N.M. Stat. § 52-5-4
Authority to adopt rules, regulations and fee schedules.
A. The director is authorized to adopt reasonable rules and regulations, after notice
and public hearing, for effecting the purposes of the Workers' Compensation Act
[Chapter 52, Article 1 NMSA 1978] or the New Mexico Occupational Disease
Disablement Law [52-3-1 NMSA 1978]. All rules and regulations shall be published
upon adoption and be made available to the public and, if not inconsistent with law,
shall be binding on the administration of the Workers' Compensation Act or the New
Mexico Occupational Disease Disablement Law. All rules and regulations adopted shall
be filed in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978].
B. Such rules and regulations shall include provisions for procedures in the nature
of conferences or other techniques to dispose of cases informally or to expedite claim
adjudication, narrow issues and simplify the methods of proof at hearings.
C. The director shall promulgate and enforce schedules of reimbursement for such
nonprofessional services as providing testimony and depositions, the production of
records or the completion of medical capacity forms to health care providers as defined
in Section 52-4-1 NMSA 1978 as he deems appropriate and necessary in the
administration of the Workers' Compensation Act or the New Mexico Occupational
Disease Disablement Law.
D. The director shall adopt rules for approval and establishment of controlled
insurance plans, including performance standards compliance enforcement. In an
advisory role only to participate in the rulemaking process, the director shall provide for
the participation of:
(1)
general contractors;
(2)
subcontractors;
(3)
organized labor;
(4)
municipalities;
(5)
counties; and
(6)
business.