New Mexico Register / Volume XXXVI, Issue 18 / September 23, 2025

NOTICE OF RULEMAKING

The New Mexico Department of Workforce Solutions (“Department” or “NMDWS”) hereby gives notice that the Department will conduct a public hearing in the Leo Griego Auditorium located in the State Personnel Office (Willie Ortiz Building) at 2600 Cerrillos Road in Santa Fe, New Mexico, 87505 on October 23, 2025, from 10:00 am to 12:00 pm. The purpose of the public hearing will be to obtain input and public comment on the Department’s adoption of a rule adding a new part 5 Industrial Revenue Bonds to Chapter 1 Labor Relations General Provisions, Title 11 Labor and Workers Compensation of the New Mexico Administrative Code. A prior public comment hearing was held on September 3, 2025, and this rescheduled hearing is to consider comments made at the last hearing which were incorporated into the current proposed regulation.

Summary: The rule is being added to define regulations necessary for the application of prevailing wage rates for laborers and mechanics employed under the auspices of a local government through the issuance of an industrial revenue bond, including procedures for the predetermination of wages, the adoption of job classification descriptions, and the adoption of procedures for the enforcement of the Public Works Minimum Wage Act (PWMWA), and in conformity with the Public Works Apprenticeship and Training Act (PWAT).

Under Subsection J of Section 13-4-11 NMSA 1978, the director of the Labor Relations Division of the Department of Workforce Solutions has authority to issue rules necessary to administer and accomplish the purpose of the Public Works Minimum Wage Act. Under Subsection C of Section 13-4D-4 NMSA 1978, the Workforce Solutions Department has authority to adopt rules and regulations necessary to implement the provisions of the Public Works Apprentice and Training Act.

Interested individuals may testify at the public hearing or submit written comments to the New Mexico Department of Workforce Solutions, P.O. Box 1928, Albuquerque, N.M., 87103, attention Andrea Christman. Written comments must be received no later than 5 p.m. on October 23, 2025. However, the submission of written comments as soon as possible is encouraged.

Copies of the proposed rules may be accessed at http://www.dws.state.nm.us/ or obtained by calling Andrea Christman at (505) 841-8478 or sending an email to Andrea.Christman@dws.nm.gov. The proposed rules will be made available at least thirty days prior to the hearing.

Individuals with disabilities who require this information in an alternative format or need any form of auxiliary aid to attend or participate in this meeting are asked to contact Ms. Christman as soon as possible. The Department requests at least ten (10) days advance notice to provide requested special accommodations.