New Mexico Department of Health v. Ulibarri

OPINION

MINZNER, Chief Judge.

Employee appeals the district court’s reversal of the State Personnel Board’s (Board) decision to reinstate her employment. The dispositive issue is whether the district court erred in determining that the Board did not have jurisdiction to hear Employee’s appeal because Employee failed to file a timely notice of appeal with the Board.

Based on the reasoning discussed below, we reverse the district court’s order and reinstate the Board’s decision that Employee was improperly discharged from employment. We issue this opinion while the matter remains assigned to the…