New
Mexico Register / Volume XXXVI, Issue 1 / January 14, 2025
TITLE 1 GENERAL
GOVERNMENT ADMINISTRATION
CHAPTER 7 STATE PERSONNEL
ADMINISTRATION
PART 5 RECRUITMENT, ASSESSMENT, SELECTION
1.7.5.1 ISSUING
AGENCY: State Personnel Board.
[1.7.5.1
NMAC - Rp, 1.7.5.1 NMAC, 1/14/2025]
1.7.5.2 SCOPE: All state agencies in the classified service.
[1.7.5.2
NMAC - Rp, 1.7.5.2 NMAC, 1/14/2025]
1.7.5.3 STATUTORY
AUTHORITY: Subsection A of Section
10-9-10, Subsection A of Section 10-9-12, Subsection C of Section 10-9-13,
Subsection F of Section 10-9-13, Subsection I of Section 10-9-13, Section
10-9-13.2, Subsection B of Section 10-9-18, Section 10-9-22, Section 10-9-23;
Section 20-4-9, NMSA 1978; Sections 24-2B-1 to 24-2B-8, NMSA 1978; and Sections
28-2-1 to 28-2-6, Section 28-10-12, NMSA 1978.
[1.7.5.3
NMAC - Rp, 1.7.5.3 NMAC, 1/14/2025]
1.7.5.4 DURATION: Permanent.
[1.7.5.4
NMAC - Rp, 1.7.5.4 NMAC, 1/14/2025]
1.7.5.5 EFFECTIVE
DATE: January 14, 2025
unless a later date is cited at the end of a section.
[1.7.5.5
NMAC - Rp, 1.7.5.5 NMAC, 1/14/2025]
1.7.5.6 OBJECTIVE: The objective of Part 5 of Chapter 7 is: to
provide a system for the recruitment, examination and selection of applicants
for employment in the classified service.
[1.7.5.6
NMAC - Rp, 1.7.5.6 NMAC, 1/14/2025]
1.7.5.7 DEFINITIONS:
A. “Doublefill” is when two employees are paid to work in
the same position.
B. “Open for recruitment” means soliciting
applications from the general public and state
employees for vacant positions.
C. “Overfill”
is when an employee is assigned to a position with a higher pay band than the
position’s budgeted pay band.
D. “Recruitment
Waiver” means a candidate for hire is identified through a non-competitive
process in lieu of the position being posted and advertised.
E. “Underfill” is when a candidate is hired for a
position that they are not fully qualified for, but who can gain the necessary
skills and experience through on the job training. Once the candidate has met the minimum
experience requirements, they will be promoted to the position’s actual pay
band.
[1.7.5.7
NMAC - Rp, 1.7.5.7 NMAC, 1/14/2025]
1.7.5.8 VACANT
POSITIONS:
A. All budgeted
vacant positions to be filled shall be open for recruitment unless a
recruitment waiver is authorized by the state
personnel office (SPO) director.
B. Positions in the
classified service shall be filled at the assigned
classification. An underfill may be approved by the SPO director. An authorized
underfill may not exceed one year unless extended by the SPO director.
C. The SPO director
may approve a position to be doublefilled for up to
one year.
D. Agencies may
allow part-time employees to share the same position.
[1.7.5.8
NMAC - Rp, 1.7.5.8 NMAC, 1/14/2025]
1.7.5.9 RECRUITMENT:
A. The recruitment
process shall be established by the state personnel office in accordance with
established professional techniques and relevant federal and state laws,
regulations, and guidelines.
B. The SPO director shall establish a means to effectively
advertise and recruit for vacant positions within the classified service.
C. Any qualified
applicant shall have the opportunity to compete for vacant positions open for
recruitment without regard to race, color, religion, national origin, ancestry,
sex, sexual orientation, age, or mental or physical disability unless based on
a bona fide occupational requirement.
D. Agencies shall be
sensitive to creating diversity in the workplace.
E. Applications
shall be submitted in accordance with the SPO director-established recruitment
criteria, received within the prescribed time limits and be for positions open
for recruitment.
[1.7.5.9
NMAC - Rp, 1.7.5.9 NMAC, 1/14/2025]
1.7.5.10 APPLICATIONS:
A. The SPO director
shall establish application procedures which include, among other things,
criteria that will ensure compliance with federal and/or state law. Information on gender, ethnicity, and age of
applicants shall be utilized only for affirmative action and other
non-discriminatory purposes.
B. The agency shall
reject an application and not accept any application from the applicant if the
applicant:
(1) has
made any false statement or produced any false document in support of the
application; or
(2) has directly or
indirectly given, paid, offered, solicited, or accepted any money or other
valuable consideration or secured or furnished any
special or secret information for the purpose of affecting the rights or
prospects of any person with respect to employment in the classified service.
[1.7.5.10
NMAC - Rp, 1.7.5.10 NMAC, 1/14/2025]
1.7.5.11 ASSESSMENT OF QUALIFICATIONS:
A. Assessments
shall measure critical or important knowledge, skills, and abilities necessary
for successful job performance.
B. Except as provided in Subsection C of 1.7.5.11 NMAC no agency
shall administer any test to an applicant or employee without the test and the
test administration having been approved by the SPO director unless otherwise
authorized by statute.
C. An agency may request a description or
demonstration of the skill or ability needed to perform an essential job
function in accordance with the Americans
with Disabilities Act of 1990 (42 U.S.C. Section 12101 Note 29C.F.R. Part
1630.14(a) Pre-employment inquiry).
D. Preference Points:
(1) In accordance with
the provisions of Section 10-9-13.2 NMSA 1978 and Section 20-4-9 NMSA 1978,
veterans honorably discharged from the United States armed forces and
applicants currently serving in the national guard shall have five points added
to their final passing numerical scores on applications. Veterans honorably discharged from the United
States armed forces with a service-connected disability shall have 10 points
added to their final passing numerical scores on applications. A veteran with or without a service-connected
disability has his/her name placed on the employment list in accordance with
numerical rating of other veterans and non-veterans.
(2) In accordance with
the provisions of Section 10-9-13, NMSA 1978, applicants who meet minimum
qualifications shall have two preference points added for each year of
residency in New Mexico, not to exceed 10 points.
[1.7.5.11
NMAC - Rp, 1.7.5.11 NMAC, 1/14/2025]
1.7.5.12 SELECTION:
A. In accordance
with the purpose of the Personnel Act
NMSA, Section 10-9-2, selection shall be based solely on qualification and
ability. Selection for any positions in
the classified service shall be justified in writing and made from employment
lists.
B. All employers
subject to the Criminal Offender
Employment Act. Sections 28-2-1 to 28-2-6 NMSA 1978, may take into
consideration a conviction, but the conviction will not operate as an automatic
bar to obtain public employment.
Employer may only take into consideration a conviction after the
applicant has been selected as a finalist for the position.
C. Agencies shall
follow all established procedures approved by the SPO director unless otherwise
provided by law.
D. Agencies shall be sensitive to creating diversity in
the workplace.
E. Employment lists
shall include names of ranked candidates who have made application and met the
established requirements plus any candidates certified by the New Mexico
department of education, division of vocational rehabilitation, the commission
for the deaf and hard of hearing, or the commission for the blind, in
accordance with the provisions of Section 28-10-12, NMSA 1978.
(1) Agencies shall
certify the names of former employees who are currently receiving temporary
total or permanent partial workers’ compensation benefits, resultant from an
injury sustained while employed in the classified service and who apply for a
position in accordance with the provisions of 1.7.10.12 NMAC.
(2) Agencies shall
certify only the name(s) of former employees who are currently eligible for
reemployment from a reduction in force per 1.7.10.10 NMAC.
F. Temporary promotions: Employees may be temporarily promoted for a
period not to exceed 12 months to a temporary or effectively vacant position
for which the agency certifies that the employee holds the qualifications and abilities necessary for successful job
performance. At the end of the temporary
promotion period, employees shall return to their former position without right
of appeal.
G. Intra-agency transfers: An agency may transfer an employee without
the employee’s consent to a position in the same classification within the same
geographic location as the employing agency, which is 35 miles from the
boundaries of the community where the employee is employed if the established
requirements state that willingness to accept a change of geographic location
is a condition of employment.
H. Exempt to career service: Employment in
the exempt service shall not count towards the probationary period required by Subsection A
of 1.7.2.8 NMAC.
I. Emergency appointments/Hires: Emergency appointments/hires shall be made in
accordance with 1.7.2.12 NMAC.
J. Reduction: Employees may request a classification
reduction to a position for which the agency certifies that the employee holds the qualifications and abilities necessary for
successful job performance.
K. Physical examinations: Agencies may require physical examinations of
candidates who have been selected for a position contingent upon their meeting
the prescribed physical health standards.
The costs of such physical examinations shall be borne by the agency.
[1.7.5.12
NMAC - Rp, 1.7.5.12 NMAC, 1/14/2025]
HISTORY OF 1.7.5 NMAC:
Pre-NMAC History:
Material
in this part was derived from that previously filed with the commission of
public records - state records center and archives as:
SPB
Rule 4, Applications and Tests, filed 5/22/1980;
SPB
Rule 4, Applications and Tests, filed 6/3/1981;
SPB
Rule 4, Applications and Tests, filed 10/21/1982;
SPB
Rule 4, Applications and Tests, filed 6/28/1983;
SPB
Rule 4, Applications and Tests, filed 10/17/1986;
SPB-4,
Tests, filed 4/4/1990;
SPB-4,
Tests, filed 10/19/1990;
SPB
7, Recruitment, Applications, Tests, filed 12/15/1992;
SPB
7, Recruitment, Applications, Tests, filed 3/18/1994.
History of Repealed Material:
1 NMAC 7.5, Pay, filed
6/13/1997.
Other History:
1 NMAC 7.6, Recruitment, Applications, Tests, filed 1/12/1996 replaced SPB 7, filed 3/18/1994;
1 NMAC 7.6, Recruitment, Applications, Tests, filed 5/2/1996;
1
NMAC 7.5, Recruitment, Applications, Selection, filed 6/13/1997 replaced 1 NMAC
7.6, filed 5/2/1996;
1 NMAC 7.5, Recruitment, Assessment, Selection, filed 6/13/1997 replaced by 1.7.5 NMAC, Recruitment, Assessment, Selection, effective 7/7/2001.
1.7.5
NMAC, Recruitment, Assessment,
Selection, filed 6/14/2001, replaced
by 1.7.5 NMAC, Recruitment,
Assessment, Selection, effective 1/14/2025.