HOUSE BILL 352

46th legislature - STATE OF NEW MEXICO - second session, 2004

INTRODUCED BY

Sheryl Williams Stapleton

AN ACT

RELATING TO THE PUBLIC EMPLOYEE LABOR RELATIONS BOARD; PERMITTING BOARD MEETINGS TO BE HELD IN ALBUQUERQUE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 10-7E-12 NMSA 1978 (being Laws 2003, Chapter 4, Section 12 and Laws 2003, Chapter 5, Section 12) is amended to read:

     "10-7E-12. HEARING PROCEDURES.--

          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a person or governmental entity outside of the board or local board and its staff shall not be adopted, amended or repealed without public hearing and comment on the proposed action before the board or local board.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 Albuquerque or Santa Fe. 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."

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