• Follow
  • Follow
  • Follow
  • Follow
  • Home
  • About Us
    • About Us
    • SPO A-Z
    • Director
    • General Memorandums
    • Interpretive Memorandums
    • COVID-19 Guidance for Employees
  • State Personnel Board
    • Board Meetings
    • NMAC Rules
    • Personnel Act
    • Rulemaking
  • Job Opportunities
    • Job Opportunities
    • Internship Opportunities
    • Application Guide & FAQ
  • Compensation & Classification
    • About Compensation and Classification
    • Classification Resources
      • Classification Descriptors
      • Annual Classification Plans
    • Compensation Resources
      • Total Compensation
      • Salary Schedules
      • Quarterly Workforce Reports
      • Annual Compensation Reports
      • Compensation Increase Instructions
      • FLSA and Overtime Resources
      • Compensation Forms
      • Classifications and Pay Listing
      • Compensation Pay Mechanisms
    • FY09 Union Lawsuit Information (Updated September 18, 2018 AM)
  • Labor Relations
    • About Labor Relations
    • Labor Relations
      Resources
      • Public Employee Labor Relations Board Rules
      • Public Employee Bargaining Act
      • Bargaining Unit Letter of Reprimand
      • CWA CBA Change Training
    • Labor Training Schedule
      • Overview
      • Course Descriptions
    • AFSCME
      • American Federation of State County and Municipal Employees (AFSCME) CBA
      • AFSCME Union Time Form
      • AFSCME LOR Removal Request Form
      • MOU AFSCME Article 12 Section 1 (C)
      • MOU AFSCME Effects of Rescission of Non-Mandatory Telework Policy
    • CWA
      • Communications Workers of America (CWA) CBA
      • CWA 2021 Official Union Time Form
      • MOU CWA Article 2 Section 15
      • MOU CWA Article 25 Section 1
      • MOU CWA Article 18 Section 8
  • Adjudication
    • Introduction
    • Adjudication Process
    • Adjudication Flow Chart
    • Alternative Dispute Resolution at SPO
      • Alternative Dispute Resolution Introduction
      • Alternative Dispute Resolution Voluntary Program
    • Disciplinary Appeal Forms
  • Training
    • Training
    • Training Calendar
    • ELM Tutorials
      • How to log into ELM
      • How to find and enroll in a course
      • How to get course handouts
      • How to drop a class
      • How to get download or print course certificates
    • Courses for State Employees
      • E-Learning Courses
      • Instructor Led Courses
      • External Trainings
    • Learning Tracks
      • Career Success Foundations Series
      • Professional Growth and Advancement Series
      • Essentials of Supervision and Management Program
      • Communication and Conflict Resolution Skills Series
      • Workplace Wellbeing Series
  • Diversity & Inclusion
    • Events and Training
    • Equal Employment Opportunity
    • LGBTQ Resources
  • Contact Us

quick links

9

About Adjudication

9

Adjudication Process

9

Adjudication Flow Chart

9

Intro to Alternative Dispute Resolution

9

Alternative Dispute Resolution Program

9

Disciplinary Appeal Forms

About the Adjudication Bureau

The Adjudication Bureau is responsible for conducting administrative hearings on appeals filed by state employees concerning disciplinary action taken against them, by their employer. The 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 for review and final decision making by the Board.

Hearing Officers

The Board may itself hear an appeal of disciplinary action, but usually the Board designates an administrative law judge (ALJ or hearing officer) employed by SPO to preside over a disciplinary appeal hearing.

The hearing officer provides an unbiased and neutral forum to hear and decide the employee’s appeal. The 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 ask for the disqualification of a 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 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 [1 NMAC 7.2.8.1] and have either been demoted, dismissed, or suspended 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.

SPO IT

© 2022 New Mexico State Personnel Office

0
We use cookies to optimize our website and our service.
Functional Always active
The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
Preferences
The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
Statistics
The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
Marketing
The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
Manage options Manage services Manage vendors Read more about these purposes
Preferences
{title} {title} {title}