N.M. Admin. Code § 1.7.12.8 - FILING AN APPEAL
A. Employees
who have completed the probationary period as required by
Subsection A of
1.7.2.8 NMAC and
have been demoted, dismissed, or suspended have the right to appeal to the
board for a public hearing before a hearing officer designated by the
board.
B. A notice of appeal must
be in writing and filed with the 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 filed within 30 calendar days shall
be dismissed by the hearing officer for lack of jurisdiction.
C. Within fifteen 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, the hearing officer shall submit a recommended decision to the board
which shall contain a summary of the evidence and findings of fact and
conclusions of law. The board, at a regularly scheduled meeting, shall then
issue a final decision.
D. Upon
acceptance of a notice of appeal, the hearing officer shall send the agency a
copy of the notice of appeal and issue a scheduling order directing the
parties, in part, to submit to the hearing officer 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 filing of motions; a deadline for requesting subpoenas; and
whether the parties agree to participate in voluntary alternative dispute
resolution.
(1) The hearing officer 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.
Notes
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