Section 11. Waiver Of Complainant ’S Right To Hearing

A. Within 60 calendar days of service of the director’s determination of probable cause, the complainant may make a written request to the director for a waiver of complainant’s right to a commission hearing and seek a trial de novo in district court, pursuant to Subsection J of Section 28-1-10 NMSA 1978, as amended. B. The director shall approve a waiver request which is timely made and shall serve notice of the waiver upon the complainant and the respondent. The director’s issuance of a waiver notice shall be deemed a final order of the commission for the purpose of appeal, pursuant to Section 28-1-13 NMSA 1978, as amended. C. Within 90 calendar days from the date of service of the waiver notice, the complainant may request a trial de novo, pursuant to Section 28-1-13 NMSA 1978, as amended. D. After 60 calendar days from the date of service of the director’s determination of probable cause and any time prior to final adjournment of the hearing, the complainant may file a “motion for dismissal with leave to file in district court”. The motion will be deliberated and decided upon at a commission review panel. [9.1.1.11 NMAC - Rp, 9.1.1.11 NMAC, 1/1/2020; A, 10/10/2023] 9.1.1.12 MEDIATION AND CONCILIATION PROCESSES A. Mediation prior to issuance of commission complaint: 9.1.1 NMAC 7 (1) The bureau may attempt to achieve a satisfactory adjustment of the complaint by means of mediation with the complainant and the respondent. (2) If mediation attempts are successful, the parties shall prepare and sign a written settlement agreement. If the complainant and the respondent execute a written and signed settlement agreement, they shall provide the bureau with written notification that a settlement agreement between the parties has been executed of the complaint by means of mediation with the complainant and the respondent. (2) If mediation attempts are successful, the parties shall prepare and sign a written settlement agreement. If the complainant and the respondent execute a written and signed settlement agreement, they shall provide the bureau with written notification that a settlement agreement between the parties has been executed. (3) If a settlement agreement is reached between the complainant and the respondent through bureau mediation, the executed settlement agreement shall be forwarded to the director and will serve as the parties’ written notification to the director of the executed settlement agreement. (4) Once the director has received the parties’ written notification that a settlement agreement has been executed, the complaint will be administratively closed. The parties will be provided with notice of case closure. (5) Failure by the respondent or the complainant to abide by a fully-executed settlement agreement will require the aggrieved party to seek enforcement of the agreement in court. B. Conciliation process after issuance of commission complaint: (1) If a settlement agreement is reached between the complainant and the respondent through private mediation or the conciliation process after issuance of the commission complaint, the complainant will be required to submit a motion to dismiss pursuant to this rule. (2) The motion to dismiss will be deliberated and decided upon at a commission review panel. (3) Following its deliberation, the commission will issue an order on the matter and notify the parties pursuant to Subsection E of Section 28-1-11 NMSA 1978.