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Notice of Rulemaking

The New Mexico Department of Workforce Solutions (“Department”) hereby gives notice that the Department will conduct a public hearing in the auditorium of the State Personnel Office located at 2600 Cerrillos Road, Santa Fe, New Mexico on October 2, 2018 from 9:00 am to 11:00 am.  The purpose of the public hearing will be to obtain input and public comment on the repeal of the current NMAC 11.3.300 which will be replaced with an updated version of NMAC  11.3.300.

Under NMSA 1978, §9-26-4, the Workforce Solutions Department is responsible for the administration of the workforce technology division and the workforce transition services division.  The Department is therefore responsible for the administration of the Unemployment Compensation Law pursuant to NMSA 1978 §51-1-1 et seq.  

The proposed rules align the Department’s procedures with New Mexico statutes and Department of Labor regulations, including the implementation of a prohibition of non-chargeability on employers for failure to respond timely or adequately to Department inquiries regarding claimant eligibility.  The Department also clarified procedures and definitions from the former version of the rules and removed procedures which are no longer in effect. 

Interested individuals may testify at the public hearing or submit written comments to State of New Mexico Department of Workforce Solutions, 401 Broadway NE, P.O. Box 1928, Albuquerque, N.M., 87103, attention Andrea Christman.   Written comments must be received no later than 5 p.m. on October 1, 2018.  However, the submission of written comments as soon as possible is encouraged.   

Copies of the proposed rules may be accessed at http://www.dws.state.nm.us/ or obtained by calling Andrea Christman at (505) 841-8478 or sending an email to Andrea.Christman@state.nm.us.  The proposed rules will be made available at least thirty days prior to the hearing.

Individuals with disabilities who require this information in an alternative format or need any form of auxiliary aid to attend or participate in this meeting are asked to contact Ms. Christman as soon as possible.  The Department requests at least ten (10) days advance notice to provide requested special accommodations.

Proposed updated version of NMAC 11.3.300 Claims Administration - PDF






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