In the Matter of RESCISSION OF PRIOR DETERMINATION RELATING TO SANDIA FOUNDATION CONSTRUCTION PROJECTS.
Vincent R. Garcia, Roberto Borbon, Mark Moran, and Kenneth A. Ziegler, on behalf of themselves and all others similarly situated, Petitioners-Appellants,
v.
The Board of Regents of the University of New Mexico, Sandia Foundation, Enterprise Builders, and The New Mexico Labor and Industrial Commission of the New Mexico Department of Workforce Solutions, Labor Relations Division, Respondents-Appellees.
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Rodey, Dickason, Sloan, Akin & Robb, P.A., Thomas L. Stahl , Edward Ricco , Albuquerque, NM, for Respondents-Appellees Board of Regents of the University of New Mexico.
Bingham Hurst & Apodaca, P.C., Wayne E. Bingham , Albuquerque, NM, for Respondents-Appellees Enterprise Builders Corporation.
Office of the New Mexico Attorney General, P. Cholla Khoury , Assistant Attorney General, Santa Fe, NM, for Respondents-Appellees New Mexico Labor & Industrial Commission of the New Mexico Department of Workforce Solutions.
Morrisey & Lewis, Jason J. Lewis , Albuquerque, NM, for Secretary for Department of Workforce Solutions, Celina Bussey.
Court of Appeals of New Mexico.
OPINION
BUSTAMANTE, Judge.
{1} In this case, we are asked to determine whether an administrative tribunal erred in granting a motion to dismiss Petitioners' appeal on the ground that it was untimely filed. The district court affirmed the dismissal. The question arose after the Secretary of the Department of Workforce Solutions (Secretary) issued a determination that two construction projects were not subject to the Public Works Minimum Wage...
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