N.M. Stat. Ann. § 28-1-10

28-1-10. Grievance procedure.
    A. A person claiming to be aggrieved by an unlawful discriminatory practice and a
member of the commission who has reason to believe that discrimination has occurred
may file with the human rights division of the labor department a written complaint that
shall state the name and address of the person alleged to have engaged in the
discriminatory practice, all information relating to the discriminatory practice and any
other information that may be required by the commission. All complaints shall be filed
with the division within three hundred days after the alleged act was committed.

    B. The director shall advise the respondent that a complaint has been filed against
the respondent and shall furnish the respondent with a copy of the complaint. The
director shall promptly investigate the alleged act. If the director determines that the
complaint lacks probable cause, the director shall dismiss the complaint and notify the
complainant and respondent of the dismissal. The complaint shall be dismissed subject
to appeal as in the case of other orders of the commission.

    C. If the director determines that probable cause exists for the complaint, the
director shall attempt to achieve a satisfactory adjustment of the complaint through
persuasion and conciliation. The director and staff shall neither disclose what has
transpired during the attempted conciliation nor divulge information obtained during any
hearing before the commission or a commissioner prior to final action relating to the
complaint. An officer or employee of the labor department who makes public in any
manner information in violation of this subsection is guilty of a misdemeanor and upon
conviction shall be fined not more than one thousand dollars ($1,000) or imprisoned not
more than one year.

    D. A person who has filed a complaint with the human rights division may request
and shall receive an order of nondetermination from the director without delay after the
division's receipt of the complaint and in jointly filed cases, after the federal complaint
has been closed. The order of nondetermination may be appealed pursuant to the
provisions of Section 28-1-13 NMSA 1978.

    E. In the case of a complaint filed by or on behalf of a person who has an urgent
medical condition and has notified the director in writing of the test results, the director
shall make the determination whether probable cause exists for the complaint and shall
attempt any conciliation efforts within ninety days of the filing of the written complaint or
notification, whichever occurs last.

    F. If conciliation fails or if, in the opinion of the director, informal conference cannot
result in conciliation and the complainant has not requested a waiver of right to hearing
pursuant to the provisions of Subsection J of this section, the commission shall issue a
written complaint in its own name against the respondent, except that in the case of a
complaint filed by or on behalf of a person who has an urgent medical condition, who
has notified the director in writing of the test results and who so elects, the director shall
issue an order of nondetermination, which may be appealed pursuant to the provisions
of Section 28-1-13 NMSA 1978. The complaint shall set forth the alleged discriminatory
practice, the secretary's regulation or the section of the Human Rights Act alleged to
have been violated and the relief requested. The complaint shall require the respondent
to answer the allegations of the complaint at a hearing before the commission or
hearing officer and shall specify the date, time and place of the hearing. The hearing
date shall not be more than fifteen or less than ten days after service of the complaint.
The complaint shall be served on the respondent personally or by registered mail, return
receipt requested. The hearing shall be held in the county where the respondent is
doing business or the alleged discriminatory practice occurred.

   G. Within one year of the filing of a complaint by a person aggrieved, the
commission or its director shall:

       (1)    dismiss the complaint for lack of probable cause;

      (2)   achieve satisfactory adjustment of the complaint as evidenced by order of
the commission; or

       (3)    file a formal complaint on behalf of the commission.

    H. Upon the commission's petition, the district court of the county where the
respondent is doing business or the alleged discriminatory practice occurred may grant
injunctive relief pending hearing by the commission or pending judicial review of an
order of the commission so as to preserve the status quo or to ensure that the
commission's order as issued will be effective. The commission shall not be required to
post a bond.

    I. For purposes of this section, "urgent medical condition" means any medical
condition as defined by an appropriate medical authority through documentation or by
direct witness of a clearly visible disablement that poses a serious threat to the life of
the person with the medical condition.

   J. The complainant may seek a trial de novo in the district court in lieu of a hearing
before the commission, provided the complainant requests from the director, in writing,
a waiver of complainant's right to hearing within sixty days of service of written notice of
a probable cause determination by the director. The director shall approve the waiver
request and shall serve notice of the waiver upon the complainant and respondent. The
complainant may request a trial de novo pursuant to Section 28-1-13 NMSA 1978 within
ninety days from the date of service of the waiver. Issuance of the notice shall be
deemed a final order of the commission for the purpose of appeal pursuant to Section
28-1-13 NMSA 1978.

History: 1953 Comp., § 4-33-9, enacted by Laws 1969, ch. 196, § 9; 1981, ch. 220, § 1;
1983, ch. 241, § 3; 1987, ch. 342, § 21; 1991, ch. 45, § 1; 1993, ch. 268, § 2; 1993, ch.
305, § 1; 1995, ch. 125, § 2; 2005, ch. 311, § 1.