statement of any contested facts and issues; proposed stipulation of those facts not in dispute; the relief or remedy requested by the appellant; a deadline for disclosure of all probable witnesses with a brief summary of their anticipated testimony and documentary evidence; a list of exhibits; a deadline for the completion of discovery and fling of motions; a deadline for requesting subpoenas; and whether the parties agree to participate in voluntary alternative dispute resolution.

(1) The chairperson may further revise the pre-hearing order.

(2) Any discussion concerning possible settlement of an appeal shall not be a part of the pre-hearing order and may not be introduced at the hearing.

N.M. Admin. Code § 10.12.12.8

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