N.M. Admin. Code § 11.1.6.11

Current through Register Vol. 35, No. 19, October 8, 2024

Section 11.1.6.11 - COMPLAINTS

Individuals may file complaints alleging violations of the Healthy Workplaces Act or these rules, including retaliation, with the division.

A. Complaints must be submitted using a division-approved form.

B. Complainants may complete the form on their own or have an LRD employee assist in completing the form based on the complainant's statements in-person or by telephone. If the division provides assistance in completing the form by telephone, the division shall mail or email the unsigned form to the complainant to be reviewed, approved, signed, and submitted to the division for filing. The complaint form does not need to be notarized. The complainant may attach additional information or documentation supporting the complaint, but this is not a requirement.

C. Upon receipt of the completed complaint form, the division will:

(1) review the complaint to determine whether the division has jurisdiction;

(2) determine if more information from the complainant is needed; and

(3) interview the complainant, if necessary, to clarify any discrepancies, omissions, or errors in the complaint form, and obtain additional information regarding the complaint.

D. If a complainant is represented by an attorney, the attorney shall submit a written notice of the representation to the division of said representation and shall also indicate in that notice whether the division may communicate with the complainant directly without the attorney being present. If the attorney fails to indicate anything in this regard, it will be assumed the division is authorized to communicate directly with the complainant without the attorney being present.

E. The complaint form will give the complainant the opportunity to choose to correspond with the division by email or regular mail. If the complainant does not make a choice, the correspondence with the complainant will be by regular mail.

F. The division shall send complainants written notification summarizing the status of the investigation by the complainant's chosen correspondence method no less frequently than every 90 days starting from the date the complaint is received by the division.

G. The division shall provide limited English proficient (LEP) complainants, employers and witnesses with free language assistance services according to the NMDWS language access plan throughout the complaint process.

N.M. Admin. Code § 11.1.6.11

Adopted by New Mexico Register, Volume XXXIII, Issue 12, June 21, 2022, eff. 7/1/2022