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Notice of Rulemaking

The New Mexico Department of Workforce Solutions (“Department” or “NMDWS”) hereby gives notice that the Department will conduct a public hearing in conference room of the Human Rights Bureau located at 1596 Pacheco St Suite 103 in Santa Fe, New Mexico, 87505 on December 5, 2019 at 10:00 am.  The purpose of the public hearing will be to obtain input and public comment on the amendments to 9.1.1 NMAC – Human Rights General Provisions – Administrative Procedures for the Human Rights Division/Commission.

Summary:  The rule is being amended to update procedures for filing a complaint with the Human Rights Bureau, to align processes and procedures with EEOC regulations and processes, to clarify terms not currently defined under the regulation, to change how the HRB refers to individuals filing a complaint from “complainant” to “claimant”, and to remove language that is no longer applicable.  The new proposed draft updates the processes the Human Rights Bureau follows for hearings before an administrative law judge or the human rights commission.  

Under NMSA 1978 §§28-1-1 to 28-1-14 and 28-23-1 through 28-23-6, the Department is the agency responsible for the Human Rights Bureau.

Interested individuals may testify at the public hearing or submit written comments to the New Mexico Department of Workforce Solutions, P.O. Box 1928, Albuquerque, N.M., 87103, attention Andrea Christman.   Written comments must be received no later than 5 p.m. on December 4, 2019.  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.

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