N.M. Admin. Code § 9.1.1.11

Current through Register Vol. 35, No. 23, December 10, 2024

Section 9.1.1.11 - WAIVER OF COMPLAINANT 'S RIGHT TO HEARING

A. Within 60 calendar days of service of the director's determination of probable cause, the complainant may make a written request to the director for a waiver of complainant's right to a commission hearing and seek a trial de novo in district court, pursuant to Subsection J of Section 28-1-10 NMSA 1978, as amended.

B. The director shall approve a waiver request which is timely made and shall serve notice of the waiver upon the complainant and the respondent. The director's issuance of a waiver notice shall be deemed a final order of the commission for the purpose of appeal, pursuant to Section 28-1-13 NMSA 1978, as amended.

C. Within 90 calendar days from the date of service of the waiver notice, the complainant may request a trial de novo, pursuant to Section 28-1-13 NMSA 1978, as amended.

D. After 60 calendar days from the date of service of the director's determination of probable cause and any time prior to final adjournment of the hearing, the complainant may file a "motion for dismissal with leave to file in district court". The motion will be deliberated and decided upon at a commission review panel.

N.M. Admin. Code § 9.1.1.11

9/1/98; Recompiled 10/01/01, Adopted by New Mexico Register, Volume XXVIII, Issue 21, November 14, 2017, eff. 11/14/2017, Adopted by New Mexico Register, Volume XXX, Issue 24, December 31, 2019, eff. 1/1/2020, Amended by New Mexico Register, Volume XXXIV, Issue 19, October 10, 2023, eff. 10/10/2023