reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 2 - SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT › Section 2.110.2.8 - INTRODUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The council is
				responsible for allocating grants under the CDBG program to assist local
				communities with basic infrastructure and community development
				needs.
B. These application
				regulations will govern the CDBG appropriation allocated to the state from the
				United States department of housing and urban development.
C. As part of their administrative
				responsibility, the council and the division will continue to provide technical
				assistance to prospective applicants and grantees. The nature of these programs
				requires a thorough outreach effort to ensure that units of local government
				are aware of program requirements.
D. The council and the division assure local
				entities and citizens of the state of New Mexico that public comment will be
				solicited should the council choose to make any substantial changes to these
				application regulations.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 2 - SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT › Section 2.110.2.9 - PROGRAM OBJECTIVES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				CDBG program was established under Title I of the Housing and Community
				Development Act of 1974, as amended, to assist communities in providing
				essential community facilities, providing decent housing for residents,
				promoting economic development, and maintaining a suitable living
				environment.
B. State and national
				objectives of the CDBG program require that assistance be made available for
				activities that address at least one of the following, which are described in
				greater detail in
				2.110.2.16
				NMAC:
(1) benefit principally low and
				moderate income families;
(2) aid
				in the prevention or elimination of slums or blight;
(3) meet other community development needs of
				recent origin having a particular urgency because existing conditions pose a
				serious and immediate threat to the health and welfare of the community where
				other financial resources are not available to meet such needs.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 2 - SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT › Section 2.110.2.10 - ELIGIBLE APPLICANTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				counties, incorporated municipalities, and New Mexico mortgage finance
				authority (MFA) are eligible to apply except: the city of Albuquerque, the city
				of Farmington, the city of Las Cruces, the city of Santa Fe and the city of Rio
				Rancho which cannot apply since they receive funding directly from the
				department of housing and urban development (Title I, Section 106) as
				entitlement cities.
B. Other
				entities such as water associations, sanitation districts, land grants, public
				nonprofit groups, council of governments, mutual domestic water consumer
				associations, etc., cannot apply directly for assistance, other than planning
				grants.
C. However, these entities
				may be involved in the execution of an approved CDBG project if the eligible
				applicant chooses to operate the program through such an entity under a
				contractual agreement.
D. Indian
				pueblos and tribes receive funding directly from the department of housing and
				urban development (Title I, Section 107). Native American tribes are encouraged
				to submit applications to the Albuquerque HUD Office of Native American
				Programs, 201 3rd St., N.W., Suite 1830, Albuquerque, New Mexico 87102-3368,
				(505) 346-6923.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 2 - SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT › Section 2.110.2.11 - ELIGIBLE ACTIVITIES/CATEGORIES

Current through Register Vol. 35, No. 13, July 16, 2024
Applicants may apply for funding assistance under the
				  following categories:
A.
Community infrastructure:
Eligible activities may include, but are
				not limited to:
(1) real property
				acquisition;
(2) construction or
				rehabilitation of the following:
(a) water
				systems;
(b) sewer
				systems;
(c) municipal
				utilities;
(d) roads;
(e) streets;
(f) highways;
(g) curbs;
(h) gutters;
(i) sidewalks;
(j) storm sewers;
(k) street lighting;
(l) traffic control devices;
(m) parking facilities;
(n) solid waste disposal
				facilities.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 2 - SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT › Section 2.110.2.12 - OTHER ELIGIBLE ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Administrative costs associated with implementing a program such as preparing
				environmental reviews, and other costs for services are eligible
				activities.
B. Although the costs
				of conducting program audits are considered an eligible activity, it is
				recommended that they be paid by the applicant to expedite grant
				closeout.
C. Applicants may use
				fifteen percent of a CDBG grant for public facility program activities
				including:
(1) employment;
(2) crime prevention;
(3) child care;
(4) drug abuse prevention;
(5) education;
(6) energy conservation;
(7) welfare and recreation.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 2 - SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT › Section 2.110.2.13 - INELIGIBLE ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
The following are among the activities that are not eligible
				  for CDBG funding assistance:
A.
				construction or rehabilitation of buildings used for the general conduct of
				government, such as city halls or county courthouses; compliance with the
				Americans with Disabilities Act is an eligible activity;
B. general operation and maintenance expenses
				associated with public facilities or services;
C. income maintenance;
D. housing allowance payments and mortgage
				subsidies;
E. expenditures for the
				use of equipment or premises for political purposes, sponsoring or conducting
				candidates' meetings, engaging in voter registration, voter transportation or
				other political activities;
F.
				costs involved in the preparation of applications and securing of
				funding.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 2 - SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT › Section 2.110.2.14 - RURAL ALLOCATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				minimum of fifteen percent of the CDBG allocation will be awarded to rural
				counties and municipalities.
B.
				Rural applicants will compete for funding from the community infrastructure,
				housing, Colonias, and public facility capital outlay categories.
C. Rural and non-rural applicants will
				compete for funding from the economic development, emergency and planning
				categories.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 2 - SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT › Section 2.110.2.15 - PROGRAM PUBLIC PARTICIPATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Applicants must provide opportunities for public
				  participation in the development of community development goals, objectives,
				  and applications for funding assistance by undertaking the following
				  activities:
A. provide for and
				encourage citizen participation within their areas of jurisdiction with
				particular emphasis on participation by persons of low and moderate
				income;
B. provide citizens with
				reasonable and timely access to local meetings, information, and records
				relating to proposed and actual use of funds;
C. provide for technical assistance as
				determined by the applicant, groups and representatives of low and moderate
				income persons that request assistance in developing proposals; the level and
				type of assistance is to be determined by the applicant.
D. provide for public hearings to obtain
				citizen participation and respond to proposals and questions at all
				stages;
E. prior to selecting a
				project and submitting an application for CDBG funding assistance, conduct at
				least one public hearing for the following purposes:
(1) to advise citizens of the amount of CDBG
				funds expected to be made available for the current fiscal year;
(2) to advise citizens of the range of
				activities that may be undertaken with the CDBG funds;
(3) to advise citizens of the estimated
				amount of CDBG funds proposed to be used for activities that will meet the
				national objective to benefit to low and moderate income persons;
(4) to advise citizens of the proposed CDBG
				activities likely to result in displacement, and the unit of general local
				government's anti-displacement and relocation plans;
(5) to obtain recommendations from citizens
				regarding the community development and housing needs of the
				community:
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 2 - SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT › Section 2.110.2.16 - PROGRAM REQUIREMENTS FOR MEETING NATIONAL PROGRAM OBJECTIVES

Current through Register Vol. 35, No. 13, July 16, 2024
Each CDBG application must meet at least one of the following
				  three national objectives.
A. Low and
				moderate income benefit - an activity identified as principally benefiting
				fifty one percent persons of low and moderate income will be considered
				eligible only if it meets one of the following criteria:
(1) the activity must be carried out in a
				neighborhood or area consisting predominantly of persons of low and moderate
				income and provide services to such persons; or
(2) the activity must involve facilities
				designed for use by a specific group of people or clientele predominantly of
				low and moderate income; or
(3) the
				activity must add or improve permanent residential structures that will be
				occupied by low and moderate income households upon completion; or
(4) the activity must involve creating or
				retaining jobs, the majority of which must be for persons of low and moderate
				income.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 2 - SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT › Section 2.110.2.17 - APPLICATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Number
				of applications - all eligible applicants may submit one application for CDBG
				funding assistance in the community infrastructure, public facility capital
				outlay, or Colonias categories.
B.
				Planning applicants may submit at any time an additional planning application
				that shall not exceed fifty thousand dollars ($50,000).
C. Applications for the economic development
				and emergency categories may be submitted at any time and shall be limited to a
				maximum of five hundred thousand dollars ($500,000.00) for applications without
				certified cost estimates; and a maximum of seven hundred fifty thousand dollars
				($750,000.00) for applications accompanied by a certified cost estimate from an
				engineer, architect, or landscape architect licensed to do business in the
				State of New Mexico, which must be certified no more than 120 days prior to
				application submission.
D. Counties
				may submit multiple applications for planning grants on behalf of eligible
				applicants.
E. Planning, economic
				development, and emergency applications may be submitted even if the applicant
				has not completed previously awarded CDBG projects.
F. Single purpose application -an application
				must be limited to a project specific activity or set of activities that
				address a particular need in a designated target area of a unit of local
				government.
G. Joint applications -
				Joint applications are allowed when two or more eligible applicants within
				reasonable proximity of each other wish to address a common problem.
(1) Joint applications must satisfy certain
				criteria found in federal rules and must receive division approval prior to
				submitting an application for funding assistance.
(2) One community will be designated to serve
				as the lead applicant and will be subject to administrative requirements and to
				the application limit requirements.
(3) Other parties to the joint application
				may submit another application.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 2 - SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT › Section 2.110.2.18 - APPLICATION SUBMISSION PROCEDURES AND CONTENT

Current through Register Vol. 35, No. 13, July 16, 2024
The application packet provided by the division must be
				  used. It is only necessary to answer the questions on the application that
				  pertain to the relevant single project category.
A. An applicant must submit an original (hard
				copy) and two separate electronic copies of each application to the division,
				and one electronic copy to the appropriate council of governments.
B. Applications for community infrastructure,
				housing and public facility capital outlay must be date stamped by the division
				on or before 5:00 p.m. on the designated application deadline. Applications
				received after that time will not be processed.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 2 - SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT › Section 2.110.2.20 - SELECTION OF CDBG GRANTEES BY COUNCIL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Division staff will present its
				recommendation to the council at least seven days prior to each allocation
				meeting.
(1)Staff recommendation will present
				projects in high, medium and low groupings.
(2)Staff recommendation will include specific
				funding allocation amount to each project, within total available
				funds.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 2 - SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT › Section 2.110.2.21 - REVERSIONS, SUPPLEMENTAL FUNDING AND UNDERRUNS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Decision of the division to impose special
				conditions or fiscal agent requirements - if a CDBG award is provided to a
				grantee that has deficiencies identified in the audit(s) approved by the state
				auditor's office, the division reserves the right to impose special conditions
				or fiscal agent requirements dependent upon the specific findings or opinions
				as described in the audit(s).
B.
				Decision by the council to revert funds - if, within 12 months of a CDBG award
				for a project by the council, the CDBG award has not resulted in a signed grant
				agreement between the division and the applicant or the applicant has not made
				adequate progress on the project or the council determines there was fraud or
				misrepresentation regarding the project by the applicant, the division may
				recommend to the council to revert all or part of the award and the council may
				vote to revert all or part of the award. The applicant shall receive written
				notice from the division of the council's decision to revert all or part of
				award by certified mail. The applicant may appeal, in writing, the council's
				decision to revert all or part of the award within 30 days of receipt of the
				written notice of the council's decision. The appeal of the council's decision
				by the applicant shall be held at a council meeting no later than 90 days from
				the council's receipt of the written appeal. The council's decision on the
				appeal of the reversion shall be final. The council may grant the applicant a
				reasonable period of time to cure the particular default that was the basis of
				the reversion. At the end of the cure period, the council shall vote again on
				the issue of the reversion and this decision shall be final.
C. Reversions and supplemental funding - When
				funds are reverted from a previously approved project grant or additional funds
				are made available for any other reason, the council may decide that the funds
				will:
(1) be added to the emergency
				fund;
(2) be returned to the
				category of the program from which it was awarded;
(3) go into any other category; or
(4) take other action as deemed
				appropriate.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 2 - SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT › Section 2.110.2.22 - PROGRAM INCOME

Current through Register Vol. 35, No. 13, July 16, 2024
A. Grantees
				must pay CDBG program income to the state, except that grantees will be
				permitted to retain program income only if they always use the income for CDBG
				eligible activities upon council approval of a program income utilization
				plan.
B. Program income received by
				the state will be placed in the economic development category.
C. Program income retained by grantees shall
				be used to fund CDBG eligible activities and must meet CDBG
				requirements.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 2 - SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT › Section 2.110.2.23 - CITIZEN ACCESS TO RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
Citizens and units of general local government will be
				  provided with reasonable access to records regarding the past use of CDBG
				  funds.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 2 - SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT › Section 2.110.2.24 - NM COMMUNITY ASSISTANCE FUNDS

Current through Register Vol. 35, No. 13, July 16, 2024
The council will allocate and administer New Mexico community
				  assistance underrun funds in accordance with the provisions of the Community
				  Assistance Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 2 - SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT › Section 2.110.2.25 - MEETING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Special
				meetings. Special meetings of the council may be called by a majority of the
				council members or the chairperson of the council, and will be held at the time
				and place fixed by the division.
B.
				Notice. Written notice stating the time, place and, if a special meeting, the
				purpose, will be delivered either personally, by mail, or email by the
				division, to each council member at least 72 hours before the scheduled date of
				the meeting. The meeting notice and agenda will be available to the public and
				posted on the department of finance and administration web site. The council
				may establish dates and times for regularly scheduled meetings.
C. Quorum. A majority of the current members
				of the council in attendance either in person or by telephone will constitute a
				quorum at council meetings.
D.
				Record of meetings. The meeting shall be recorded and the division shall have
				the minutes made into a written record. The original of this record shall be
				retained by the division and a copy shall be forwarded to the council members.
				Copies shall be available upon request.
E. Participation methods. A member of council
				may participate in a meeting of the council by means of a conference telephone
				or other similar communications equipment when it is otherwise difficult or
				impossible for the member to attend the meeting in person, provided that each
				member participating by conference telephone can be identified when speaking,
				all participants are able to hear each other at the same time and members of
				the public attending the meeting are able to hear any member of the council who
				speaks during the meeting.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 2 - SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT › Section 2.110.2.26 - ECONOMIC DEVELOPMENT PROGRAM GUIDELINES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Goals and objectives:
The
				state's CDBG economic development goals and objectives include:
(1) creating or retaining jobs for low - and
				moderate-income persons;
(2)
				preventing or eliminating slum areas and blighted areas;
(3) meeting urgent needs;
(4) creating or retaining businesses owned by
				community residents;
(5) assisting
				businesses that provide goods or services needed by, and affordable to low -
				and moderate-income residents;
(6)
				providing technical assistance to promote any of the activities under Paragraph
				(1) through (5) of Subsection A of 2.110.2.26 NMAC.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 3 - LAW ENFORCEMENT PROTECTION FUND DISTRIBUTION › Section 2.110.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules and regulations shall apply to all governmental
				  entities that have participated in and received money from the fund or that
				  expect to qualify to participate in the annual distribution of the
				  fund.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 3 - LAW ENFORCEMENT PROTECTION FUND DISTRIBUTION › Section 2.110.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The division makes these rules pursuant to the authority of
				  the Law Enforcement Protection Fund Act, being Sections
				  29-13-1
				  through
				  29-13-9
				  NMSA 1978, as amended.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 3 - LAW ENFORCEMENT PROTECTION FUND DISTRIBUTION › Section 2.110.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 27, 2017, unless a different date is cited at the
				  end of a section or paragraph.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in brackets.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 3 - LAW ENFORCEMENT PROTECTION FUND DISTRIBUTION › Section 2.110.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules and regulations provide procedures for applying
				  for participation in the annual distribution of the fund and clarify the
				  eligible uses of the fund.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 3 - LAW ENFORCEMENT PROTECTION FUND DISTRIBUTION › Section 2.110.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Academy"
means the New Mexico law enforcement academy.
B.
"Accumulation"
means holding
				funds from year to year to create a balance at the governmental entity
				level.
C.
"Applicant"
means any governmental entity allowed by law to seek participation in the
				distribution from the fund.
D.
"Carryover"
means, with the written approval of the division,
				retaining an unexpended award amount remaining at the end of one fiscal year
				and applying it to the immediately succeeding fiscal year only.
E.
"Division"
means the local
				government division of the department of finance and administration.
F.
"Fund"
means the law
				enforcement protection fund created in the Law Enforcement Protection Fund Act,
				as amended.
G.
"Governmental
				entity"
means the academy, a municipality, university, tribe or pueblo
				located wholly or partly in New Mexico, or a county.
H.
"Tribal police department"
means any tribal or pueblo police department that has entered into an agreement
				with the department of public safety pursuant to Section
				29-1-11
				NMSA 1978. The law enforcement agencies of the bureau of Indian affairs do not
				qualify because they are federal agencies.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 3 - LAW ENFORCEMENT PROTECTION FUND DISTRIBUTION › Section 2.110.3.8 - ELIGIBLE USES OF FUND

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				fund shall be used only for the purposes set forth in the Law Enforcement
				Protection Fund Act, as amended, including but not limited to Section
				29-13-7
				NMSA 1978.
B. Eligible expenditures
				may include but are not limited to:
(1) law
				enforcement equipment;
(2) guns,
				holsters, surveillance equipment, vehicles, uniforms, belts, badges and related
				apparatus to be used by law enforcement personnel;
(3) computers, printers, phones, fax
				machines, copy machines, software and projectors which are used by sheriffs or
				police officers;
(4) advanced law
				enforcement training manuals;
(5)
				advanced law enforcement planning and training in New Mexico or out of New
				Mexico if a comparable level of training is not available;
(6) purchasing, certifying and training of
				dogs in K-9 units;
(7) purchase of
				law enforcement equipment, including protective vests, for police
				dogs;
(8) mileage and per diem for
				advanced law enforcement training or planning;
(9) conferences associated with advanced law
				enforcement training and planning; and
(10) for the academy, providing tourniquet
				and trauma kits and training on the use of tourniquet and trauma
				kits.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 3 - LAW ENFORCEMENT PROTECTION FUND DISTRIBUTION › Section 2.110.3.9 - PROCEDURES FOR LAW ENFORCEMENT PROTECTION FUND DISTRIBUTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. All applicants
				must use the forms prescribed by the division, which will be available on the
				division's website by March 1. It is the ultimate responsibility of each
				governmental entity to ensure they receive an application.
B. Every governmental entity seeking to
				participate in the distribution of the fund shall submit an application to the
				division by March 31. Late applications will not be considered absent a showing
				of unusual circumstances. The division director shall review the unusual
				circumstances associated with any late applications and determine whether the
				division will accept the late application.
C. Sufficient and accurate information shall
				be given on each application to establish the need and eligibility for funds.
				The division reserves the right to request further information if the division
				receives an incomplete application; however, the division is not obligated to
				make such requests. Incomplete applications shall be given 10 days from the
				date of notification from the division to complete the application. Late
				applications that are incomplete may be given less than 10 days from the date
				of notification to complete the application, if necessary for the division to
				comply with the timeline established in these rules, in the discretion of the
				division director.
D. The
				application must be signed by the chief law enforcement officer and head of the
				governmental entity certifying that the information is accurate.
E. On or before April 15, the division shall
				consider and determine the needs of the applicants.
F. On or before May 1, the division shall
				notify each applicant in writing of the amount of distribution the applicant
				will receive. The division's decision will be based on Section
				29-13-4
				NMSA 1978, as amended.
(1) Any applicant may
				appeal the division's decision by filing a written notice of appeal with the
				secretary of finance and administration no later than May 15.
(2) The secretary of finance and
				administration shall review the division's determination in an informal and
				summary proceeding and shall certify the result of the appeal to the division
				no later than June 30. The division shall adjust its determination if the
				secretary of finance and administration approves the appeal.
(3) If no appeal is filed, the determination
				of the division shall be final and binding on May 15 and not subject to further
				review.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 3 - LAW ENFORCEMENT PROTECTION FUND DISTRIBUTION › Section 2.110.3.10 - LIMITATIONS OF USES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Amounts
				distributed from the fund shall be:
(1)
				expended only for the specific purposes as stated in the approved application;
				and
(2) expended pursuant to
				approved budgets and upon duly executed vouchers.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 4 - LOCAL DWI GRANT AND DISTRIBUTION OF CERTAIN DWI GRANT PROGRAM FUNDS › Section 2.110.4.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Department of Finance and Administration, Local Government
				  Division.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 4 - LOCAL DWI GRANT AND DISTRIBUTION OF CERTAIN DWI GRANT PROGRAM FUNDS › Section 2.110.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				Local DWI Grant Program Act, being Sections
				11-6A-1
				through
				11-6A-6
				NMSA 1978, as amended, provides for the local DWI grant program to be
				established by the local government division of the department of finance and
				administration to award grants to municipalities and counties for:
(1) new, existing innovative or model
				programs, services and activities to prevent or reduce the incidence of DWI,
				alcoholism, alcohol abuse; and
(2)
				programs, services and activities to prevent or reduce the incidence of
				domestic abuse related to DWI, alcoholism, alcohol abuse. The DWI grant council
				is created to receive applications, consider grant requests and award DWI
				grants pursuant to the act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 4 - LOCAL DWI GRANT AND DISTRIBUTION OF CERTAIN DWI GRANT PROGRAM FUNDS › Section 2.110.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 17, 2017 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 4 - LOCAL DWI GRANT AND DISTRIBUTION OF CERTAIN DWI GRANT PROGRAM FUNDS › Section 2.110.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish procedures for the local DWI grant program
				  applications and the distribution of certain local DWI grant program
				  funds.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 4 - LOCAL DWI GRANT AND DISTRIBUTION OF CERTAIN DWI GRANT PROGRAM FUNDS › Section 2.110.4.8 - ELIGIBLE APPLICANTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Eligible applicants include all counties and all incorporated municipalities
				that join with the county in which they are located to participate in the
				proposed application, or any combination of two or more counties and the
				incorporated municipalities within the boundaries of the counties.
B. The council shall make grants only to
				counties or municipalities in counties that have established a local DWI
				planning council and adopted a county DWI plan or are parties to a multi-county
				DWI plan that has been approved by each applicable board and county DWI
				planning council pursuant to Section
				43-3-15 NMSA
				1978, as amended.
C. Pueblo and
				tribal governments and non-profit organizations are not eligible to apply
				directly under the grant and distribution programs. These entities are
				encouraged to participate in the county DWI planning council process.
D. Municipalities may apply for funding if
				they are officially designated as fiscal agent for their county by resolution
				of the applicable county board.
E.
				For multi-county applicants within reasonable geographic proximity to one
				another, a lead county or municipality must be identified to administer the
				project.
F. County DWI planning
				councils must have provided each municipality and tribal government within the
				county the opportunity to participate in the development of the application.
				Documentation of the applicant's efforts to acquire municipal or tribal
				government participation and endorsement must be presented with the
				application.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 4 - LOCAL DWI GRANT AND DISTRIBUTION OF CERTAIN DWI GRANT PROGRAM FUNDS › Section 2.110.4.9 - ELIGIBLE PROGRAMS, SERVICES OR ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
These include the following:
A. New, existing innovative or model
				programs, services, or activities of any kind designed to prevent or reduce the
				incidence of DWI, alcoholism or alcohol abuse. As provided in the definitions
				set forth in these regulations, areas suggested for programs and activities are
				prevention, enforcement, education, screening, treatment, compliance
				monitoring/tracking, alcohol related domestic violence, or alternative
				sentencing including programs that combine incarceration, treatment and
				aftercare, to prevent or reduce the incidence of DWI, alcoholism, alcohol abuse
				or domestic abuse related to DWI, alcoholism or alcohol abuse.
B. Existing community-based programs,
				services, or facilities for prevention, screening, and treatment of alcoholism
				and alcohol abuse, which demonstrate effective model approaches to prevent or
				reduce the incidence of DWI, alcoholism, alcohol abuse or domestic abuse
				related to DWI, alcoholism or alcohol abuse.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 4 - LOCAL DWI GRANT AND DISTRIBUTION OF CERTAIN DWI GRANT PROGRAM FUNDS › Section 2.110.4.10 - APPLICATION LIMITATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Distribution programs shall be limited to the county's projected year's
				distribution amount determined by the distribution formula as contained in
				Section
				11-6A-6
				NMSA 1978, as amended.
B. Grant
				programs shall be limited to programs, services or activities that meet the
				requirements of Subsection C of Section
				11-6A-3
				NMSA 1978, as amended.
C.
				Applicants are required to limit the time period of the application as follows:
(1) distribution programs and yearly grant
				programs are limited to the 12 month fiscal year; and
(2) multi-year grant programs are limited to
				no more than 36 months; all multi-year requests must be for projects,
				activities, or services that support or complement existing DWI efforts and are
				reasonably anticipated to extend beyond one year.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 4 - LOCAL DWI GRANT AND DISTRIBUTION OF CERTAIN DWI GRANT PROGRAM FUNDS › Section 2.110.4.11 - NUMBER OF APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
To ensure the most efficient and effective use of grant
				  program and distribution program funds, applications are limited as
				  follows:
A. Number of applications -
				One application per county per grant and distribution program. A county may
				apply for the funding of a distribution program and a grant program to be
				implemented in the same fiscal year.
B. Multi-county applications - Two or more
				counties, within reasonable geographic proximity to each other, may submit a
				joint application. Parties to a joint application are limited to participation
				in one distribution program and one grant program.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 4 - LOCAL DWI GRANT AND DISTRIBUTION OF CERTAIN DWI GRANT PROGRAM FUNDS › Section 2.110.4.12 - INELIGIBLE ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Capital
				outlay expenditures are limited to 10 percent of the total grant or
				distribution amount.
B. Land or
				building/facility acquisition with DWI grant or distribution funds is not
				allowed, except that programs eligible for alcohol detoxification grants
				pursuant to Subsection D of Section
				11-6A-3
				NMSA 1978 may request approval for land or building/facility
				acquisition.
C. Use of grant or
				distribution funds to pay for indirect administrative costs for DWI programs is
				not allowed in the grant or distribution programs, except that indirect
				administrative costs may be counted towards in-kind resources match.
				Administrative costs in direct support of programs may be budgeted in the
				direct program portion of the budget.
D. Supplantation - Grant or distribution
				program funds shall not be used to supplant other existing funds, but can be
				used for new, expanded, supplemental or complementary DWI activities.
E. Cash accumulations - Distribution program
				funding shall be obligated or encumbered in binding third-party obligations for
				council-approved programs, activities or services delivered in the fiscal year
				of the distribution. No distribution program funds may be accumulated beyond
				the fiscal year.
F. Cash transfers
				- Grant or distribution program funds will not be transferred by the county or
				the municipality designated by the county as fiscal agent to other funds in the
				fiscal agents' budget from the fiscal agent's established, separate local DWI
				grant and distribution fund.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 4 - LOCAL DWI GRANT AND DISTRIBUTION OF CERTAIN DWI GRANT PROGRAM FUNDS › Section 2.110.4.13 - APPLICATION PROCEDURES, FORM AND CONTENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Applications for grant and distribution
				program funds shall conform to application instructions determined by the
				division, including an original signed cover sheet.
B. In the event that an application is
				incomplete or requires modification, the applicant will be promptly notified by
				the division. The applicant must then immediately submit the information or
				modification requested. Applicants that do not respond in writing in the
				timeframe established by the division may be disqualified.
C. The applicant's governing body must
				authorize the county or municipality designated as fiscal agent for the county
				to submit the application by resolution.
D. The form and content of applications will
				be determined by the division.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 4 - LOCAL DWI GRANT AND DISTRIBUTION OF CERTAIN DWI GRANT PROGRAM FUNDS › Section 2.110.4.14 - APPLICATION REVIEW, RATING AND SELECTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The following review, rating and selection
				process will be used by the division for presentation to the council:
(1) Upon receipt of grant and distribution
				program applications, division staff shall review for eligibility, completeness
				and compliance. Additional information may be required and requested. The
				division may, in its discretion, consult appropriate experts for information
				and advice concerning technical aspects of any application.
(2) Division staff shall make recommendations
				to the council on the eligibility of distribution program applications
				considering compliance with these regulations and the act.
(3) Division staff shall rate grant program
				applications and present recommendations to the council based on the extent to
				which applicants meet program rating criteria.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 4 - LOCAL DWI GRANT AND DISTRIBUTION OF CERTAIN DWI GRANT PROGRAM FUNDS › Section 2.110.4.15 - REVERSIONS, SUPPLEMENTAL FUNDING AND UNDERRUNS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Reversions/supplemental funding - When
				funds are reverted from a previously-approved grant program project or
				distribution program award, or additional funds are made available for council
				award for any other reason, the council may:
(1) set aside the funds in a contingency
				fund; or
(2) take other action as
				deemed appropriate.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 4 - LOCAL DWI GRANT AND DISTRIBUTION OF CERTAIN DWI GRANT PROGRAM FUNDS › Section 2.110.4.16 - ADMINISTRATIVE PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				successful grant and distribution program applicants must adhere to state
				procurement laws, regulations and other procedures as established by the
				division, to ensure that all grant and distribution program funds are expended
				in accordance with state law.
B.
				All counties and municipalities designated by a county as a fiscal agent must
				set up a separate local DWI grant and distribution program fund in the county
				or municipality's budget. This fund must be included in the entity's budget
				process and financial reports.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 4 - LOCAL DWI GRANT AND DISTRIBUTION OF CERTAIN DWI GRANT PROGRAM FUNDS › Section 2.110.4.17 - SANCTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Grantee
				sanctions may include any administrative action authorized by the division
				director taken against a grant or distribution program for improper or
				inadequate performance or non-compliance with one or more condition(s) of the
				grant agreement, based on state program requirements, or failure to follow
				through on the approved DWI application, including the signed statement of
				assurances or the local DWI planning council approved plan. In each instance,
				to the extent possible under the circumstances, the sanctions imposed by the
				director will be intended first, to correct the deficiency; second, to mitigate
				any adverse effects or consequences of the deficiency; and third, to prevent
				recurrence of the same or similar deficiencies.
B. Examples of deficiencies include but are
				not limited to the following:
(1) failure to
				correct monitoring or audit findings;
(2) failure to document and report to the
				division in a timely manner all DWI expenditures of the grant or distribution
				programs;
(3) failure to implement
				the project in a timely fashion;
(4) lack of continuing capacity to administer
				the program;
(5) failure to execute
				planned activities in accordance with the grant agreement or the approved DWI
				application for distribution programs;
(6) failure to comply with the local DWI
				planning council approved plan; and
(7) implementation of a project change
				without prior division approval.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 4 - LOCAL DWI GRANT AND DISTRIBUTION OF CERTAIN DWI GRANT PROGRAM FUNDS › Section 2.110.4.18 - COUNCIL AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The council may at any time waive or adjust any requirement
				  imposed in these regulations so long as the council finds that the waiver or
				  adjustment is in the best interest of the state and that the waiver or
				  adjustment does not unduly penalize or favor any applicant or violate any state
				  law or other regulation.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 5 - JUVENILE ADJUDICATION FUND GRANTS TO LOCAL GOVERNMENTS › Section 2.110.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  34-16-1
				  NMSA 1978. Section 9-6-5(E) NMSA 1978.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 5 - JUVENILE ADJUDICATION FUND GRANTS TO LOCAL GOVERNMENTS › Section 2.110.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2011, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 5 - JUVENILE ADJUDICATION FUND GRANTS TO LOCAL GOVERNMENTS › Section 2.110.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. In 2009, the New
				Mexico legislature enacted Laws of 2009, Chapter 244, which created the
				juvenile adjudication fund and was compiled as Section
				34-16-1
				NMSA 1978. Money in the juvenile adjudication fund is appropriated to DFA to
				administer the fund and to provide an alternative adjudication process for
				juveniles charged with traffic offenses and other misdemeanors.
B. The objective of 2.110.5 NMAC is to
				establish a juvenile adjudication fund grant program to fund programs providing
				alternative procedures of adjudication for juveniles charged with traffic
				offenses and other misdemeanors.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 110 - LOCAL GOVERNMENT GRANTS › Part 5 - JUVENILE ADJUDICATION FUND GRANTS TO LOCAL GOVERNMENTS › Section 2.110.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Applicant"
means a county, municipality, or combination of two or
				more counties or municipalities that submits an application for a
				grant.
B.
"Alternative
				adjudication program"
means a program providing alternative procedures
				of adjudication for juveniles charged with traffic offenses and other
				misdemeanors. Teen courts are a type of alternative adjudication
				program.
C.
"Cash
				transfer"
means the transfer of funds by a grantee from an established,
				separate grant fund to other fund(s) in the grantee's budget.
D.
"Charged"
means accused of
				traffic offenses or other misdemeanors. It is not necessary for formal criminal
				proceedings to be initiated through issuance of a citation or otherwise for a
				juvenile to be charged for purposes of this rule.
E.
"Components"
means programs
				that are designed to address one or more specific traffic or other misdemeanor
				offenses or their underlying causes, including, but not limited to, programs
				addressing:
(1) substance abuse
				prevention;
(2)
				shoplifting;
(3) DWI;
(4) truancy;
(5) anger management;
(6) drivers education;
(7) counseling;
(8) team building;
(9) smoking cessation;
(10) tutoring;
(11) peer counseling;
(12) parental involvement; and
(13) teen parenting.