1. A. In accordance with the purpose of the Personnel Act NMSA, Section 10-9-2, selection shall be based solely on qualification and ability. Selection for any positions in the classified service shall be justified in writing and made from employment lists.
2. B. All employers subject to the Criminal Offender Employment Act. Sections 28-2-1 to 28-2-6 NMSA 1978, may take into consideration a conviction, but the conviction will not operate as an automatic bar to obtain public employment. Employer may only take into consideration a conviction after the applicant has been selected as a finalist for the position.
3. C. Agencies shall follow all established procedures approved by the SPO director unless otherwise provided by law.
4. D. Agencies shall be sensitive to creating diversity in the workplace.

5. E. Employment lists shall include names of ranked candidates who have made application and met the established requirements plus any candidates certified by the New Mexico department of education, division of vocational rehabilitation, the commission for the deaf and hard of hearing, or the commission for the blind, in accordance with the provisions of Section 28-10-12, NMSA 1978.

   1. (1) Agencies shall certify the names of former employees who are currently receiving temporary total or permanent partial workers’ compensation benefits, resultant from an injury sustained while employed in the classified service and who apply for a position in accordance with the provisions of 1.7.10.12 NMAC.
   2. (2) Agencies shall certify only the name(s) of former employees who are currently eligible for reemployment from a reduction in force per 1.7.10.10 NMAC.
6. F. Temporary promotions: Employees may be temporarily promoted for a period not to exceed 12 months to a temporary or effectively vacant position for which the agency certifies that the employee holds the qualifications and abilities necessary for successful job performance. At the end of the temporary promotion period, employees shall return to their former position without right of appeal.
7. G. Intra-agency transfers: An agency may transfer an employee without the employee’s consent to a position in the same classification within the same geographic location as the employing agency, which is 35 miles from the boundaries of the community where the employee is employed if the established requirements state that willingness to accept a change of geographic location is a condition of employment.
8. H. Exempt to career service: Employment in the exempt service shall not count towards the probationary period required by Subsection A of 1.7.2.8 NMAC.
9. I. Emergency appointments/Hires: Emergency appointments/hires shall be made in accordance with 1.7.2.12 NMAC.
10. J. Reduction: Employees may request a classification reduction to a position for which the agency certifies that the employee holds the qualifications and abilities necessary for successful job performance.

11. K. Physical examinations: Agencies may require physical examinations of candidates who have been selected for a position contingent upon their meeting the prescribed physical health standards. The costs of such physical examinations shall be borne by the agency.

    HISTORY OF 1.7.5 NMAC:

    Pre-NMAC History:

    Material in this part was derived from that previously filed with the commission of public records - state records center and archives as:

    SPB Rule 4, Applications and Tests, filed 5/22/1980;

    SPB Rule 4, Applications and Tests, filed 6/3/1981;

    SPB Rule 4, Applications and Tests, filed 10/21/1982;

    SPB Rule 4, Applications and Tests, filed 6/28/1983;

    SPB Rule 4, Applications and Tests, filed 10/17/1986;

    SPB-4, Tests, filed 4/4/1990;

    SPB-4, Tests, filed 10/19/1990;

    SPB 7, Recruitment, Applications, Tests, filed 12/15/1992;

    SPB 7, Recruitment, Applications, Tests, filed 3/18/1994.

    History of Repealed Material:

    1 NMAC 7.5, Pay, filed 6/13/1997.

    Other History:

    1 NMAC 7.6, Recruitment, Applications, Tests, filed 1/12/1996 replaced SPB 7, filed 3/18/1994;

    1 NMAC 7.6, Recruitment, Applications, Tests, filed 5/2/1996;

    1 NMAC 7.5, Recruitment, Applications, Selection, filed 6/13/1997 replaced 1 NMAC 7.6, filed 5/2/1996;

    1 NMAC 7.5, Recruitment, Assessment, Selection, filed 6/13/1997 replaced by 1.7.5 NMAC, Recruitment, Assessment, Selection, effective 7/7/2001.

    1.7.5 NMAC, Recruitment, Assessment, Selection, filed 6/14/2001, replaced by 1.7.5 NMAC, Recruitment, Assessment, Selection, effective 1/14/2025.

[1.7.5.12 NMAC - Rp, 1.7.5.12 NMAC, 1/14/2025]