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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 the conference room of the Human Rights Bureau located at 1596 Pacheco Street Suite 103 in Santa Fe, New Mexico, 87505 on August 19, 2020 from 1:00 pm to 3:00 pm.  The public comment hearing will also be conducted virtually.  Instructions regarding how to join the virtual meeting will be posted on the NMDWS website at https://www.dws.state.nm.us/.  The purpose of the public hearing will be to obtain input and public comment on proposed changes to 11.1.2 NMAC.

Summary:  The updated rule also implements changes to the policies and procedures regarding enforcement of the Public Works Minimum Wage Act as well as amending the process for determining the zone and subsistence pay rates for public works projects.

Under Section 9-26-4, NMSA 1978, the Workforce Solutions Department is responsible for the administration of the labor relations division which oversees setting the prevailing wage and fringe benefit rates.  Pursuant to Section 13-4-11, NMSA 1978, the Director of the Labor Relations Division shall determine the prevailing wage rates and the prevailing fringe benefit rates.

Interested individuals are encouraged to submit written comments to the New Mexico Department of Workforce Solutions, P.O. Box 1928, Albuquerque, N.M., 87103, attention Andrea Christman prior to the hearing for consideration. Written comments must be received no later than 5 p.m. on August 18, 2020.  However, the submission of written comments as soon as possible is encouraged.

Copies of the proposed rule may be accessed online at https://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 rule 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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