Nothing in the Governmental Dispute Prevention and Resolution Act and rules, agreements and procedures developed pursuant to that act:
A. limits other dispute prevention or resolution procedures available to an agency;
B. denies a person a right granted under federal or other state law, including a right to an administrative or judicial hearing;
C. waives immunity from suit or affects a waiver of immunity from suit contained in any other law;
D. waives immunity granted under the eleventh amendment to the constitution of the United States;
E. authorizes or prohibits binding arbitration as a method of alternative dispute resolution when mutually agreed to in writing by the interested parties;
F. authorizes or requires an agency to take any action that is inconsistent or contrary to any law or rule;
G. authorizes or requires any meeting, otherwise required to be open to the public, to be closed;
H. authorizes or requires any record, otherwise open to public inspection, to be sealed; or
I. shall be interpreted to create an additional layer of administrative process or to discourage or impede the use of alternative dispute resolution.
History: Laws 2000, ch. 65, § 5; 2007, ch. 206, § 5.
The 2007 amendment, effective July 1, 2007, added Subsection I.
Structure New Mexico Statutes
Chapter 12 - Miscellaneous Public Affairs Matters
Article 8A - Governmental Dispute Prevention and Resolution
Section 12-8A-1 - Short title.
Section 12-8A-2 - Definitions.
Section 12-8A-3 - Alternative dispute resolution; authorization; procedures; agency coordinators.
Section 12-8A-4 - Agency budgets; contracts for services.
Section 12-8A-5 - Effect on other laws.
Section 12-8A-6 - Alternative dispute prevention and resolution advisory council created.
Section 12-8A-7 - Alternative dispute prevention and resolution advisory council; duties.
Section 12-8A-8 - Office of alternative dispute prevention and resolution; created; powers; duties.