New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 51 - MUSEUM OF NEW MEXICO › Part 57 - GOVERNANCE OF THE PORTAL PROGRAM AT THE PALACE OF THE GOVERNORS STATE HISTORY MUSEUM › Section 4.51.57.14 - PARTICIPANT RULES

Current through Register Vol. 35, No. 13, July 16, 2024
Each participant shall accept and abide by these rules.
				  Failure to abide by these rules shall result in discipline, up to and including
				  suspension or termination from the program or ejection from the portal
				  committee. Each participant accepts the division's absolute right to require a
				  participant to leave the program area if the participant is not acting in a
				  manner consistent with these rules.
A.
				Participants shall only sell products that are Native American handmade except
				as expressly provided otherwise by these rules. In addition, participants shall
				comply with the quality and authenticity standards in
				4.51.57.16
				NMAC, the IACSA, and the federal Indian Arts and Crafts Act of 1990 (P.L.
				101-644).
B. A participant shall
				include the same maker's mark on all products offered for sale in the program
				by that participant. The maker's mark shall be approved and on file with the
				coordinator. The director or coordinator may issue a waiver from the
				requirement that all products include a maker's mark, giving exceptions to this
				rule, notably for some types of beadwork, extremely small pieces of metal
				jewelry, or pottery after consulting with the portal committee.
C. Each participant shall display his or her
				identity badge while selling in the program area or while engaged in other
				program activities. The first time a participant forgets the identity badge,
				the duty officer shall issue a warning and place it in the participant's file.
				The second time a participant forgets the identity badge is grounds for
				disciplinary action pursuant to
				4.51.57.15
				NMAC. Participants shall not use identity badges in a fraudulent or
				unauthorized manner. If a participant needs a new identity badge, the division
				shall charge a $5.00 replacement fee. Identity badges are the property of the
				division and shall be surrendered upon the division's request. Identity badges
				are not transferable.
D. No tables
				or elevated stands are permitted. A six inch height limit will be
				observed.
E. Participants shall not
				hang or place anything on walls or posts in the program area.
F. Participants shall keep their areas clean
				while vending and shall remove any trash in their area before they depart.
				Participants may not be absent from their space for more than one
				hour.
G. When vending in the
				program, participants may only use electronic devices, such as credit card
				machines, when such devices are required for a sale. Participants shall keep
				mobile electronic devices silent at all times and shall not talk on such
				devices. Participants shall leave the program area before using mobile
				devices.
H. Participants shall
				completely cover their products with a cloth when they leave their space,
				regardless of the participant's reason for leaving.
I. Participants shall be respectful of the
				public and not disrupt the program, pedestrians, participants, or division
				staff members.
J. Participants
				shall not possess, be influenced by, or use alcohol or illegal drugs in the
				program area.
K. Participants shall
				not possess weapons of any kind in the program area.
L. Participants may have an assistant who
				shall also be a participant and from the same household. The assistant shall
				sit with the participant within that participant's assigned space.
M. A participant shall not engage other
				participants who are not members of the participant's household to sell nor
				shall any participant solicit sales for another within the program
				area.
N. A participant shall only
				sell products demonstrated and approved as part of the participant's
				application process and products made by household members.
(1) Waivers: The director may allow a waiver
				of the requirement that all items sold by a participant be from the same
				household.
(2) Such waivers shall
				be written, issued for a limited, renewable time period, and granted only to
				those participants who for health reasons are no longer able to sell products
				in the program area and whose economic livelihood would otherwise be destroyed.
				In doing so, however, the director may stipulate such conditions or
				restrictions as are needed to ensure that the waiver is consistent with the
				intent of the program, preserving and exhibiting New Mexican Native American
				arts and crafts. The exceptions made in each case shall be considered unique to
				that case and not applicable to any other case.