N.M. Admin. Code § 1.7.12.9 - AGENCY WITHDRAWAL OF DISCIPLINE
A. An agency may withdraw a completed
disciplinary action prior to commencement of a personnel board appeals hearing
so long as the appellant is fully restored to pre-disciplinary status insofar
as employment, back pay and benefits are concerned.
B. Upon agency withdrawal of a disciplinary
action, the hearing officer may dismiss the appeal without prejudice to the
agency, which may reinitiate disciplinary action.
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