N.M. Stat. » N.M. Stat. / Chapter 52 / Article 5
New Mexico Statutes

N.M. Stat. § 52-5-4 (2026)

Authority to adopt rules, regulations and fee schedules.

✓ laws through the 2025 session (retrieved May 2026)
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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.

History: Laws 1986, ch. 22, § 30; 1989, ch. 263, § 73; 2003, ch. 263, § 3.

                                     ANNOTATIONS

The 2003 amendment, effective June 20, 2003, deleted "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 of hearings" following the first sentence in Subsection A;
and added Subsection D.

Requirement that rules and regulations be definite and certain. — Rules and
regulations adopted by the workers' compensation administration pursuant to this
section should be definite and certain so the parties know what is expected of them.
Rodriguez v. El Paso Elec. Co., 1992-NMCA-042, 113 N.M. 672, 831 P.2d 608.

Award of prejudgment interest allowed. — Section 56-8-4B NMSA 1978 (award of
prejudgment interest) does not apply to decisions made pursuant to the Occupational
Disease Disability Law. However, such interest is allowed under Workers'
Compensation Division Rules, WCD 89-4(V)(A)(3) (now NMAC 11.4.4.13), promulgated
under this section. Bryant v. Lear Siegler Mgmt. Servs. Corp., 1993-NMCA-052, 115
N.M. 502, 853 P.2d 753, cert. denied, 115 N.M. 535, 854 P.2d 362.
Notes of Decisions
Cited in 22 cases, 1988–2015 · leading case: Armijo v. Save 'N Gain, 771 P.2d 989 (N.M. Ct. App. 1989).
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Armijo v. Save 'N Gain, 771 P.2d 989 (N.M. Ct. App. 1989). · cites it 8× “NMSA 1978, § 52-5-4 (Repl. Pamp. 1987). Neither the briefs of the parties nor the record before us indicate whether the director has adopted any rule providing for a right of rehearing after the issuance of a recommended informal resolution.”
Bryant v. Lear Siegler Mgmt. Servs. Corp., 853 P.2d 753 (N.M. Ct. App. 1993). · cites it 12× “The statutory authority for the director of the Administration to adopt rules and regulations is contained in NMSA 1978, Section 52-5-4(A) (Repl.Pamp. 1991), which states in part: The director is authorized to adopt reasonable rules and regulations, after notice and public…”
Mieras v. Dyncorp, 925 P.2d 518 (N.M. Ct. App. 1996). · cites it 4× “1995), expert witnesses, NMSA 1978, § 52-5-4(C) (Repl.Pamp.1991), and attorneys, NMSA 1978, § 52-1-54(I) (Cum.”
Maez v. Riley Indus., 2015-NMCA-049, 347 P.3d 732. · cites it 2× “” The Workers’ Compensation Administration regulations adopted pursuant to NMSA 1978, Section 52-4-5 (1993) and NMSA 1978, Section 52-5-4 (2003) applicable at the time Worker filed his application defined “prescription drug” as a drug requiring “a written order from an…”
Rodriguez v. La Mesilla Constr. Co., 1997-NMCA-062, 943 P.2d 136. · cites it 3× “Compare NMSA 1978, §§ 52-5-4 & -4.1 (Repl. Pamp.1991) (provisions concerning WCA’s power to promulgate rules and regulations, containing no language regarding appellate judicial review of those rules and regulations), uñth NMSA 1978, § 61-1-31 (Repl.”
Cisneros v. Molycorp, Inc., 765 P.2d 761 (N.M. Ct. App. 1988). · cites it 2× “See NMSA 1978, § 52-5-4 (Repl.Pamp. 1987). The exhibit employer sought to introduce has not been made part of the record on appeal.”
Griego v. Bag 'N Save Food Emporium, 784 P.2d 1030 (N.M. Ct. App. 1989). · cites it 2× “See NMSA 1978, § 52-5-4 (Repl.Pamp.1987). Under that authority, the director may choose to require that the hearing officer make evidentiary findings.”
Jurado v. Levi Strauss & Co., 907 P.2d 205 (N.M. Ct. App. 1995). · cites it 2× “” (citing NMSA 1978, § 52-5-4(A) (Repl.Pamp.1991))).”
Junge v. John D. Morgan Constr. Co., 882 P.2d 48 (N.M. Ct. App. 1994). · cites it 2× “3, October 1992) (unless otherwise provided in the Administration’s rules or the Workers’ Compensation Act, the rules of civil procedure for the district courts of New Mexico apply); see also NMSA1978, § 52-5-4 (Repl.Pamp.1991) (director authorized to adopt rules and…”
Pineda v. Grande Drilling Corp., 807 P.2d 234 (N.M. Ct. App. 1991). · cites it 2× “The Interim Act, NMSA 1978, Section 52-5-4 (Cum.Supp.1986), states that rules adopted by the WCD must be filed in accordance with the State Rules Act, which requires that rules be filed with the State Records Center, NMSA 1978, Section 14-4-3 (Repl.”
City of Albuquerque v. Sanchez, 832 P.2d 412 (N.M. Ct. App. 1992). “See NMSA 1978, 52-5-4(A) (Repl.Pamp.1991) (director has authority to adopt reasonable rules and regulations, and, if not inconsistent with the law, the rules and regulations are binding on the administration of the Workers’ Compensation Act).”
Vialpando v. Ben's Auto. Servs., 2014-NMCA-084, 331 P.3d 975. · cites it 2× “{7} The director of the WCA has adopted regulations pursuant to NMSA 1978, Section 52-4-5 (1993) and NMSA 1978, Section 52-5-4 (2003). The regulations applicable when Worker filed his application for approval incorporated both statutory provisions and defined “health care…”
Show all 22 citing cases →
N.M. Stat. § 52-5-4(A): 6 cases
Bryant v. Lear Siegler Mgmt. Servs. Corp., 853 P.2d 753 (N.M. Ct. App. 1993). “The statutory authority for the director of the Administration to adopt rules and regulations is contained in NMSA 1978, Section 52-5-4(A) (Repl.Pamp. 1991), which states in part: The director is authorized to adopt reasonable rules and regulations, after notice and public…”
Jurado v. Levi Strauss & Co., 907 P.2d 205 (N.M. Ct. App. 1995). “” (citing NMSA 1978, § 52-5-4(A) (Repl.Pamp.1991))).”
City of Albuquerque v. Sanchez, 832 P.2d 412 (N.M. Ct. App. 1992). “See NMSA 1978, 52-5-4(A) (Repl.Pamp.1991) (director has authority to adopt reasonable rules and regulations, and, if not inconsistent with the law, the rules and regulations are binding on the administration of the Workers’ Compensation Act).”
Carrillo v. Compusys, Inc., 1997-NMCA-003, 930 P.2d 1172.
Rodriguez v. La Mesilla Constr. Co., 1997-NMCA-062, 943 P.2d 136. “Compare NMSA 1978, §§ 52-5-4 & -4.1 (Repl. Pamp.1991) (provisions concerning WCA’s power to promulgate rules and regulations, containing no language regarding appellate judicial review of those rules and regulations), uñth NMSA 1978, § 61-1-31 (Repl.”
N.M. Stat. § 52-5-4(C): 2 cases
Mieras v. Dyncorp, 925 P.2d 518 (N.M. Ct. App. 1996). “1995), expert witnesses, NMSA 1978, § 52-5-4(C) (Repl.Pamp.1991), and attorneys, NMSA 1978, § 52-1-54(I) (Cum.”
Smith v. Martinez, 608 F. App'x 620 (10th Cir. 2015).
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