The division shall complete its investigation of a complaint and issue a written decision if a settlement is not reached, or if a settlement is reached but the employer fails to comply with the terms of the settlement, and a party submits a written request to the division to reopen prior to the expiration of the three year time limit outlined in NMAC 11.1.6.13. After completing its investigation the division shall issue an administrative decision on the complaint. The decision shall:

1. A. be issued within 180 days from the date the complaint was received;
2. B. be in writing and set forth findings of facts and conclusions of law, including a calculation of damages owed, if any;
3. C. inform the parties that if they disagree with the decision, there is no right of administrative appeal;
4. D. inform the parties whether the division will file a civil action to enforce its administrative decision; and
5. E. inform complainants of their private right of action pursuant to Subsection B of Section 50-17-10 NMSA 1978.

[11.1.6.22 NMAC – N, 07/01/2022]