N.M. Code R. § 9.2.13.11 - GRIEVANCE PROCEDURE
A. An
applicant who has been determined ineligible for enrollment or placement in the
programs created under this part may:
(1)
request a reconsideration regarding ineligibility from the employment programs
bureau chief, either in person, by telephone, or in writing, within five
calendar days of receipt of the notice of ineligibility
determination;
(2) the bureau chief
shall have ten calendar days from receipt of the request for reconsideration to
review the documentation and make a second determination of
eligibility;
(3) if the applicant
still believes that the determination is incorrect, the applicant's next step
is to contact the aging network division director in writing within ten
calendar days of receipt of the bureau chief's ineligibility determination,
challenging the reasons given for ineligibility, and providing accompanying
documentation;
(4) after reviewing
the challenge and accompanying documentation, the division director shall make
a determination affirming or reversing the determination of eligibility by the
bureau chief within ten calendar days of receiving the challenge; the division
director's determination shall be final.
B. Any participant who believes that he or
she has been subject to unfair treatment, discrimination, or harassment by a
supervisor, manager, co-worker or a host agency may proceed as follows.
(1) Step 1: The participant may discuss a
problem or grievance with the participant's supervisor, either in person, by
telephone, or in writing, within five calendar days of the occurrence of the
problem. The supervisor shall then work with the participant to provide a
solution or an explanation within ten additional calendar days. If more time is
required for the supervisor to provide a meaningful response, the participant
will be notified of this fact and advised of the anticipated response date. In
no event shall the supervisor extend the response date by more than 30 days
from receipt of first notice. However, if the participant finds it difficult to
discuss the problem with the supervisor, the participant may proceed directly
to step 2.
(2) Step 2: If the
problem or grievance remains unresolved to the participant's satisfaction after
following Step 1, or if the participant found it difficult to discuss the
problem with the supervisor, the participant may proceed to the host agency's
next level of authority. The participant may discuss the problem with this
level of authority, either in person, by telephone, or in writing, within five
calendar days of the event giving rise to the grievance or the response of the
supervisor in step 1. This level of authority shall then work with the
participant to provide a solution and/or explanation within ten additional
calendar days. If the participant feels that the problem continues to remain
unresolved, the participant may proceed to step 3.
(3) Step 3: If the participant is unable to
receive a satisfactory answer or resolution to the problem from the host agency
in step 2, the participant may then submit a written grievance to the
employment programs bureau chief within five days after the participant
receives the response from the host agency in step 2. This written grievance
shall include the following: the nature of the grievance, relevant facts and
specific actions, and the requested relief or course of action. The bureau
chief shall contact the participant within ten calendar days after receiving
the written grievance, to obtain additional information relevant to the
grievance. The bureau chief may investigate the grievance and shall provide a
written determination. This shall be mailed to the participant within 20
calendar days after the bureau chief's receipt of the grievance unless
additional time is required for investigation. If additional time is required,
the participant will be notified of that fact and advised of the response date.
In no event shall the bureau chief extend the response date by more than 30
days from receipt of first notice.
(4) If the problem or grievance remains
unresolved to the participant's satisfaction following step 3, the participant
may follow the appeal procedure outlined 9.2.13.12 NMAC.
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