reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 1 - GENERAL PROVISIONS › Section 2.81.1.10 - NOTIFICATION OF APPOINTMENT AND REMOVAL OF BOARD MEMBERS AND ALTERNATES

Current through Register Vol. 35, No. 13, July 16, 2024
Employment as the education retirement director, executive
				  secretary of the public employees retirement association, or the swearing in of
				  the state treasurer shall automatically constitute positions or offices. They
				  may select designees who shall serve at the pleasure of the person holding the
				  position or office. Other members of the board shall not be authorized to
				  appoint alternates/designees to the board. The remaining board members shall
				  serve at the pleasure of the person or entity authorized to select the board
				  member. The board member shall assume office at the time the selecting person
				  or entity files written notification of the appointment of the board member or
				  designee at the offices of the NMRHCA. The written notice shall contain the
				  name, title, business address and business and home telephone number of the
				  board member or designee. Ex officio board members and their designees shall
				  only serve as board members during the ex officio board member's period of
				  employment or election in the capacity employed or elected. Each remaining
				  board member or designee shall only serve until authorized written notification
				  of a change is filed with the NMRHCA.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 1 - GENERAL PROVISIONS › Section 2.81.1.11 - ABSENCES FROM MEETINGS

Current through Register Vol. 35, No. 13, July 16, 2024
Since the board may meet less often than monthly and
				  continuity of board attendance is important, this Rule will be enforced. Any
				  member of the board missing more than two board meetings in any calendar year
				  shall be requested to explain his or her absence to the board. If the board
				  determines that the excessive absences are due to the board member's or
				  designee board member's neglect, the selecting entity or ex officio officer may
				  be requested by the board to select or designate another person. Presence of a
				  designee of an ex officio board member shall be counted as presence of the
				  board member.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 1 - GENERAL PROVISIONS › Section 2.81.1.13 - VACANCY IN OFFICE

Current through Register Vol. 35, No. 13, July 16, 2024
If one of the officers vacates their position as an officer
				  of the board, the next lower officer shall automatically assume the duties of
				  the higher officer. For example, if the presidency becomes vacant, the
				  vice-president shall automatically assume the title and duties of president and
				  the secretary shall automatically assume the title and duties of
				  vice-president. After due notice, a new secretary will be elected by the board.
				  Each of the officers shall serve until election of officers at the next annual
				  meeting.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 1 - GENERAL PROVISIONS › Section 2.81.1.14 - REGULAR MEETING OF THE BOARD

Current through Register Vol. 35, No. 13, July 16, 2024
The regular meetings of the board shall be held on those
				  dates and times and in such places to be determined from time to time by the
				  board. The date of any regular meeting may be changed by a majority vote of a
				  quorum of the board. The president or vice-president may cancel a regularly
				  scheduled meeting of the board by giving notice of the cancellation in advance
				  of any regularly scheduled meeting.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 1 - GENERAL PROVISIONS › Section 2.81.1.15 - ADOPTION OF ROBERT'S RULES OF ORDER FOR THE CONDUCT OF BOARD BUSINESS

Current through Register Vol. 35, No. 13, July 16, 2024
Robert's rules of order are adopted by the board and shall be
				  used for the conduct of all meetings to be held by the NMRHCA. Robert's rules
				  of order shall be binding in all cases where they are not inconsistent with New
				  Mexico statutes and rules and regulations adopted by the
				  NMRHCA.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 1 - GENERAL PROVISIONS › Section 2.81.1.16 - CALL FOR MEETINGS OF THE BOARD

Current through Register Vol. 35, No. 13, July 16, 2024
A call for meetings of the board shall be as follows:
A.
Special Meetings:
A special
				meeting of the board is a meeting other than a regular or emergency meeting and
				may be called by the president, vice-president or any three board members for
				the specific purposes specified in the call.
B.
Emergency Meeting:
An
				emergency meeting of the board is a meeting other than a regular or special
				meeting and may be called by the president, vice-president, or any two members
				of the board to consider a sudden or unexpected set of circumstances affecting
				the NMRHCA which require the immediate attention of the board.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 1 - GENERAL PROVISIONS › Section 2.81.1.17 - OPEN MEETINGS

Current through Register Vol. 35, No. 13, July 16, 2024
The board shall conduct its meetings pursuant to the Open
				  Meetings Act (Section
				  10-15-1
				  et seq. NMSA 1978) so as to assure reasonable citizen access to all board
				  meetings. At least once a year, the board shall determine in a public meeting
				  what notice for a public meeting is reasonable when applied to the board. At a
				  minimum, that notice shall include broadcast stations licensed by the federal
				  communications commission and newspapers of general circulation that have
				  provided a written request for such notice (see: Open Meetings Act 10-15-1(D)
				  NMSA 1978). That notice shall also include an agenda containing a list of
				  specific items of business to be discussed or transacted at the meeting or
				  information on how the public may obtain a copy of such an agenda (see Open
				  Meetings Act Section 10-15-1(F) NMSA 1978).
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 1 - GENERAL PROVISIONS › Section 2.81.1.18 - QUORUM

Current through Register Vol. 35, No. 13, July 16, 2024
A majority of all of the board members shall constitute a
				  quorum for conducting the affairs of the NMRHCA. In the event a position on the
				  board is vacant due to resignation, removal or failure to appoint, a quorum
				  shall be a majority of those persons holding office. The president of the board
				  is a voting member of the board, shall be entitled to debate any issue and vote
				  on any issue in the same manner as other members of the board and shall be
				  considered when present as a member of the board for purposes of a
				  quorum.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 1 - GENERAL PROVISIONS › Section 2.81.1.19 - PROCEDURES FOR ADDRESSING THE BOARD

Current through Register Vol. 35, No. 13, July 16, 2024
The procedures for addressing the board shall be as
				  follows:
A.
Individual and
				Subject Matter.
An individual may speak on any item that appears on the
				adopted agenda, before a final vote is taken, by notifying and subsequently
				being recognized by the president or then presiding officer. The president or
				then presiding officer may, in his discretion, limit the time any individual or
				entity is allotted to make a presentation and the president or then presiding
				officer may in his discretion, limit the time allotted for any
				subject.
B.
Advance Notice
				of Matter to be Presented.
A person with a matter to present to the
				board shall submit the request in writing with appropriate supporting materials
				four days in advance of a regularly scheduled meeting, twenty-four hours in
				advance of a special meeting and three hours in advance of an emergency
				meeting.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 1 - GENERAL PROVISIONS › Section 2.81.1.20 - DUTIES AND POWERS OF THE BOARD

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Board's Authority Vested by the Constitution of the State:
The
				board retains and reserves unto itself all powers, rights, authority, duties
				and responsibilities conferred upon and vested in it by the Constitution of the
				state of New Mexico and statutes, including those prescribed by Sections
				10-7C-1 et
				seq. NMSA 1978 and such other power and authority as may be conferred upon the
				board from time to time.
B.
Board Hearing Authority Delegable:
In any instance in which the board is
				authorized to conduct an adjudicatory hearing pursuant to the New Mexico
				Retiree Health Care Act, or pursuant to these regulations, the board may
				delegate the authority to conduct such an adjudication to a hearing authority,
				designation of which shall be in the sole and exclusive authority of the board,
				pursuant to procedures to be adopted by the hearing authority in consultation
				with the board's general counsel. Upon completion of the hearing, the hearing
				authority shall issue a disposition to the board, and, upon the application of
				either party to the adjudication, the board shall determine by majority vote
				whether to adopt the hearing authority's disposition as its own or to consider
				the matter further itself. In the event the board votes to consider the matter
				further, it shall also determine whether such consideration will include the
				parties' written submissions only, such written submissions plus oral argument
				before the board, or rehearing of all or part of the matter before the
				board.
C.
Authority of the
				Board to be Liberally Construed:
The authority of the board shall be
				liberally construed in all doubtful cases to be inclusive of the actions taken
				by the board.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 2 - COMMUNITY RELATIONS › Section 2.81.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all citizens interested in the NMRHCA
				  program of providing retiree, spouse and dependent health care coverages and
				  other benefits to eligible retired employees, eligible spouses and eligible
				  dependents.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 2 - COMMUNITY RELATIONS › Section 2.81.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is promulgated pursuant to the New Mexico Retiree
				  Health Care Act (the "Act"), Sections
				  10-7C-1 et
				  seq. NMSA 1978.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 2 - COMMUNITY RELATIONS › Section 2.81.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 15, 1998 [unless a later date is cited at the end of a
				  section].
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 2 - COMMUNITY RELATIONS › Section 2.81.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish guidelines to
				  encourage interaction with state agencies, school districts, educational
				  entities, independent public employers, municipalities, counties, institutions
				  of higher education and other public entities and residents of New Mexico to
				  better inform them of the operations of the NMRHCA and to learn of their needs
				  and concerns.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 2 - COMMUNITY RELATIONS › Section 2.81.2.8 - RESPONSIBILITY TO THE PUBLIC

Current through Register Vol. 35, No. 13, July 16, 2024
The board recognizes its responsibility to the public to
				  provide information concerning its actions, its policies, and details of its
				  educational and business operations. in recognition of this responsibility the
				  board shall endeavor to:
A.
Meetings open to public:
Open all regular, special and emergency
				meetings of the board of directors of the NMRHCA to the public with notice
				publicly made in advance consistent with the New Mexico Open Meetings Act and
				the NMRHCA's open meetings resolution then in effect and adopted by the board
				for governing open meetings.
B.
Hold annual budget hearing:
Hold an annual budget hearing each
				spring, open to the public and publicly announced in advance, for the purpose
				of adopting the budget for the forthcoming fiscal year.
C.
Submission of third party
				administrators annual report:
Require that the third party
				administrators submit an annual report of financial and operational activities
				to the board. Such report shall be circulated to NMRHCA participating employers
				as defined in the act for retention as a public record by those employers and
				for use by them in providing the information to the public, their employees and
				retirees.
D.
Informing the
				public:
Inform the public of NMRHCA matters through appropriate public
				news media and authority publications.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 2 - COMMUNITY RELATIONS › Section 2.81.2.9 - PARTICIPATION BY THE PUBLIC

Current through Register Vol. 35, No. 13, July 16, 2024
The board recognizes that constructive study, discussion, and
				  active participation by citizens are necessary to promote the best possible
				  programs of insurance in the community. To encourage this participation, the
				  board shall endeavor to:
A.
Invite participating entities to assist:
Invite participating entities
				to assist individually or in groups in matters of concern to the
				NMRHCA.
B.
Encourage
				participation by others:
Encourage participation by employees and
				retirees of participating entities.
C.
Coordination with state
				agencies.
The board shall endeavor to communicate with the risk
				management division of the general services department, the department of
				insurance of the state and the municipal league and county associations
				insurance programs.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 3 - CODE OF ETHICS › Section 2.81.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all board members, employees, actuaries,
				  consultants, attorneys and members of ad. hoc. or standing committees of the
				  NMRHCA.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 3 - CODE OF ETHICS › Section 2.81.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is promulgated pursuant to the New Mexico Retiree
				  Health Care Act (the "Act"), Sections
				  10-7C-1 et
				  seq. NMSA 1978.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 3 - CODE OF ETHICS › Section 2.81.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 15, 1998 [unless a later date is cited at the end of a
				  section].
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 3 - CODE OF ETHICS › Section 2.81.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The objective of
				this rule is to establish procedures governing a code of ethics that must be
				adhered to by those persons covered and provide penalties for failure to
				comply. The proper operation of a democratic government requires that public
				representatives and those attorneys, consultants, agents and employees on who
				they rely for advice and opinions be independent, impartial, and responsible to
				the people.
B. NMRHCA decisions and
				policy should be made through proper channels of the NMRHCA structure and
				public office, employment or contracts should not be used for personal gain. A
				conflict of interest exists when a public representative's, public employee's
				or public contractor's private or personal interests conflict with his/her
				public duties or when a public representative, public employee, agent,
				consultant or attorney for the public entity uses insider knowledge, official
				position, power or influence to further his/her private interests.
C. When a sound code of ethics is promulgated
				and enforced, the public has confidence in the integrity of its government. The
				objective of the code of ethics rule is to advance openness in government by
				requiring disclosure of private interests that may affect public acts, to set
				standards of ethical conduct, to minimize pressures on public representatives
				and to establish a process for reviewing and settling alleged
				violations.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 3 - CODE OF ETHICS › Section 2.81.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in the code of ethics rule:
A.
"business"
means a
				corporation, partnership, sole proprietorship, firm, organization, or
				individual carrying on a business or owning real property other than a personal
				residence;
B.
"insider
				information"
or
"confidential information"
means
				information which is confidential under law or practice or which is not
				generally available outside the circle of those who regularly serve the NMRHCA
				as a board member, public representative, official, employee, agent, consultant
				or attorney;
C.
"financial
				interest"
means:
(1) an interest of ten
				percent or more in a business or an interest exceeding ten thousand dollars
				($10,000.00) in a business; for a board member, official, employee, agent,
				consultant attorney or other public representative this means an interest held
				by the individual or his or her spouse, siblings, parents, or
				children;
(2) an ownership interest
				held by the individual or his/her spouse, siblings, parents or children in
				business; or
(3) any employment or
				prospective employment (for which negotiations have already begun) of the
				individual or his/her spouse, siblings, parents or children;
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 3 - CODE OF ETHICS › Section 2.81.3.8 - PUBLIC REPRESENTATIVE/REGISTRATION/DISCLOSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon becoming a public representative, the
				public representative shall provide registration information to the NMRHCA
				office as listed below. This information shall be updated at the end of every
				fiscal year and shall be available to the public at all times:
(1) name;
(2) address and telephone number;
(3) professional, occupational or business
				licenses;
(4) membership on boards
				of directors of corporations, public or private associations or organizations;
				and
(5) the nature, but not the
				extent or amount, of any financial interests and controlling interests as
				defined in the code of ethics rule within one month of becoming a public
				representative.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 3 - CODE OF ETHICS › Section 2.81.3.9 - PROHIBITIONS/PRIVATE BENEFITS OR GIFTS/PERSONAL REPRESENTATION/ USE OF NMRHCA SERVICES/ACQUIRING FINANCIAL INTEREST

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				No public representative nor a member of his/her family shall request or
				receive and accept a gift or loan for his/her personal use or for another, if:
(1) it tends to influence the public
				representative in the discharge of his/her official acts; or
(2) the public representative, within two
				years, has been involved in any official act directly affecting the donor or
				lender or knows that he/she will be involved in any official act directly
				affecting the donor or lender.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 3 - CODE OF ETHICS › Section 2.81.3.10 - ENFORCEMENT/COMPLAINT/HEARING OFFICER/PENALTY FOR VIOLATION/ FRIVOLOUS COMPLAINTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any contract
				approval, sale or purchase entered into or official action taken by a public
				official in violation of this rule may be voided by action of the NMRHCA
				board.
B. Any person may make a
				sworn, written complaint to the NMRHCA board of a violation by a public
				official of any provisions of the code of ethics rule. Such complaint shall be
				filed with the NMRHCA executive director or if it is a complaint against him,
				with a member of the NMRHCA board, who shall maintain the confidentiality
				thereof and instruct the complainant of the confidentiality provisions of the
				code of ethics rule, and shall refer said complaint to the NMRHCA board at its
				next regularly scheduled meeting in executive session. The complaint shall
				state the specific provision of the code of ethics rule which has allegedly
				been violated and the facts which the plaintiff believes support the
				complaint.
C. Within fifteen days
				of receiving the complaint, the NMRHCA board in executive session shall appoint
				a hearing officer to review the complaint for probable cause. Within fifteen
				days of undertaking the inquiry to determine probable cause, the hearing
				officer shall report his findings to the NMRHCA board. Upon find of probable
				cause, within 30 days, the hearing officer shall conduct an open hearing in
				accordance with due process of law. Fifteen days notice in advance of the
				hearing shall be provided to the person subject to the complaint. Within a time
				specified by the NMRHCA board, the hearing officer shall report his findings
				and recommendations to the NMRHCA board for appropriate action based on those
				findings and recommendations.
D. If
				the complaint is found to be frivolous, the NMRHCA board may assess the
				complainant the costs of the hearing officer's fees.
E. Except for the hearing, the proceedings
				shall be kept confidential by all parties concerned, unless the accused public
				official requests that the process be open at any stage. Persons complained
				against shall have the opportunity to submit documents to the hearing officer
				for his review in determining probable cause.
F. Any violation of the law shall be referred
				to the appropriate law enforcement agency for prosecution.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 3 - CODE OF ETHICS › Section 2.81.3.11 - CODE OF ETHICS HEARING OFFICER/APPOINTMENT/QUALIFICATIONS/DUTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A hearing
				officer shall be appointed by the NMRHCA board for each complaint. The hearing
				officer may be an authority board member, agent or employee of the NMRHCA or
				another person. The complainant and the person complained against have the
				right to one disqualification of a designated hearing officer.
B. The hearing officer shall:
(1) receive written complaints regarding
				violations of the code of ethics rule, notify the person complained against of
				the charge, and reject complaints not supported by probable cause; in the event
				the hearing officer rejects a complaint as lacking in probable cause, he shall
				provide a written statement of reasons for his rejection to the NMRHCA board
				and the complainant;
(2) conduct
				hearings of all complaints received; and
(3) report the findings of the hearings and
				make recommendations on resolving the complaint to the NMRHCA board.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 3 - CODE OF ETHICS › Section 2.81.3.12 - VIOLATION

Current through Register Vol. 35, No. 13, July 16, 2024
It is a violation of this rule for any public official
				  knowingly, willfully or intentionally to conceal or fails to disclose any
				  financial interest called for by the code or violate any of the provisions
				  hereof.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 3 - CODE OF ETHICS › Section 2.81.3.13 - PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
Upon recommendation of the hearing officer the NMRHCA board
				  may:
A. issue a public reprimand to
				the public official;
B. remove or
				suspend from his office, employment or contract the public official;
				and
C. refer complaints against
				public officials to the appropriate law enforcement agency for investigation
				and prosecution.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 4 - CONTRACTS › Section 2.81.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all vendors or potential vendors of
				  professional services or insurance services, the NMRHCA, its board, staff and
				  consultants.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 4 - CONTRACTS › Section 2.81.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is promulgated pursuant to the Retiree Health Care
				  Act, the New Mexico Retiree Health Care Act (the "Act"), Sections
				  10-7C-1 et
				  seq. NMSA 1978.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 4 - CONTRACTS › Section 2.81.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish requirements for
				  procurement of professional services, consulting and insurance services, and
				  tangible personal property for the authority. The objective is to set out
				  policies whereby maximum competition is stimulated for provision of these
				  services to the NMRHCA.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 4 - CONTRACTS › Section 2.81.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Retiree
				health care authority"
or "NMRHCA" means the retiree health care
				authority established by Chapter 6 Laws of New Mexico, 1990 (Sections
				10-7C-1 et
				seq. NMSA 1978).
B.
"Board"
means, the board of directors of the NMRHCA.
C.
"Group health insurance"
means coverage which includes but is not limited to: life insurance, accidental
				death and dismemberment, medical care and treatment, dental care, eye care and
				other coverages as determined to be necessary by the NMRHCA.
D.
"Professional services"
means the services of third party administrators, insurance consultants, banks,
				underwriters, brokers, agents, architects, archaeologists, artists,
				entertainers, auditors, engineers, clergymen, land surveyors, landscape
				architects, medical arts practitioners, scientists, managements and systems
				analysts, certified public accountants, registered public accountants, lawyers,
				psychologists, planners, photographers, pilots, researchers, teachers, writers,
				interpreters and persons or businesses providing similar services.
E.
"Contract"
means any
				agreement for the procurement of professional services entered into by the
				NMRHCA.
F.
"Sole
				source"
means that there is only one source for a required professional
				service which is the object of a contract or amendment.
G.
"Best source"
means that a
				source for a required professional service is for a reason or combination of
				reasons significantly less costly, or better qualified, or more capable, or
				more advantageously situated or otherwise more suitable than any other source
				to provide the professional service which is the object of an amendment to a
				contract.
H.
"Emergency"
is when there exists a threat to public health, welfare,
				safety or property requiring procurement under emergency conditions. An
				emergency condition is a situation which creates a threat to public health,
				welfare or safety such as may arise by reason of floods, epidemics, riots,
				equipment failures or similar events. Any emergency procurement shall be made
				with competition as is practicable under the circumstances. The existence of
				the emergency condition creates an immediate and serious need for services,
				construction, or items of tangible personal property that cannot be met through
				normal procurement methods and the lack of which would seriously threaten:
(1) the functioning of government;
(2) the preservation or protection of
				property; or
(3) the health or
				safety of any person.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 4 - CONTRACTS › Section 2.81.4.9 - APPLICABILITY OF RULE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Every
				contract shall be approved by the board only after its general legal counsel
				has reviewed for and affirmed as in compliance with appropriate provisions of
				the procurement code and these rules.
B. All amendments to contracts shall be
				subject to review and approval as to form only by the board's general legal
				counsel as provided in these rules.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 4 - CONTRACTS › Section 2.81.4.10 - CONTRACTS - FORM

Current through Register Vol. 35, No. 13, July 16, 2024
A. Contracts
				shall be in a form and contain such provisions as may be required by the
				board.
B. Each contract shall
				comply with the Conflict of Interest Act, particularly Sections
				10-16-7,
				10-16-8,
				10-16-9
				and
				10-16-12 NMSA
				1978 and when the disclosure required by Section
				10-16-12 NMSA
				1978 is necessary, that disclosure shall be filed with the secretary of
				state.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 4 - CONTRACTS › Section 2.81.4.11 - CONTRACTS - PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				prospective contractors shall submit to the board a signed completed original
				of a contract reviewed and approved by the board general legal counsel. The
				contract form shall be submitted to and approved by the board prior to
				initiating any action with prospective contractors for contractual services and
				prior to beginning performance of any services pursuant to the
				contract.
B. There shall be no
				liability whatsoever by the NMRHCA, and there shall be no services rendered
				unless those services have commenced after approval of a contract for services
				by the board.
C. Proposals shall be
				evaluated based on the requirements set forth in the invitation for proposals,
				which requirements shall include criteria for evaluating proposals such as
				experience, both quantitative and qualitative, prior provision of similar
				services, client references, price and any other considerations the NMRHCA
				deems relevant. No criteria may be used in proposal evaluations that are not
				set forth in the invitation for proposals. With regard to professional services
				contracts the NMRHCA may provide that price is a factor but that a contract
				need not be awarded to the vendor proposing the lowest price. The award shall
				be made to the responsible offeror or offerors whose proposal is most
				advantageous to the NMRHCA, taking into consideration the evaluation factors
				set forth in the request for proposals.
D. Contracts for professional services shall
				be solicited, negotiated and awarded through a competitive sealed proposal
				process in accordance with Sections
				13-1-111
				to
				13-1-117
				NMSA 1978, of the Procurement Code. Sole source purchases may be solicited,
				negotiated and awarded in accordance with Sections
				13-1-126
				NMSA 1978, of the Procurement Code. Sole source purchases may be solicited,
				negotiated and awarded in accordance with Section
				13-1-126
				NMSA 1978, of the Procurement Code, and 2.81.4.13 NMAC. Emergency purchases may
				be solicited, negotiated in accordance with Section
				13-1-127
				and
				13-1-128
				NMSA 1978, of the Procurement Code, and 2.81.4.16 NMAC.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 4 - CONTRACTS › Section 2.81.4.13 - SOLE SOURCE PROCUREMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Subject
				to the limitations of Subsections B and C of this section, a contract may be
				awarded without competitive sealed proposals regardless of the estimated cost
				when the board makes a written determination, after conducting a good-faith
				review of available sources, that there is only one source for the required
				professional service, in accordance with Section
				13-1-126
				NMSA 1978, of the Procurement Code. The written determination shall include a
				detailed, sufficient explanation of the reasons why the qualifications or
				unique capabilities of the proposed vendor require a sole source contract with
				the vendor.
B. A copy of the
				written determination shall be kept on file pursuant to 2.81.4.16
				NMAC.
C. The board or its designee
				shall conduct negotiations as to price and terms in order to obtain the price
				most advantageous to the NMRHCA.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 4 - CONTRACTS › Section 2.81.4.14 - MULTI-TERM CONTRACTS; SPECIFIED PERIOD

Current through Register Vol. 35, No. 13, July 16, 2024
A. A multi-term contract for services
				(including the furnishing of insurance) except for professional services, in an
				amount under twenty-five thousand dollars $25,000.00, or more if authorized
				under Section
				13-1-150
				NMSA 1978, may be entered into for any period of time deemed to be in the best
				interests of the NMRHCA, not to exceed four years; provided that the term of
				the contract and conditions of renewal or extension, if any, are included in
				the specifications and funds are available for the first fiscal period at the
				time of contracting.
B. If the
				amount of the contract is twenty-five thousand dollars ($25,000.00) or more, a
				multi-term contract for services (including the furnishing of insurance) shall
				not exceed eight years including all extensions and renewals. Payment and
				performance obligations for succeeding fiscal periods shall be subject to the
				availability and appropriation of funds therefor.
C. A contract for professional services (not
				including the furnishing of insurance) may not exceed a term of four years
				including all extensions and renewals, except that a multi-term contract for
				the services of trustees, escrow agents, registrars, paying agents, letter of
				credit issuers and other forms of credit enhancement, and other similar
				services (excluding bond attorneys, underwriters and financial advisors with
				regard to the issuance, sale and delivery of public securities) may be for the
				life of the securities or as long as the securities remain
				outstanding.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 4 - CONTRACTS › Section 2.81.4.15 - AMENDMENTS TO CONTRACTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Amendments to contracts originally entered into pursuant to this rule, may be
				made pursuant to rules adopted by the secretary of DFA.
B. For amendments to contracts originally
				entered into as sole source procurement pursuant to 2.81.4.13 NMAC.
(1) A written determination which includes a
				detailed, sufficient explanation of the reason, qualifications or unique
				capabilities that make the vendor a sole source shall be required for all
				amendments which:
(a) significantly change the
				scope of work in the original contract; or
(b) when aggregated with any prior
				amendments, more than double the amount of the original contract.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 4 - CONTRACTS › Section 2.81.4.16 - EMERGENCY AND SOLE SOURCE PROCUREMENT; CONTENT AND RETENTION OF RECORD

Current through Register Vol. 35, No. 13, July 16, 2024
Notwithstanding other provisions of this rule, an emergency
				  purchase or sole source purchase of professional services may be made. A copy
				  of records of any emergency procurement or sole source purchase of professional
				  services, including the written determination of the basis for the emergency or
				  sole source procurement which meets the requirements of Sections
				  13-1-128
				  NMSA 1978, and which cites the language in Sections
				  13-1-126
				  and
				  13-1-127
				  NMSA 1978, which is being relied on by the board as justification for the
				  emergency or sole source purchase, shall be retained for a minimum of three
				  years.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 4 - CONTRACTS › Section 2.81.4.17 - RIGHT TO PROTEST

Current through Register Vol. 35, No. 13, July 16, 2024
Any offeror who is aggrieved in connection with a
				  solicitation or award of a contract may protest to the executive director of
				  the NMRHCA. The protest shall be submitted in writing within fifteen calendar
				  days after knowledge of the facts or occurrence giving rise to the
				  protest.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 4 - CONTRACTS › Section 2.81.4.18 - FILING OF PROTEST

Current through Register Vol. 35, No. 13, July 16, 2024
A. Protests
				must be in writing and addressed to the executive director of the
				NMRHCA.
B. The protest shall:
(1) include the name and address of the
				protestant;
(2) include the
				solicitation number;
(3) contain a
				statement of the grounds for protest;
(4) include supporting exhibits, evidence or
				documents to substantiate any claim unless not available within the filing time
				in which case the expected availability date shall be indicated; and
(5) specify the ruling requested from the
				NMRHCA.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 4 - CONTRACTS › Section 2.81.4.19 - PROCUREMENT AFTER PROTEST

Current through Register Vol. 35, No. 13, July 16, 2024
A. In
				the event of a timely protest, as defined in 2.81.4.17 NMAC and 2.81.4.18 NMAC,
				the executive director shall not proceed further with the procurement unless
				the executive director makes a written determination that the award of the
				contract is necessary to protect substantial interest of the authority. Such
				written determination should set forth the basis for the
				determination.
B. As used herein
				the point in time in which a contract is awarded is that point at which a
				legally enforceable contract is created, unless the context clearly requires a
				different meaning.
C. In no
				circumstance will a procurement be halted after a contract has been awarded
				merely because a protest has been filed.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 4 - CONTRACTS › Section 2.81.4.20 - PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon the filing
				of a timely protest, the executive director shall give notice of the protest to
				the contractor if award has been made or, if no award has been made, to all
				bidders and offerors who appear to have a substantial and reasonable prospect
				of receiving an award if the protest is denied.
B. The protestant and every business that
				receives notice pursuant to Subsection A of this section will automatically be
				parties to any further proceedings before the executive director or the board.
				In addition, any other person or business may move to intervene at any time
				during the course of the proceedings. Intervention will be granted upon a
				showing of a substantial interest in the outcome of the proceedings.
				Intervenors shall accept the status of the proceeding at the time of their
				intervention; in particular, they must abide by all prior rulings and accept
				all previously established time schedules.
C. The executive director and all employees
				and the general legal counsel of the NMRHCA are not parties to the
				proceedings.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 4 - CONTRACTS › Section 2.81.4.21 - AUTHORITY TO RESOLVE PROTEST

Current through Register Vol. 35, No. 13, July 16, 2024
The executive director may take any action reasonably
				  necessary to resolve a protest. Such actions include, but are not limited to,
				  the following:
A. issue a final
				written determination summarily dismissing the protest;
B. obtain information from the staff of the
				state purchasing agent or state central purchasing office and from the NMRHCA
				staff;
C. require parties to
				produce for examination information or witnesses under their control;
D. require parties to express their positions
				on any issue in the proceeding;
E.
				require parties to submit legal briefs on any issues in the
				proceeding;
F. establish procedural
				schedules;
G. regulate the course
				of the proceedings and the conduct of any participants;
H. receive, rule one, exclude or limit
				evidence;
I. take official notice
				of any fact that is among the traditional matters of official or administrative
				notice;
J. conduct hearings;
				and
K. take any action reasonably
				necessary to compel discovery or control the conduct of parties or
				witnesses.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 4 - CONTRACTS › Section 2.81.4.22 - DISCOVERY

Current through Register Vol. 35, No. 13, July 16, 2024
Upon written request of any party, or upon its own motion,
				  the executive director or board may require parties to comply with discovery
				  requests.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 4 - CONTRACTS › Section 2.81.4.23 - HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Hearings are
				disfavored and will be held only when the executive director or board determine
				that substantial material factual issues are present that cannot be resolved
				satisfactorily through an examination or written document in the record. Any
				party may request a hearing, but such requests shall be deemed denied unless
				specifically granted.
B. Hearings,
				when held, should be as informal as practicable under the circumstances, but
				the executive director or board has absolute discretion in establishing the
				degree of formality for any particular hearing. In no event is the executive
				director or board required to adhere to formal rules of evidence or
				procedure.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 4 - CONTRACTS › Section 2.81.4.24 - RESOLUTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The executive
				director shall promptly (the goal is thirty (30) days after receipt of all
				information or the date of any hearing, whichever is later) issue a written
				determination relating to the protest. The determination shall:
(1) state the reasons for the action taken;
				and
(2) inform the protestant of
				the right to judicial review of the determination pursuant to Section
				13-1-183 NMSA
				1978.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 4 - CONTRACTS › Section 2.81.4.25 - RELIEF

Current through Register Vol. 35, No. 13, July 16, 2024
A. If, prior to
				award, the executive director makes a determination that a solicitation or
				proposed award of a contract is in violation of law, then the solicitation or
				proposed award shall be cancelled.
B. If, after an award, the executive director
				makes a determination that a solicitation or award of a contract is in
				violation of law and that the business awarded the contract has not acted
				fraudulently or in bad faith:
(1) the contract
				may be ratified, affirmed and revised to comply with law, provided that a
				determination is made that doing so is in the best interest of the NMRHCA;
				or
(2) the contract may be
				terminated, and the business awarded the contract shall be compensated for the
				actual expenses reasonably incurred under the contract plus a reasonable profit
				prior to termination.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 4 - CONTRACTS › Section 2.81.4.26 - MOTION FOR RECONSIDERATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				motion for reconsideration of a written determination issued pursuant to
				2.81.4.24 NMAC may be filed by any party involved in the procurement. The
				motion for reconsideration shall contain a detailed statement of the factual
				and legal grounds upon which reversal or modification of the determination is
				deemed warranted, specifying any errors of law made, or information not
				previously considered.
B.
When to file:
A motion for reconsideration shall be filed not later than
				ten (10) days after receipt of the written determination.
C.
Response to motion:
The
				executive director or the board shall promptly (the goal is ten (10) days after
				receipt of the motion) issue a written response to the motion for
				reconsideration. A copy of the written response shall be sent immediately by
				certified mail, return receipt requested, to each of the parties.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 4 - CONTRACTS › Section 2.81.4.27 - DESIGNEE

Current through Register Vol. 35, No. 13, July 16, 2024
A. At any point
				during a protest proceeding the executive director of the board may appoint a
				designee, to preside over the proceeding. The designee will have all of the
				powers described in this Rule except the power to issue a written determination
				under 2.81.4.24 NMAC. The designee only has authority to recommend a resolution
				to the executive director or the board under that section.
B. Any person other than the procurement
				officer directly involved in the procurement or any person having made a
				proposal in response to the RFP may serve as a designee to preside over the
				proceeding.
C. A designee shall
				present a recommended written resolution to the executive director or the board
				and mail a copy to each of the parties. No party may appeal from the
				recommended resolution of the designee.
D. The executive director or the board shall
				approve, disapprove or modify the recommended resolution of the designee in
				writing. Such approval, disapproval or modification shall be the written
				determination required by 2.81.4.24 NMAC. Any party may file a motion for
				reconsideration of the written determination pursuant to 2.81.4.26
				NMAC.