New Mexico Register / Volume XXXIII, Issue 18 / September 27, 2022

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 Leo Griego Auditorium of the State Personnel Office (Willie Ortiz Building) located at 2600 Cerrillos Road in Santa Fe, New Mexico, 87505 on November 1, 2022, from 10:00 am to 12:00 pm. The public comment hearing will also be conducted virtually.

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The purpose of this public hearing will be to obtain input and public comment on proposed amendments to the regulations concerning Unemployment Compensation, Claims Administration. The proposed amendment will be to clarify the provision of Subsection D in 11.3.300.417 NMAC “Determination of Contribution Rates After Total or Partial Experience History Transfer.” The next proposed amendment will be to correct citation in 11.3.300.422 NMAC by removing unnecessary citation.

Summary: Section 51-1-38, NMSA 1978 states that any person who is found by the secretary to have so obtained or increased the amount of any benefit for the person, the person shall, in addition to other penalties provided herein, forfeit all benefit rights under the Unemployment Compensation Law for a period of not more than one year from and after such determination. The proposed amendment changes provisions in the current 11.3.300.317 NMAC to clarify the provision of section D “Determination of Contribution Rates After Total or Partial Experience History Transfer.”

Under Section 9-26-4 NMSA 1978, 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 Section 51-1-1 et seq., NMSA 1978.

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 October 31, 2022. 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.