1. A. An ombudsman shall provide information and facilitate communication regarding the act. An ombudsman is required to maintain a neutral position when providing information or facilitating communication. When responding to inquiries, an ombudsman shall:

   1. (1) confer with workers, employers, insurers, HCPs or other interested persons;

   2. (2) provide information or facilitate communication, when requested, about:

      1. (a) individual rights and responsibilities established by the act;
      2. (b) medical proof required to establish or deny the right to workers’ compensation;
      3. (c) HCP selection;
      4. (d) mediation conferences, related forms, and other administrative practices and procedures;
      5. (e) determination of disability;
      6. (f) the right to representation by a lawyer or the right to proceed as a pro se party; and
      7. (g) other disputes arising under the act;
   3. (3) help workers, employers, insurers, HCPs or other interested parties complete administrative forms for submission to the administration;
   4. (4) actively inquire into matters presented by workers, employers, insurers, HCPs or other interested persons. An ombudsman shall contact the parties involved and attempt to resolve the problem informally; and
   5. (5) refer all inquiries concerning uninsured employers to the WCA employer compliance bureau.

2. B. When responding to inquiries, an ombudsman shall not:

   1. (1) practice law or give legal advice;
   2. (2) act as an advocate for any person;
   3. (3) attend a mediation conference as a representative of a party;
   4. (4) provide assistance to any party after the filing of a rejection of a recommended resolution;
   5. (5) provide assistance to a party represented by an attorney;
   6. (6) offer an opinion on whether to accept or reject a settlement offer or a recommended resolution; or
   7. (7) be called as a witness in a mediation conference or adjudication proceeding before a WCA judge.

[11.4.4.8 NMAC - Rp, 11.4.4.8 NMAC, 1/1/2023]