Adjudication Division
The Adjudication Division (Division) is responsible for conducting administrative hearings for appeals filed by state employees concerning disciplinary action taken against them by an agency. In addition, the Division is responsible for hearing separation appeals, as well as complaints against Workers’ Compensation Judges.
The Administrative Law Judge (ALJ) conducts administrative hearings that allow the employee and the agency to present evidence relating to disciplines, separations, or complaints against Workers’ Compensation Judges.
After a hearing on the merits occurs, the ALJ prepares a recommended decision that is submitted to the State Personnel Board (Board) for review. The Board then issues a Final Decision.
Administrative Law Judges [1]
The ALJ’s are employed by the State Personnel Office (SPO) to preside over disciplinary and separation appeal hearings and complaints regarding Workers’ Compensation Judges.
The ALJ provides an unbiased and neutral forum in which to hear evidence and ultimately draft a recommended decision for the Board. To ensure that a fair hearing process is followed, no party may communicate with the ALJ regarding the details of the appeal unless both parties are present.
The Personnel Act
The Personnel Act [Section 10-9-1 to 10-9-25, NMSA 1978] requires the SPO to promulgate rules and provide a “dismissal or demotion procedure for employees in the service”, as well as a procedure for appeals of disciplinary action to the Board.
Classified employees who have met their probationary period [NMAC 7.2.8.1] and have been demoted, dismissed, suspended, or separated by a state agency have the right to appeal the disciplinary action or separation to the Board for a public hearing. Complaints against Workers’ Compensation Judges are also presented for hearing [NMAC 1.7.12.25].
As of June 2009, employees covered by a collective bargaining agreement are given the option of choosing to have their disciplinary appeal decided by an arbitrator.
[1] Note: NMAC 1.7.12 refers to the Administrative Law Judges as Hearing Officers.