reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 23 - PATIENT CARE MONITORING IN LONG TERM CARE FACILITIES › Section 9.2.23.11 - CONSENT OF PATIENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Consent to the authorization for the installation and use of a monitoring
				device may be given only by a patient or surrogate.
(1) If a patient has capacity to consent,
				only the patient may do so, notwithstanding the terms of any durable power of
				attorney, advance health-care directive, or similar instrument.
(2) If a patient does not have capacity to
				consent, only the patient's surrogate may give consent. If there is a dispute
				among surrogates within the same priority class under the Uniform Health-Care
				Decisions Act, none of them can give consent.
(3) A patient is presumed to have capacity to
				consent unless the patient has been determined to be incapacitated by a court
				of competent jurisdiction or by two qualified health-care professionals, one of
				whom shall be the primary physician, in accordance with the terms of the
				Uniform Health-Care Decisions Act.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 23 - PATIENT CARE MONITORING IN LONG TERM CARE FACILITIES › Section 9.2.23.12 - CONSENT OF ROOMMATES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Consent of a roommate to the installation and use of a monitoring device by a
				patient or surrogate may be given only by the roommate or the roommate's
				surrogate.
(1) If a roommate has capacity to
				consent, only the roommate may do so, notwithstanding the terms of any durable
				power of attorney, advance health-care directive, or similar
				instrument.
(2) If a roommate does
				not have capacity to consent, only the roommate's surrogate may give consent.
				If there is a dispute among surrogates within the same priority class under the
				Uniform Health-Care Decisions Act, none of them can give consent.
(3) A roommate is presumed to have capacity
				to consent unless the roommate has been determined to be incapacitated by a
				court of competent jurisdiction or by two qualified health-care professionals,
				one of whom shall be the primary physician, in accordance with the terms of the
				Uniform Health-Care Decisions Act.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 23 - PATIENT CARE MONITORING IN LONG TERM CARE FACILITIES › Section 9.2.23.13 - FORMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department
				shall prescribe forms for implementing the Patient Care Monitoring Act and this
				rule. No facility shall use any forms other than those prescribed by the
				department.
B. A facility shall
				maintain the original copies of all completed forms relating to a patient for
				at least three years from the date of the patient's discharge from the
				facility. The forms shall be accessible to the program at all times.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 23 - PATIENT CARE MONITORING IN LONG TERM CARE FACILITIES › Section 9.2.23.14 - AUTHORIZATION FORM

Current through Register Vol. 35, No. 13, July 16, 2024
The form for the authorization of installation and use of a
				  monitoring device shall provide for:
A. consent of the patient or surrogate
				authorizing the installation and use of the monitoring device;
B. notice to the facility of the patient's
				installation of a monitoring device and specifics as to its type, function and
				use;
C. consent of any roommate, or
				that roommate's surrogate;
D.
				notice of release from liability for privacy violation through the use of the
				monitoring device; and
E. waiver of
				the patient's right to privacy in conjunction with the use of the monitoring
				device.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 23 - PATIENT CARE MONITORING IN LONG TERM CARE FACILITIES › Section 9.2.23.15 - UNAUTHORIZED USE

Current through Register Vol. 35, No. 13, July 16, 2024
In any civil action against the facility, material obtained
				  through the use of a monitoring device may not be used if the monitoring device
				  was installed or used without the knowledge of the facility or without the
				  prescribed form.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 23 - PATIENT CARE MONITORING IN LONG TERM CARE FACILITIES › Section 9.2.23.16 - IMMUNITY

Current through Register Vol. 35, No. 13, July 16, 2024
Compliance with the provisions of the Patient Care Monitoring
				  Act shall be a complete defense against any civil or criminal action brought
				  against the patient, surrogate or facility for the use or presence of a
				  monitoring device.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 23 - PATIENT CARE MONITORING IN LONG TERM CARE FACILITIES › Section 9.2.23.17 - NOTICE TO CURRENT PATIENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Within six months of the effective date of the Patient Care
				  Monitoring Act, all facilities shall provide to each patient or surrogate a
				  form prescribed by the department explaining the provisions of the Patient Care
				  Monitoring Act and giving each patient or surrogate a choice to have a
				  monitoring device installed in the patient's room. Copies of the completed form
				  shall be kept by the facility and shall be made accessible to the
				  program.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 23 - PATIENT CARE MONITORING IN LONG TERM CARE FACILITIES › Section 9.2.23.18 - NOTICE OF MONITORING DEVICE

Current through Register Vol. 35, No. 13, July 16, 2024
The facility shall post a notice in a conspicuous place at
				  the entrance to a room with a monitoring device that a monitoring device is in
				  use in that room of the facility. The notice shall be posted at the facility's
				  expense and shall state in English and Spanish: "WARNING: THIS ROOM IS
				  MONITORED ELECTRONICALLY."
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 23 - PATIENT CARE MONITORING IN LONG TERM CARE FACILITIES › Section 9.2.23.19 - PROHIBITED ACTS

Current through Register Vol. 35, No. 13, July 16, 2024
No person or patient shall be denied admission to or
				  discharged from a facility or be otherwise discriminated against or retaliated
				  against because of a choice to authorize installation and use of a monitoring
				  device. Any person who violates this section shall be subject to the provisions
				  of Section
				  28-17-19 NMSA 1978 and Rule 9.2.21
				  NMAC.
A. The civil penalty for denying
				a person admission to a facility or for discharging a patient from a facility
				in violation of this section shall be $10,000 per occurrence.
B. The minimum civil penalty for failing to
				accommodate the installation of a monitoring device, in violation of Section
				9.2.23.10 of this rule, shall be $1,000.
C. The minimum civil penalty for any person
				other than a patient or surrogate interfering with the use of a monitoring
				device or destroying a recording made by a monitoring device shall be
				$1,000.
D. The minimum civil
				penalty for failing to refund a damage deposit in accordance with the terms of
				Section 9.2.23.10 of this rule shall be $500.
E. The civil penalties for other forms of
				discrimination or retaliation that violate this section shall be determined in
				a manner consistent with Rule 9.2.21 NMAC.
F
Except for
				  violations of Subsections B, C and D of this section, it is irrelevant whether
				  the installation or use of a monitoring device was authorized in accordance
				  with the terms of the Patient Care Monitoring Act and this
				  rule.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 23 - PATIENT CARE MONITORING IN LONG TERM CARE FACILITIES › Section 9.2.23.20 - CRIMINAL ACTS

Current through Register Vol. 35, No. 13, July 16, 2024
Any person other than a patient or surrogate found guilty of
				  intentionally hampering, obstructing, tampering with or destroying a monitoring
				  device or a recording made by a monitoring device installed in a facility
				  pursuant to the Patient Care Monitoring Act is guilty of a fourth degree felony
				  and shall be sentenced pursuant to Section
				  31-18-15 NMSA
				  1978.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 24 - THE ADMINISTRATION OF THE CONTINUING CARE ACT › Section 9.2.24.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is adopted by authority of the secretary pursuant to Subsection E of Section  9-23-6 NMSA 1978, by authority of the Continuing Care Act, Sections  24-17-1 through  24-17-18 NMSA 1978, and by authority of the department pursuant to Subsection B of Section  28-4-6 NMSA 1978.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 24 - THE ADMINISTRATION OF THE CONTINUING CARE ACT › Section 9.2.24.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 26, 2022, unless a later date is cited in the history note at the end of a section.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 24 - THE ADMINISTRATION OF THE CONTINUING CARE ACT › Section 9.2.24.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is promulgated for the purpose of administering certain provisions of the Continuing Care Act, Sections  24-17-1 through  24-17-18 NMSA 1978, and for establishing the terms and conditions under which continuing care communities may increase the rates and fees they charge residents pursuant to Paragraph (11) of Subsection B of Section  24-17-5 NMSA 1978.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 24 - THE ADMINISTRATION OF THE CONTINUING CARE ACT › Section 9.2.24.8 - RATE AND FEE INCREASES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A continuing care contract shall state, in clear and understandable language, when rates and fees will be subject to periodic increases and what the policy for increases will be. The contract shall include the policy for increases and shall clearly indicate which of the four factors referenced in Subsection C of 9.2.24.8 NMAC it will utilize for rate and fee increases.
B. A continuing care community shall give residents at least 30 days advance written notice of any rate or fee increase.
C. A continuing care community shall base rate and fee increases on one or more of the following four factors referenced in its contract and policy, and no others:
(1) economic necessity as defined in Subsection G of 9.2.24.7 NMAC;
(2) the reasonable cost of operating the continuing care community as referenced in 9.2.24.9 NMAC;
(3) the cost of care as referenced in 9.2.24.10 NMAC; and
(4) a reasonable return on investment as referenced in 9.2.24.12 NMAC.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 24 - THE ADMINISTRATION OF THE CONTINUING CARE ACT › Section 9.2.24.9 - COST OF OPERATING THE CONTINUING CARE COMMUNITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. A continuing care community shall identify with reasonable specificity all costs of operating the continuing care community, including any fees paid to affiliated persons or entities.
B. Any unreasonable cost of operating the continuing care community shall be charged against the common stock equity of a for-profit corporation, or against a comparable measure of the assets less liabilities for any other type of business enterprise.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 24 - THE ADMINISTRATION OF THE CONTINUING CARE ACT › Section 9.2.24.10 - COST OF CARE INCREASES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Rate and fee increases based on cost of care increases for providing medical care or health-related supportive services to an individual resident shall be governed by any applicable terms of the continuing care contract. If there are no applicable terms, such rate and fee increases shall be considered general cost of care increases.
B. General cost of care increases shall be treated as an expense item by a continuing care community.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 24 - THE ADMINISTRATION OF THE CONTINUING CARE ACT › Section 9.2.24.11 - HISTORICAL AND CURRENT DATA

Current through Register Vol. 35, No. 13, July 16, 2024
A. A continuing care community shall base rate or fee increases on four years of historical data plus current fiscal year projections. However, the community may consider a deviation from historical data when exigent circumstances exist making the historical data inapplicable to the circumstances surrounding the need for the present increase.
B. A continuing care community that has been in operation for less than four years shall base rate or fee increases on historical data for the entire period it has been in operation plus current fiscal year projections.
C. A continuing care community shall make available to residents copies of any publicly available data used to support a rate or fee increase. Non-public data will be aggregated when permissible. The data shall be made available at the time the continuing care community gives notice of a rate or fee increase, and it shall be made available at no cost to the residents.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 24 - THE ADMINISTRATION OF THE CONTINUING CARE ACT › Section 9.2.24.12 - REASONABLE RETURN ON INVESTMENT AS IT PERTAINS TO RATE AND FEE INCREASES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A reasonable return on investment shall be determined by comparing the continuing care community's historical and current return on investment data to secondary market interest rate data published by the federal reserve board for 90-day United States treasury bills.
B. A return on investment consistently greater than six percentage points higher than the annual average secondary market interest rate on 90-day United States treasury bills shall be presumed to be unreasonable. The presumption is rebuttable.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 24 - THE ADMINISTRATION OF THE CONTINUING CARE ACT › Section 9.2.24.13 - ACCOUNTING DATA FOR RATE AND FEE INCREASES SHALL BE SPECIFIC TO THE CONTINUING CARE COMMUNITY

Current through Register Vol. 35, No. 13, July 16, 2024
A continuing care community shall base rate or fee increases on accounting data that is specific to the community. A continuing care community shall not base rate or fee increases on companywide data, statewide data, nationwide data, or any other accounting data that is not community specific.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 24 - THE ADMINISTRATION OF THE CONTINUING CARE ACT › Section 9.2.24.14 - EXISTING CONTRACTUAL PROVISIONS NOT ABROGATED

Current through Register Vol. 35, No. 13, July 16, 2024
This rule shall not abrogate any provision relating to rate and fee increases in a continuing care contract that is entered into prior to the effective date of this rule.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 24 - THE ADMINISTRATION OF THE CONTINUING CARE ACT › Section 9.2.24.15 - FINANCIAL RESERVES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Liquid Reserves:
(1) A community must maintain liquid reserves and the provider must disclose this information to ALTSD, and actual and prospective residents in its annual disclosure statement.
(2) The liquid reserves shall be sufficient to assure payment of debt obligations and an ongoing ability to provide services to residents.
(3) A community that provides a type A agreement shall, at all times, maintain liquid reserves equal to the principal and interest payments due for a 12-month period on all accounts of any mortgage loan and other long-term debt, as well as three months' worth of net operating expenses.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 24 - THE ADMINISTRATION OF THE CONTINUING CARE ACT › Section 9.2.24.16 - DISCLOSURE STATEMENT AND PROVIDER CERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Annual Disclosure Statement to ALTSD:
(1) No later than July 1, 2022, and each year thereafter, within 180 days after the end of a community's fiscal year, a provider shall submit a disclosure statement, any amendments to that statement, and any proposed corrective action plan to ALTSD. The annual disclosure statement shall include, at a minimum, all information delineated in Subsection B of Section  24-17-4 NMSA 1978 and the information delineated in Paragraphs (2) and (3) of Subsection A of 9.2.24.16 NMAC. Submittal is completed electronically to ALTSD by emailing ALTSD.CCRC@state.nm.us. In the event a fillable template is created by ALTSD for submission of disclosure statements, providers shall use the ALTSD template. ALTSD shall notify providers when a template is available for use and provide instructions for accessing it.
(2) The disclosure statement shall include the extent of any guarantee or cross collateralization if a provider guarantees the debt of another legal entity or otherwise cross collateralizes its assets for the benefit of another legal entity.
(3) Pursuant to Paragraph (13) of Subsection B of Section  24-17-4 NMSA 1978, the disclosure statement shall include a sample copy of the contract used by the provider. The sample contract shall include all the minimum requirements of a continuing care contract as prescribed by Subsection B of Section  24-17-5 NMSA 1978.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 24 - THE ADMINISTRATION OF THE CONTINUING CARE ACT › Section 9.2.24.17 - ACTUARIAL STUDIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Continuing care communities that provide type A or type B agreements shall include in their annual disclosure to ALTSD, as well as to actual and prospective residents, a summary of a comprehensive actuarial analysis within the last five years and an annual future-service obligation calculation by an actuary who is a member of the American academy of actuaries and who is experienced in analyzing continuing care communities.
B. The provider shall include with the actuarial analysis and annual future-service obligation calculation, as required by Subsection A of 9.2.24.17 NMAC and the Continuing Care Act, a certification signed by the actuary that they are a member of the American academy of actuaries and that they are experienced in analyzing continuing care communities.
C. A provider shall make available to the actuary, who is responsible for the comprehensive actuarial analysis and future service obligation, a copy of this rule and a copy of the Continuing Care Act, specifically Paragraph (11) of Subsection B of Section  24-17-4 NMSA 1978.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 24 - THE ADMINISTRATION OF THE CONTINUING CARE ACT › Section 9.2.24.18 - NOTICE OF VIOLATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. ALTSD shall review disclosure statements and corrective action plans filed pursuant to the Continuing Care Act for compliance with the Act and with these rules. After its initial review, if ALTSD has any questions regarding the submissions, then it may contact the provider to gather clarification and informally discuss its questions.
B. If ALTSD determines that a person or an organization has engaged in, or is about to engage in, an act or practice constituting a violation of the Continuing Care Act or any rule adopted pursuant to the Act, then ALTSD shall issue a notice of violation in writing to that person or organization and send copies to the resident association of any facility affected by the notice.
C. The notice of violation shall state the following:
(1) a description of the violation at issue;
(2) the action that, in the judgment of ALTSD, the provider should take to conform to the law or the assurances that ALTSD requires to establish that no violation is about to occur;
(3) the compliance date by which the provider shall correct any violation or submit assurances;
(4) the requirements for filing a report of compliance; and
(5) the applicable sanctions for failure to correct the violation or failure to file the report of compliance according to the terms of the notice of violation.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 3 - GENDER › Part 2 - GOVERNORS CAREER DEVELOPMENT CONFERENCE FOR WOMEN › Section 9.3.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Since 1978, the
				governors of New Mexico have recognized the important roles served by women in
				state government and have actively supported the governor's career development
				conference for women. The purpose of the conference is to enable women to meet
				and exchange ideas on a broad range of subjects which will further goals of
				career and personal development and serve to foster career development; to help
				women become aware of career possibilities and define their personal interests,
				abilities and goals as they relate to career mobility; to assist women in
				finding resources to prepare themselves mentally, physically and emotionally
				for mobility; and to help women become a viable force in career areas and
				assist them in developing support systems. In addition, for the women who are
				members of the steering committee, the purpose is to develop leadership skills
				and to provide experience and confidence in their abilities.
B. The conference shall maintain a
				nonpartisan posture and shall provide for representation of all state agencies
				in the three branches of government on the steering committee.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 3 - GENDER › Part 2 - GOVERNORS CAREER DEVELOPMENT CONFERENCE FOR WOMEN › Section 9.3.2.8 - ORGANIZATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The conference
				shall consist of:
(1) the steering committee,
				composed of a representative or representatives and alternates from all state
				agencies; provided, however, that small agencies and boards and commissions
				shall have one representative and alternate which represent them in the
				aggregate;
(2) the steering
				committee composition may be changed to allow for greater participation or
				representation among agencies;
(3)
				the executive committee, composed of the elected officers, secretary and
				treasurer of the conference and the chairwomen of the planning subcommittees;
				and
(4) the planning subcommittees,
				composed of steering committee members appointed by the chairwoman. Planning
				subcommittees shall be created at the discretion of the chairwoman, but shall
				be sufficient to assure that the basic needs of the conference are met in the
				areas of arrangements, registration, publicity, publications, workshops and
				data evaluation.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 3 - GENDER › Part 2 - GOVERNORS CAREER DEVELOPMENT CONFERENCE FOR WOMEN › Section 9.3.2.9 - OFFICERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The chairwoman
				and vice chairwoman are the elected officers of the conference. The spouse of
				the governor shall be the honorary chairwoman.
B. The chairwoman and vice chairwoman shall
				serve no more than one year in the respective office and shall not again be
				eligible for elected office. To provide continuity, the vice chairwoman shall
				become the chairwoman for the succeeding year. The one-year term of office for
				elected officers shall be from January 1 to December 31. In addition to
				planning and presenting the conference, the elected officers are responsible
				for closing all conference business and commitments prior to the planning for
				the subsequent year's conference.
C. The chairwoman shall appoint a secretary
				and treasurer. The secretary shall be responsible for writing and mailing
				minutes of the executive and steering committee meetings and for performing
				other duties required by the chairwoman. The treasurer shall be the fiscal
				agent for the conference. The chairwoman or the treasurer shall have the power
				to enter into contracts and sign vouchers for payment through the department of
				finance and administration.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 3 - GENDER › Part 2 - GOVERNORS CAREER DEVELOPMENT CONFERENCE FOR WOMEN › Section 9.3.2.10 - SUBCOMMITTEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Subcommittees
				and their chairwomen shall be appointed by the conference chairwoman.
B. A subcommittee is responsible for planning
				that portion of the conference assigned to it and shall have full authority to
				carry out its mandate with the approval of the chairwoman. The steering
				committee reserves the right to overturn a decision of a subcommittee by a
				three-fourth's vote of those present at the steering committee.
C. Subcommittee budgets shall be submitted to
				the chairwoman by the subcommittee chairwomen. Actions by a subcommittee which
				will involve expenditures of conference funds, exclusive of general
				expenditures which are part of the subcommittee budget, shall be approved by
				the conference chairwoman.
D. A
				subcommittee chairwoman may request that a member of a subcommittee be replaced
				if the member misses more than three subcommittee meetings or otherwise fails
				to participate in subcommittee duties.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 3 - GENDER › Part 2 - GOVERNORS CAREER DEVELOPMENT CONFERENCE FOR WOMEN › Section 9.3.2.11 - VOTING AND ELECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Officers, representatives and alternates are voting members of the steering
				committee. Representatives and alternates are appointed by their agency head at
				the request of the governor.
B.
				With the exception of extraordinary votes required on actions stated elsewhere
				in the rules, all votes are by simple majority. In the case of a tie vote, the
				motion fails.
C. At its first
				meeting following the conference each year, the steering committee shall elect
				a nominating committee of three for the purpose of selecting candidates for the
				position of vice chairwoman. Candidates shall provide the nominating committee
				with a short biography and their qualifications. These shall be immediately
				distributed to all members of the steering committee. At the last meeting of
				the year, the vice chairwoman shall be elected by secret ballot. Nominations
				from the floor will also be accepted at the time of the election. The chair of
				the nominating committee will conduct the election. If the chairwoman resigns
				her position, the vice chairwoman shall become chairwoman and a new vice
				chairwoman shall be elected. Should vacancies occur in both positions, they
				shall be filled in the same manner.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 3 - GENDER › Part 2 - GOVERNORS CAREER DEVELOPMENT CONFERENCE FOR WOMEN › Section 9.3.2.12 - MEETINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Meetings of the
				steering committee are subject to the Open Meetings Act.
B. Meetings shall be conducted pursuant to
Robert's Rules of Order.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 3 - GENDER › Part 2 - GOVERNORS CAREER DEVELOPMENT CONFERENCE FOR WOMEN › Section 9.3.2.13 - CONFERENCE PARTICIPATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				While the governor's career development conference for women welcomes
				participation by men, that participation shall not be at the expense of women
				in state government who wish to attend the conference. In the event that
				participation must be limited, priority for conference attendance shall be in
				the following order:
(1) women in state
				government;
(2) men in state
				government;
(3) state education
				institutions, public schools and political subdivisions of the state;
				and
(4) other interested
				persons.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 3 - GENDER › Part 2 - GOVERNORS CAREER DEVELOPMENT CONFERENCE FOR WOMEN › Section 9.3.2.14 - CONFERENCE THEME AND KEYNOTE SPEAKER

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each year's theme and keynote speaker
				shall be approved by the steering committee.
B. The executive committee shall present
				recommendations for the year's theme and keynote speaker to the steering
				committee. Any member of the conference may make suggestions to the executive
				committee or to the steering committee at the time of consideration of the
				question.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 3 - GENDER › Part 2 - GOVERNORS CAREER DEVELOPMENT CONFERENCE FOR WOMEN › Section 9.3.2.15 - AMENDMENTS TO RULE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				rules of the governor's career development conference for women are subject to
				ratification each year by the steering committee.
B. After ratification, any amendment to the
				rules of the governor's career development conference for women shall be by
				three-fourth's vote of the members present at the meeting succeeding the
				meeting at which a change of the rule was proposed.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 1 - GENERAL PROVISIONS › Section 9.4.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  28-7-15 to
				  28-7-23 NMSA 1978 create the
				  commission for the blind.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 1 - GENERAL PROVISIONS › Section 9.4.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
These bylaws and rules of procedure are promulgated and
				  adopted in accordance with the power and authority of the New Mexico commission
				  for the blind. These bylaws and rules of procedure will serve the public,
				  employees and the commission as a guide to the operations and policies of the
				  New Mexico commission for the blind and accommodate the carrying out of the
				  intent of the legislature which created the commission.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 1 - GENERAL PROVISIONS › Section 9.4.1.8 - THE COMMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				name of the commission shall be the New Mexico commission for the blind. For
				the purpose of brevity in the succeeding rules, this organization shall be
				subsequently referred to as the "commission".
B. The headquarters of the commission shall
				be at Santa Fe, New Mexico.
C. The
				fiscal year of the commission shall end on June 30.
D. The commission shall provide advice and/or
				recommendations regarding all policies, rules and regulations to effectuate the
				declaration of the legislature as set forth in the statute creating the
				commission. Daily supervision and administrative determination will be made
				solely by the director in accordance with the specific delegation of authority
				granted to the director by the governor and the enabling legislation.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 1 - GENERAL PROVISIONS › Section 9.4.1.9 - MEMBERS OF THE COMMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Members of the commission are those appointed by the governor with the advice
				and consent of the senate.
B. All
				members of the commission shall receive per diem and mileage at the rate
				specified in the Per Diem and Mileage Act (Subsection A of Section
				10-8-5 and Subsection E of Section
				9-6-5 NMSA 1978) for all travel
				connected with commission meetings and other authorized commission
				business.
C. Facilities of the
				office of the administrative staff, including the telephones and secretarial
				services, may be utilized by the commission members and staff for the official
				business of the commission.
D. The
				members of the commission shall provide advice and recommendations regarding
				objectives, policies and priorities, and applications for grants.
E. The chairman may, with majority approval
				of the commission, request that the governor remove a member for chronic
				absenteeism, or other suitable reason, and appoint another one in his/her
				place.
F. The commission members
				are required to file a financial disclosure statement which must be kept
				current at all times.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 1 - GENERAL PROVISIONS › Section 9.4.1.10 - MEETINGS OF THE COMMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Regular meetings of the commission will be held quarterly with the time and
				place established at each previous meeting. Alterations in dates of meetings
				may be made by unanimous agreement of commission members. Notice of all
				meetings shall be made in accordance with an open meetings resolution to be
				adopted by majority vote of the commission.
B. Special meetings may be called by any two
				members of the commission so long as three days notice is given to all members
				and the press.
C. Emergency
				meetings may be called by the chairman so long as notice is given to all
				members and the press at least twenty-four hours in advance.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 1 - GENERAL PROVISIONS › Section 9.4.1.11 - ORGANIZATION OF THE COMMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
At the first meeting of the fiscal year, the commission as a
				  whole shall organize by the nomination, election and installation of a
				  chairman.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 1 - GENERAL PROVISIONS › Section 9.4.1.12 - DUTIES OF THE CHAIRMAN

Current through Register Vol. 35, No. 13, July 16, 2024
The chairman shall preside at all meetings and perform all
				  other duties ordinarily pertaining to the office of the
				  chairman.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 1 - GENERAL PROVISIONS › Section 9.4.1.13 - MEETING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				members of the New Mexico commission for the blind shall have voting rights in
				all matters, provided they are in attendance when the vote is taken.
B. The agenda for the commission meetings
				shall be prepared by the director and the chairman, and be distributed by the
				director. Any commissioner desiring to place an item on the agenda should
				inform the chairman or director three weeks in advance of the
				meeting.
C. The order of business
				at any meeting of the commission shall be:
(1)
				roll call;
(2) approval of the
				agenda;
(3) approval of the minutes
				of past meetings;
(4) election of
				officers and installation of same at annual meeting;
(5) unfinished business;
(6) chairman's report;
(7) director's report;
(8) new business;
(9) non-action items;
(10) observer question and answer period;
				and
(11) date and place of next
				meeting.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 1 - GENERAL PROVISIONS › Section 9.4.1.15 - QUORUM

Current through Register Vol. 35, No. 13, July 16, 2024
A quorum shall consist of a majority of the duly qualified
				  commission members. If a majority of the quorum takes action, this shall be
				  construed to be a majority of the commission.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 5 - BUSINESS ENTERPRISE PROGRAM POLICIES FOR BLIND VENDORS › Section 9.4.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  22-14-24 to Section
				  22-14-29 NMSA 1978, "Horace
				  DeVargas Act," authorizes the New Mexico commission for the blind to establish,
				  maintain and operate a vending stand program for legally blind persons under
				  the auspices of the "Randolph-Sheppard Act,"  Public Law 74-732  as amended by
				   Public Law 83-565, 93-516 and 95-602,
				  20 U.S.C. Section
				  107 et seq. The law locates the state
				  licensing agency (SLA) for the program in the individual state or territorial
				  agency that offers vocational rehabilitation services for individuals who are
				  blind under the Rehabilitation Act of 1973, as amended.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 5 - BUSINESS ENTERPRISE PROGRAM POLICIES FOR BLIND VENDORS › Section 9.4.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 15, 1997, unless a later 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 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 5 - BUSINESS ENTERPRISE PROGRAM POLICIES FOR BLIND VENDORS › Section 9.4.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Provide uniform policies for the administration of the
				  business enterprise program operated by the state licensing agency (SLA),
				  including:
A. establish and equip
				business enterprise program facilities in a satisfactory manner to provide
				employment opportunities to qualified legally blind persons;
B. assure availability of qualified licensed
				managers through the provision of skills assessment and indicated training to
				ensure a career development process;
C. provide management support services to
				business enterprise program licensed managers.
D. develop and maintain procedures for
				quality customer service;
E. attain
				the program's financial self-sufficiency through its administration in an
				operationally efficient and cost-effective manner.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 5 - BUSINESS ENTERPRISE PROGRAM POLICIES FOR BLIND VENDORS › Section 9.4.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following words or terms, when used in this document,
				  shall have the following meaning, unless the context clearly states
				  otherwise.
A. Definitions: "A":
(1)
"Acquired stock"
means that
				stock in which the licensed manager has accrued equity through personal
				acquisition of the inventory, and which the state licensing agency, in
				conjunction with the licensed manager or licensed managers involved, has
				determined is suitable for use. Stock in which the licensed manager(s) has not
				accrued equity is not acquired stock and remains the property of the state
				licensing agency.
(2)
"Act"
means the Randolph-Sheppard Vending Stand Act (  Public Law 74-732  ), as amended by  Public Law 83-565  and  Public Law 93-516, 20 U.S.C.,
				Chapter 6A, Section 107.
(3)
"Active participation"
means an ongoing process of negotiations
				between the state licensing agency and the committee of licensed managers to
				achieve joint planning of program standards and procedures affecting the
				overall operation of the business enterprise program.
(4)
"Assistant director"
means
				the assistant director of the New Mexico commission for the blind, who is the
				ultimate administrative authority for the BEP program in New Mexico.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 5 - BUSINESS ENTERPRISE PROGRAM POLICIES FOR BLIND VENDORS › Section 9.4.5.8 - PROMULGATION OF BUSINESS ENTERPRISE PROGRAM POLICIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Rules and procedures, that is, the
				policies governing the administration of the business enterprise program are
				developed and maintained in accordance with the Randolph-Sheppard Act [
				20 U.S.C. Section
				107 et seq.], the Rehabilitation Act [ 29
				U.S.C. 31 - 42 ] and the Horace DeVargas Act [Section
				22-14-24 to Section
				22-14-29 NMSA 1978].
B. The rulemaking authority is the SLA for
				rehabilitation services, hereinafter referred to as the New Mexico commission
				for the blind. Promulgation of rules and procedures governing the business
				enterprise program generally follows the process outlined in (8.2.1 through
				(8.2.4) of this subsection [now Paragraphs (1) through (4), Subsection B of
				9.4.5.8 NMAC].
(1) Staff in the SLA, in
				consultation with the licensed managers committee, draft proposed policy. Draft
				policy should be submitted to RSA at this stage for their review and comment
				upon compliance with federal statute and regulation. Draft policy is presented
				to the SLA for it to consider the issuance of a notice of proposed
				rulemaking.
(2) Should the SLA
				issue a notice of proposed rulemaking, this notice is submitted to the proper
				state agency for publication in the state register. The SLA also notifies
				individuals and organizations that have filed a timely request to receive such
				notices. Upon publication of the notice in the state register, a public comment
				period lasting 20 calendar days commences. The SLA conducts public hearings in
				accordance with the schedule stated in the notice of proposed
				rulemaking.
(3) Following the close
				of the public comment period, the proposed rules, with any changes resulting
				from the public comment period, are submitted to the SLA for
				adoption.
(4) Upon approval by the
				RSA, the SLA declares the effective date of the rules, not to be earlier than
				10 days after the publication of the rules in the state register. The rules are
				distributed to all appropriate parties. A rule manual will be distributed to
				each BEP licensed manager.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 5 - BUSINESS ENTERPRISE PROGRAM POLICIES FOR BLIND VENDORS › Section 9.4.5.9 - POLICY OF NON-DISCRIMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The state licensing agency assures that it
				shall not exclude from participation, deny the benefits of the program, or
				otherwise subject any person to discrimination because of the person's gender,
				age, physical or mental impairment, religion, race, creed, national origin or
				political affiliation in accordance with the Civil Rights Act of 1964 and the
				Americans with Disabilities Act of 1990.
B. Every licensed manager of a business
				enterprise program facility or route shall operate the business enterprise in
				such a manner that no person shall be subject to discrimination because of the
				person's gender, age, physical or mental impairment, religion, race, creed,
				national origin or political affiliation whether that person is a present or
				prospective supplier, customer, employee or other individual who might come
				into contact with the enterprise.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 5 - BUSINESS ENTERPRISE PROGRAM POLICIES FOR BLIND VENDORS › Section 9.4.5.12 - STATE LICENSING AGENCY ORGANIZATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Organization and operation of the
				state licensing agency:
(1) The state
				licensing agency (SLA) shall:
(a) cooperate
				with the commissioner in applying the requirements of the Randolph-Sheppard Act
				in a uniform manner;
(b) take
				effective action to carry out full responsibility for the supervision and
				management of each vending facility in its program in accordance with the
				Randolph-Sheppard Act , the regulations at
				34 CFR
				395.1, the Horace DeVargas Act, Section
				22-14-24 to Section
				22-14-29, NMSA 1978, the SLA's
				established rules and regulations, and the terms and conditions governing the
				permit for establishment of a vending facility;
(c) submit promptly to the commissioner for
				approval a description of any changes in the legal authority of the state
				licensing agency, its rules and regulations, blind licensed manager agreements,
				schedules for the setting aside of funds, contractual arrangements for the
				furnishing of services by a nominee, arrangements for carrying general
				liability and product liability insurance, and any other matters which form a
				part of the application; and
(d) be
				reasonable, if it intends to set aside, or cause to be set aside, funds from
				the net proceeds of the operation of vending facilities and obtain a prior
				determination by the commissioner that the amount of such funds to be set aside
				is reasonable.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 5 - BUSINESS ENTERPRISE PROGRAM POLICIES FOR BLIND VENDORS › Section 9.4.5.18 - VENDING FACILITY EQUIPMENT AND INITIAL STOCK

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Purpose:
The SLA is
				responsible for furnishing each vending facility with essential equipment,
				initial stocks of merchandise and petty cash necessary for the establishment
				and operation of such facility. The right, title to, and interest in the SLA
				furnished equipment in each vending facility used in the program will be vested
				in the SLA in accordance with the laws of the state.
B.
Disposal of acquired stock:
Acquired stock is that stock in which the manager has accrued equity and which
				the SLA, in conjunction with the manager(s) involved, has determined is
				suitable for use. Stock in which the manager has not accrued equity remains the
				property of the SLA. When a manager leaves the program or transfers to a
				different vending facility he or she may:
(1)
				keep acquired stock;
(2) sell
				acquired stock to the SLA;
(3) sell
				acquired stock to the incoming manager.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 5 - BUSINESS ENTERPRISE PROGRAM POLICIES FOR BLIND VENDORS › Section 9.4.5.21 - SET-ASIDE FUNDS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Purpose:
The SLA shall set-aside funds as described in "Sources of
				Set-Aside Funds" for purposes described in "Uses of Set-Aside Funds." The
				licensed managers have recommended a set aside fee of net proceeds, as
				indicated on the monthly report form (see Appendix 9, BEP Procedures Manual)
				[now 9.4.7.20 NMAC].
B.
Sources of set-aside funds:
(1)
				cash from application of a set aside fee against the net proceeds of each
				vending facility;
(2) cash equal to
				the net income of facilities operated temporarily by the SLA;
(3) cash from receipts of vending machines
				located on federal property and retained by the SLA;
(4) cash from receipts of vending machines
				located on nonfederal property and retained by the SLA;
(5) excess vending machine amounts determined
				under Section 9 of this manual;
(6)
				interest earned on reserve funds.