Adjudication Division

The Adjudication Division is responsible for conducting administrative hearings on appeals filed by state employees concerning disciplinary action taken against them, by their employer. The Adminstrative Law Judge (ALJ) and/or Hearing Officer conducts administrative hearings that allow the employee and the employee’s agency to present evidence relating to the discipline and appeal. The Hearing Officer prepares a recommended decision that is submitted to the State Personnel Board and the board makes a final decision.

Adminstrative Law Judges & Hearing Officers

The Administrative Law Judges (ALJ) and/or Hearing Officers are employee by SPO to preside over disciplinary appeal hearings.

The ALJ/Hearing Officer provides an unbiased and neutral forum to hear and decide the employee’s appeal. The ALJ/Hearing Officer shall not participate in any adjudicatory proceeding if he or she cannot afford a fair and impartial hearing.

The parties to an appeal may move for the disqualification of an ALJ/Hearing Officer by filing an affidavit of disqualification stating the particular grounds for disqualification. In order to ensure a fair hearing process is followed, no party may communicate with the ALJ/Hearing Officer concerning the details of the case unless both parties are present.

The Personnel Act

The Personnel Act [Section 10-9-1 to 10-9-25, NMSA 1978] requires the State Personnel Office (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 State Personnel Board (Board).

Classified employees who have met their probationary period [NMAC 7.2.8.1] and have been demoted, dismissed, suspended, or seperated by a state agency have a right to appeal the disciplinary action to the Board for a public hearing.

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.