A. The board or local board may hold hearings for the purposes of:
(1) information gathering and inquiry;
(2) adopting rules; and
(3) adjudicating disputes and enforcing the provisions of the Public Employee Bargaining Act and rules adopted pursuant to that act.
B. The board or local board shall adopt rules setting forth procedures to be followed during hearings of the board or local board. The procedures adopted for conducting adjudicatory hearings shall meet all minimal due process requirements of the state and federal constitutions.
C. The board or local board may appoint a hearing examiner to conduct any adjudicatory hearing authorized by the board or local board. At the conclusion of the hearing, the examiner shall prepare a written report, including findings and recommendations, all of which shall be submitted to the board or local board for its decision.
D. A rule proposed to be adopted by the board or local board that affects a person or governmental entity outside of the board or local board and its staff shall not be adopted, amended or repealed without public hearing and comment on the proposed action before the board or local board. The public hearing shall be held after notice of the subject matter of the rule, the action proposed to be taken, the time and place of the hearing, the manner in which interested persons may present their views and the method by which copies of the proposed rule, proposed amendment or repeal of an existing rule may be obtained. All meetings of the board shall be held in New Mexico. All meetings of local boards shall be held in the county of residence of the local public employer. Notice shall be published once at least thirty days prior to the hearing date in a newspaper of general circulation in the state or, in the case of a local board hearing, in a newspaper of general circulation in the county, and notice shall be mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice of hearings.
E. All adopted rules shall be filed in accordance with applicable state statutes.
F. A verbatim record made by electronic or other suitable means shall be made of every rulemaking and adjudicatory hearing. The record shall not be transcribed unless required for judicial review or unless ordered by the board or local board.
History: Laws 2003, ch. 4, § 12 and by Laws 2003, ch. 5, § 12; 2005, ch. 137, § 1.
The 2005 amendment, effective June 17, 2005, deleted the requirement that all board meetings be held in Santa Fe. As amended, the section provides in Subsection D that the public employee labor relations board may hold meetings in Albuquerque.
Structure 2021 New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 7E - Public Employee Bargaining
Section 10-7E-1 - Short title.
Section 10-7E-2 - Purpose of act.
Section 10-7E-4 - Definitions.
Section 10-7E-5 - Rights of public employees.
Section 10-7E-6 - Rights of public employers.
Section 10-7E-7 - Appropriate governing body; public employer.
Section 10-7E-8 - Public employee labor relations board; created; terms; qualifications.
Section 10-7E-9 - Board; powers and duties.
Section 10-7E-12 - Hearing procedures.
Section 10-7E-13 - Appropriate bargaining units.
Section 10-7E-15 - Exclusive representation.
Section 10-7E-16 - Decertification of exclusive representative.
Section 10-7E-17 - Scope of bargaining.
Section 10-7E-18 - Impasse resolution.
Section 10-7E-19 - Public employers; prohibited practices.
Section 10-7E-20 - Public employees; labor organizations; prohibited practices.
Section 10-7E-21 - Strikes and lockouts prohibited.
Section 10-7E-22 - Agreements valid; enforcement.
Section 10-7E-23 - Judicial enforcement; standard of review.
Section 10-7E-24 - Existing collective bargaining units.
Section 10-7E-24.1 - Certain new entities created by statute.
Section 10-7E-25 - Existing collective bargaining agreements.