New Mexico Register / Volume XXXVI,
Issue 5 / March 11, 2025
NOTICE OF PROPOSED RULEMAKING
Public
Notice: The New Mexico State Personnel Board will hold
a public hearing on Friday, April 18, 2025, at 9:00 a.m. The meeting will be held in person in the
Willie Ortiz Auditorium, 2600 Cerrillos Road, Santa Fe, NM 87505.
Purpose of
Rule Hearing: The purpose of the public hearing is to
receive public input on the proposed amendments to 1.7.1 NMAC – General
Provisions; the proposed amendments to 1.7.7 NMAC – Absence and Leave; the
proposed amendments to 1.7.8 NMAC – Drug and Alcohol Abuse; and the proposed
repeal and replacement of 1.7.10 NMAC – Furlough, Reduction in Force,
Reemployment, Separation Without Prejudice.
Statutory
Authority: Personnel
Act, Sections 10-9-10 and 10-9-12 NMSA 1978.
Purpose of
the Proposed Amendments: The purpose of these changes is to ensure
uniform application of the rules, to clarify roles and obligations of the State
Personnel Office Director, and to conform to state and federal law.
Summary of
Proposed Changes to 1.7.1 NMAC General Provisions: The
section being substantively amended is: Section 1.7.1.11, clarifying
that three (3) calendar days are added to response times when service of notice
is by certified mail or courier.
Summary of
Proposed Changes to 1.7.7 NMAC Absences and Leave: The
sections being substantively amended are: Section 1.7.7.8, removing
provision that allowed employees to carry forward more than 240 hours of annual
leave after December 2020, but not beyond July 9, 2021; Section 1.7.7.10, eliminating
the ability of employees to appeal denial of sick leave or alleged violations
of the Public Employee Caregiver Leave Act to the SPO Director; Section
1.7.7.12, removing the requirement that disputes over the administration of
the Family Medical Leave Act be forwarded to the SPO Director for resolution.
Summary of
Proposed Changes to 1.7.8 NMAC Drug and Alcohol Abuse: The
sections being amended are: Section 1.7.8.8, 1.7.8.9, 1.7.8.10,
1.7.8.13, 1.7.8.15, 1.7.8.18, correcting internal citations.
Summary of
Proposed Changes to 1.7.10 NMAC Furlough, Reduction in Force, Reemployment, Separation Without
Prejudice: Because
of the state-required formatting changes (1.24.11.9 NMAC), this rule will be
repealed and replaced. The section being
substantively amended is: Section 1.7.10.13, clarifying that three (3) calendar days are
added to response times when service of notice is by certified mail or courier.
How to
Comment on the Proposed Rules: Public comment addressing
the proposed rule changes can be made in person using the Public Comment
sign-in sheet, by mail to Denise Forlizzi, State Personnel Office, 2600
Cerrillos Rd., Santa Fe, New Mexico 87505 or by emailing your comment to DeniseM.Forlizzi@spo.nm.gov
by 5:00 p.m. Thursday, April 17, 2025.
Email comments must include the subject line, “Rule Changes to 1.7.X
NMAC”, the commenter’s name and contact information.
Copies of
Proposed Rules: Copies of the proposed rules are available
for download on the State Personnel Office’s website at www.spo.state.nm.us. A copy of the proposed rules may also be
requested by contacting Denise Forlizzi by phone at (505)365-3691 or by email DeniseM.Forlizzi@spo.nm.gov.
Special
Needs: Individuals who require this information in
an alternative format or need any form of auxiliary aid to attend or
participate in the public hearing are asked to contact Denise Forlizzi at
(505)365-3691 as soon as possible to allow adequate time to provide the
requested accommodation(s).