reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 3 - BUDGETING AND PAYMENT OF ASSESSMENTS FOR UNEMPLOYMENT COMPENSATION BENEFITS BY STATE AGENCIES AND LOCAL PRIVATE BODIES › Section 1.6.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Fund" or
				"funds"
means the state government unemployment compensation reserve
				fund or the local public body unemployment compensation reserve fund, or both,
				as the contract requires.
B.
"Governmental entity"
means the state or any political subdivision
				thereof, or any instrumentality of any one or more of the foregoing which is
				wholly owned by one or more states or political subdivisions (Section 51-1-44B
				NMSA 1978).
C.
"Local public
				body"
means all political subdivisions of the state or any of their
				agencies, instrumentalities and institutions or any county hospitals, or
				outpatient clinics thereof, leased to, or operated under an agreement with, a
				state educational institution named in Article 12, Section 11 of the
				constitution of New Mexico. The term "local public body" shall not be construed
				to mean school districts.
D.
"RMD"
means the risk management division of the general services
				department.
E.
"State"
or
"state agency"
means the state of New Mexico or any of its
				branches, agencies, departments, boards, instrumentalities or institutions, and
				all school districts of this state.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 3 - BUDGETING AND PAYMENT OF ASSESSMENTS FOR UNEMPLOYMENT COMPENSATION BENEFITS BY STATE AGENCIES AND LOCAL PRIVATE BODIES › Section 1.6.3.8 - GOVERNMENTAL ENTITY BUDGETS, RATES FOR UNEMPLOYMENT COMPENSATION BENEFITS AND ADMINISTRATIVE EXPENSES

Current through Register Vol. 35, No. 13, July 16, 2024
RMD shall prescribe annually before April 15, a schedule of
				  minimum rates per employee to be budgeted by governmental entities for the
				  succeeding year. Rates shall include administrative expenses. Rates shall be
				  determined as follows.
A. A schedule
				of initial rates shall be developed by RMD to be used until governmental
				entities are experience rated. One initial rate shall apply to the state
				agencies in the state fund and another initial rate shall apply to local public
				bodies in the local public body fund.
B. Rate schedules to be used for those that
				are to be experience rated shall take into account the prior experience of the
				governmental entity, the amount of reserves the governmental entity has on
				deposit in the fund, and the balance in the fund. Separate schedules shall be
				developed for the state fund and the local public body fund.
C. RMD shall notify each participating entity
				of the rates to be used the next fiscal year by April 15; or as an alternative
				RMD may notify the state budget organization serving each entity of the rate
				for the entities they service.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 3 - BUDGETING AND PAYMENT OF ASSESSMENTS FOR UNEMPLOYMENT COMPENSATION BENEFITS BY STATE AGENCIES AND LOCAL PRIVATE BODIES › Section 1.6.3.9 - PAYMENT OF BILLINGS; INTEREST CHARGE FOR LATE PAYMENT; CANCELLATION OF LOCAL PUBLIC BODIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The rate
				schedules will outline the percentage interest charge for late payments for
				participants in the state fund and local public body fund.
B. The rate schedule will outline how many
				days participants in the state account will have before payment is delinquent
				after the date assessment. Participants in the state fund are responsible for
				paying assessments and interest charges.
C. In accordance with 51-1-46 C NMSA 1978,
				the director of RMD shall terminate the participation of any local public body
				if the local public body fails to pay any assessment by RMD within 30 days of
				the assessment. A local public body may be reinstated without loss of coverage
				if the local public body pays all assessments and interest charges within 90
				days of the billing of the assessment charge that were not paid.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 3 - BUDGETING AND PAYMENT OF ASSESSMENTS FOR UNEMPLOYMENT COMPENSATION BENEFITS BY STATE AGENCIES AND LOCAL PRIVATE BODIES › Section 1.6.3.10 - PENALTY FOR LATE REPORTING OF PAYROLL

Current through Register Vol. 35, No. 13, July 16, 2024
RMD may, at RMD's option, bill any participant entity for
				  the penalty imposed by RMD by the department of labor for an entities first
				  late report in a fiscal year (Section 51-1-112A NMSA 1978). If the next quarter
				  report is also late, RMD shall bill the entity for both late reports plus any
				  additional late reports for the next quarters.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 3 - BUDGETING AND PAYMENT OF ASSESSMENTS FOR UNEMPLOYMENT COMPENSATION BENEFITS BY STATE AGENCIES AND LOCAL PRIVATE BODIES › Section 1.6.3.11 - EXPERIENCE HISTORY TRANSFER

Current through Register Vol. 35, No. 13, July 16, 2024
A. In
				the case of a total experience history transfer of a governmental entity, the
				experience history of the transferred entity will be transferred from the
				predecessor entity to the successor entity in total. The reserve account and
				the assessment rate will also be transferred in total.
B. When a governmental agency is taken over
				in total by two or more successor entities, the experience history of the
				predecessor shall be transferred to the two or more successors as in Subsection
				A above.
(1) The two or more successor
				entities shall determine the percentage of employees each received from the
				predecessor.
(2) This percentage
				shall be applied to the assessable wage, assessments charged, benefits paid and
				the reserve account. This formula shall be applied to all the successors and an
				assessment rate shall be arrived at in accordance with experience and rating
				requirements.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 3 - BUDGETING AND PAYMENT OF ASSESSMENTS FOR UNEMPLOYMENT COMPENSATION BENEFITS BY STATE AGENCIES AND LOCAL PRIVATE BODIES › Section 1.6.3.12 - ELIGIBILITY FOR LOCAL PUBLIC BODY UNEMPLOYMENT COMPENSATION RESERVE FUND

Current through Register Vol. 35, No. 13, July 16, 2024
To be eligible to participate in the local public body
				  unemployment compensation reserve fund noted in accordance with Section
				  51-1-46
				  NMSA 1978, an entity must:
A. Be a
				local public body as defined in
				1.6.3.7
				NMAC,
B. Not have voluntarily left
				or have been removed from the local public body unemployment compensation fund,
				within the past five years.
C. The
				local public body does not owe an outstanding financial obligation to
				RMD.
D. Apply for participation at
				least 90 days prior to the new fiscal year and have this application approved
				by the risk management division.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 3 - BUDGETING AND PAYMENT OF ASSESSMENTS FOR UNEMPLOYMENT COMPENSATION BENEFITS BY STATE AGENCIES AND LOCAL PRIVATE BODIES › Section 1.6.3.13 - APPLICATION TO ENTER LOCAL PUBLIC BODY UNEMPLOYMENT COMPENSATION RESERVE FUND

Current through Register Vol. 35, No. 13, July 16, 2024
A. The effective date
				of coverage for any local public body that enters the local public body
				unemployment compensation reserve fund shall be January 1.
B. A local public body must submit an
				application to RMD to participate in the fund no later than September 30 of the
				year prior to entering the fund.
C.
				Local public bodies shall submit the following information to RMD as part of
				the application:
(1) an application form
				available on the RMD website;
(2)
				acceptable proof that the entity is an eligible local public body as defined in
				1.6.3.7
				NMAC;
(3) the local public body's
				unemployment claims data for the previous five years;
(4) a written agreement that the local public
				body will stay in the local public body unemployment compensation reserve fund
				for the next five consecutive years;
(5) information on current employment
				statistics, employee salaries, and other similar information requested by the
				risk management division; and
(6) a
				written agreement to follow the obligations of local public body unemployment
				compensation reserve fund membership shown in 1.6.3.14 NMAC.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 3 - BUDGETING AND PAYMENT OF ASSESSMENTS FOR UNEMPLOYMENT COMPENSATION BENEFITS BY STATE AGENCIES AND LOCAL PRIVATE BODIES › Section 1.6.3.14 - OBLIGATIONS OF LOCAL PUBLIC BODIES UPON ADMITTANCE TO THE LOCAL PUBLIC BODY UNEMPLOYMENT COMPENSATION RESERVE FUND

Current through Register Vol. 35, No. 13, July 16, 2024
A. A local public body participating in the
				fund must meet all obligations to remain in good standing and continue
				participation.
B. Obligations
				include:
(1) timely payment of premiums,
				administrative fees, assessments, fines, remittances, and similar obligations
				to the risk management division;
(2) complying with any loss control policies
				or administrative directives issued by RMD or by any permitted
				third-party;
(3) complying with
				rules, guidance, and administrative directions from the department of workforce
				solutions;
(4) preparing for,
				attending, and participating in training seminars, program meetings, hearings,
				and other similar events as directed by RMD or the department of workforce
				solutions; and
(5) agree to comply
				with RMD and department of workforce solutions determinations regarding a
				claimant's employment status, employment dates, salaries, separation
				circumstances, and other similar factors or to appeal determinations to the
				proper agency following established protocols.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 3 - BUDGETING AND PAYMENT OF ASSESSMENTS FOR UNEMPLOYMENT COMPENSATION BENEFITS BY STATE AGENCIES AND LOCAL PRIVATE BODIES › Section 1.6.3.15 - NONCOMPLIANCE BY LOCAL PUBLIC BODIES AND TERMINATION OF PARTICIPATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The director of RMD
				has sole discretion to determine if a local public body is noncompliant and to
				terminate the participation of any local public body in accordance with this
				rule.
B. Upon a determination that
				a local public body is noncompliant, RMD shall inform the local public body in
				writing of the determination and the reasons for the finding.
C. Upon a determination that a local public
				body's participation will be terminated, RMD shall inform the local public body
				in writing that, effective December 31, it may no longer participate in the
				fund.
D. Any local public body that
				has been terminated from the local public body shall remain in the local public
				body unemployment compensation reserve fund until December 31 and shall comply
				with all participation obligations and directives from RMD through that
				date.
E. Upon termination, the
				local public body remains obligated to pay RMD for any unemployment claims with
				a date of loss prior to their effective date of removal.
F. On January 1 of the calendar year
				following termination, a local public body shall resume its sole responsibility
				to pay its unemployment claims to the department of workforce
				solutions.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 3 - BUDGETING AND PAYMENT OF ASSESSMENTS FOR UNEMPLOYMENT COMPENSATION BENEFITS BY STATE AGENCIES AND LOCAL PRIVATE BODIES › Section 1.6.3.16 - VOLUNTARY DEPARTURE OF THE LOCAL PUBLIC BODY UNEMPLOYMENT COMPENSATION RESERVE FUND

Current through Register Vol. 35, No. 13, July 16, 2024
A. A local
				public body that participates in the local public body fund may voluntarily
				depart the fund if:
(1) the local public body
				has participated in the fund for at least the five consecutive years
				immediately preceding departure;
(2) the local public body applies for
				departure in writing before September 1 of the year it intends to depart,
				and
(3) the local public body has
				secured written approval to depart from RMD.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 4 - STATE LOSS PREVENTION AND CONTROL PROGRAM › Section 1.6.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise provided by law, this rule applies to all
				  state agencies, including elected officials and institutions of higher
				  learning. This rule supersedes and replaces all rules and directives for
				  conflicting loss prevention and control programs. State agencies must comply
				  with this rule; no exemptions will be granted.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 4 - STATE LOSS PREVENTION AND CONTROL PROGRAM › Section 1.6.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is adopted pursuant to Paragraph (9) of Subsection
				  A of Section
				  15-7-3
				  NMSA 1978 which empowers the risk management division to initiate safety
				  program establishment and to adopt regulations for effective implementation of
				  safety programs and Subsection E of Section
				  9-17-5
				  NMSA 1978 which empowers the secretary of the general services department to
				  adopt regulations to accomplish the duties of the department and its
				  divisions.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 4 - STATE LOSS PREVENTION AND CONTROL PROGRAM › Section 1.6.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 11, 2018 unless a later date is cited at the end of
				  a section or paragraph.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 4 - STATE LOSS PREVENTION AND CONTROL PROGRAM › Section 1.6.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objectives of this rule 1.6.4 NMAC are to:
A. prevent and control insurable losses in
				state government;
B. integrate loss
				prevention and control activities into state agency operations and
				culture;
C. establish systematic
				safety and loss prevention and control mechanisms within state
				agencies;
D. develop uniform loss
				control reporting procedures for state agencies; and
E. assure compliance with this rule by
				reporting non-compliant agencies to the appropriate oversight bodies and by
				adjusting risk premium rates of non-compliant agencies.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 4 - STATE LOSS PREVENTION AND CONTROL PROGRAM › Section 1.6.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following definitions apply in this rule:
A.
Agency
or
state
				agency:
Any department, agency, branch, board, instrumentality, or
				institution of New Mexico state government.
B.
Committee:
An agency loss
				prevention and control committee.
C.
Loss prevention and control:
Any managerial system or systems intended to identify potential or actual loss
				situations and the implementation of a strategy or strategies to prevent or
				manage losses.
D.
Loss
				prevention and control coordinator:
The agency loss prevention and
				control coordinator.
E.
RMD:
The risk management division of the general services
				department.
F.
State loss
				control manager:
The state loss control manager at RMD
				(
see
Paragraph (10) of Subsection A of Section
				15-7-3
				NMSA 1978).
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 4 - STATE LOSS PREVENTION AND CONTROL PROGRAM › Section 1.6.4.8 - LOSS PREVENTION AND CONTROL PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
A. The state loss prevention and control
				program is created. The program includes coordination of all agency loss
				prevention and control activities and any loss prevention and control services
				administered by RMD.
B. Each agency
				shall develop an annual loss prevention and control plan using a method
				approved by RMD, submit a copy of its loss prevention and control plan to the
				state loss control manager within 60 days of adoption of the state loss
				prevention and control plan, and must inform the state loss control manager of
				any program change.
C. The state
				loss control manager shall report any agency that fails to adopt an agency loss
				prevention and control plan to the agency head, to the secretary of the general
				services department, and to the director of the risk management
				division.
D. If the RMD director
				determines that an agency has failed to substantially comply with this rule,
				the director shall notify the agency head. The Agency shall have 30 days to
				cure any deficiencies. If after such 30 day period, the director determines
				that the agency has still failed to substantially comply with this provision,
				the director may, after consultation with the secretary of the general services
				department, adjust the coverage premiums paid by non-compliant entities for the
				following plan year to reflect the increased risk profile of the entity.
				Non-compliant entities may appeal any rate adjustment to the risk management
				advisory board.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 4 - STATE LOSS PREVENTION AND CONTROL PROGRAM › Section 1.6.4.9 - LOSS PREVENTION AND CONTROL COORDINATOR

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each agency shall appoint a loss
				prevention and control coordinator no later than 60 days after the effective
				date of this rule. Each agency shall submit this individual's name to RMD and
				inform the state loss control manager of any appointment changes.
B. Each agency head shall appoint one of the
				following persons as loss prevention and control coordinator:
(1) the deputy agency head;
(2) the agency chief financial
				officer;
(3) the agency general
				counsel;
(4) a division director;
				or
(5) a senior supervisory
				employee approved by RMD.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 4 - STATE LOSS PREVENTION AND CONTROL PROGRAM › Section 1.6.4.10 - LOSS PREVENTION AND CONTROL COMMITTEE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each state agency shall establish a loss
				prevention and control committee.
B. Committee members may be appointed by the
				agency head or by the loss prevention and control coordinator. The appointing
				authority shall appoint division directors, bureau chiefs, section or unit
				heads, and other senior supervisory employees. All major components of an
				agency's organizational structure shall be represented on the agency
				committee.
C. Each committee should
				hold meetings at least quarterly. The agency head or chairperson may convene
				special meetings. Committee meetings may be incorporated into regular agency
				staff meetings and should address issues at all operational levels within the
				agency.
D. The loss prevention and
				control committee shall:
(1) define an annual
				agency loss prevention and control plan;
(2) meet quarterly to assess the
				implementation of the loss prevention and control plan;
(3) report the status of the annual loss
				prevention and control program; and
(4) perform any other functions the
				chairperson considers useful and appropriate.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 4 - STATE LOSS PREVENTION AND CONTROL PROGRAM › Section 1.6.4.11 - INCIDENT AND LOSS INVESTIGATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each state agency shall establish and
				implement procedures for investigation, analysis, and evaluation of incidents
				and losses. The procedures shall provide that incidents and losses be
				thoroughly investigated by the supervisory person most immediately responsible
				for the operation in which the loss occurred, by an individual who has been
				trained to perform this type of work, or both.
B. Investigations pertinent to an alleged
				job-related injury or illness and all necessary and supplemental documentation
				generated during an investigation will become a part of the injury or illness
				claim record.
C. Any investigations
				and reports prepared pursuant to this section are supplementary to and do not
				replace reports required to comply with state and federal laws, insurance and
				other reporting requirements.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 4 - STATE LOSS PREVENTION AND CONTROL PROGRAM › Section 1.6.4.12 - LOSS PREVENTION AND CONTROL TRAINING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each agency shall provide
				position-appropriate safety training, loss prevention and control training,
				worker's compensation training, and employment-related civil rights training to
				all employees.
B. Supervisors shall
				discuss loss prevention and control policies, procedures, and strategies with
				employees, individually and at group training sessions.
C. All employees shall be trained in the safe
				and correct way to perform their job functions as needed.
D. Agencies shall provide training on
				occupational health and safety laws and regulations to all employees as
				appropriate to job function.
E.
				Agencies shall provide training on employment-related civil right to
				supervisors and managers.
F.
				Training on Federal and state civil rights laws, including Title VII of the
				Civil Rights Act and the New Mexico Human Rights Act (Sections
				28-1-1 and
				following NMSA 1978), shall occur on a continuing basis.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 4 - STATE LOSS PREVENTION AND CONTROL PROGRAM › Section 1.6.4.13 - JOB-RELATED INJURY OR ILLNESS CLAIMS MANAGEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each agency shall adopt a workers'
				compensation claims management procedure approved by RMD that complies with all
				relevant laws, regulations, policies, directives, guidance, and other
				requirements.
B. Each agency shall
				have written procedures for:
(1) workers'
				compensation claims management;
(2)
				early return to work for workers with job-related injuries or illnesses;
				and
(3) new employee orientation
				programs that include job safety and workers' compensation training.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 4 - STATE LOSS PREVENTION AND CONTROL PROGRAM › Section 1.6.4.14 - JOB-RELATED INJURY OR ILLNESS CLAIMS MANAGEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The high incidence of this type loss in
				terms of productivity, quality of work, training, hiring, administrative costs
				and benefits attributed to job-related injury or illness claims warrants
				special mention and demands close managerial control.
B. Each agency head shall establish a
				workers' compensation claims management policy and implementing programs that
				comply with relevant laws and regulations, the mandates of this rule, executive
				orders, mandates from the workers' compensation administration, state safety
				and loss prevention and control initiatives and other appropriate requirements.
				Each agency shall have written policies regarding:
(1) workers' compensation claims management
				procedures;
(2) early return to
				work procedures for workers with job-related injuries or illnesses;
				and
(3) new employee orientation
				programs to include job safety, workers' compensation, and employment-related
				civil rights.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 5 - CERTIFICATES OF COVERAGE › Section 1.6.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to state agencies and local public bodies
				  for which the general services department, risk management division provides
				  public liability fund coverage for risk or liability pursuant to NMSA 1978,
				  Section 41-4-20(A) (2) of the state of New Mexico Tort Claims Act [NMSA 1978,
				  Section
				  41-4-1 et
				  seq. (1976)] (hereinafter referred to as the "Tort Claims Act" or "the
				  act")].
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 5 - CERTIFICATES OF COVERAGE › Section 1.6.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is statutorily authorized and promulgated pursuant
				  to NMSA 1978, Section 15-7-3(A) (7) (which authorizes the risk management
				  division to issue certificates of coverage in accordance with the rulemaking
				  procedures contained in NMSA 1978, Section 9-17-5(E), granting the secretary of
				  the general services department the general power to make and adopt such
				  reasonable administrative and procedural rules and regulations as may be
				  necessary to carry out the duties of the department and its divisions,
				  including the risk management division). In addition, Section 41-4-23(D) of the
				  Tort Claims Act authorizes the general services department, risk management
				  division to regulate claims made against the public liability fund. Pursuant to
				  NMSA 1978, Section 15-7-2(A), the director is responsible for the acquisition
				  and administration of all insurance purchased by the state. Except as provided
				  by NMSA 1978, Section
				  15-7-2,
				  no state agency may procure any kind of insurance other than through the risk
				  management division. Pursuant to NMSA 1978, Section 41-4-20(C), no liability
				  insurance may be purchased by any governmental entity other than as authorized
				  by the Tort Claims Act.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 5 - CERTIFICATES OF COVERAGE › Section 1.6.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
It is the public policy of the state of New Mexico that
				  governmental entities and public employees shall be protected by the principle
				  of sovereign immunity and may only be liable for torts as provided by the
				  express provisions of the Tort Claims Act. The general services department,
				  risk management division is authorized to issue certificates of coverage to
				  governmental entities to defend the state of New Mexico in cases involving tort
				  liability. This rule sets the parameters and procedures by which certificates
				  of coverage are issued and amended by the director.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 5 - CERTIFICATES OF COVERAGE › Section 1.6.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used herein:
A.
				"coverage" or "coverage provision" means the type of protection provided
				against specific risks or losses;
B. "covered entity" means a governmental
				entity, as defined below, which is covered under the terms of a coverage
				document issued to it by the public liability fund through the general services
				department, risk management division;
C. "director" means the general services
				department, risk management division director;
D. "fund" or "the fund" means the public
				liability fund as defined in NMSA 1978, Section
				41-4-23
				of the Tort Claims Act;
E.
				"governmental entity" means the state and a local public body as defined in
				NMSA 1978, Section 41-4-3(B), (C) and (H) in the act;
F. "public employee" means individuals as
				defined in NMSA 1978, Section 41-4-3(F) of the act; and
G. "scope of duty" means the performance of
				duties as defined in NMSA 1978, Section 41-4-3(G) of the act.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 5 - CERTIFICATES OF COVERAGE › Section 1.6.5.8 - ISSUANCE OF CERTIFICATES OF COVERAGE

Current through Register Vol. 35, No. 13, July 16, 2024
Certificates of coverage shall be issued on an annual basis,
				  unless otherwise determined by the director, on or before July 1 of the state
				  fiscal year, and in the sole discretion of the director shall be in force on
				  July 1 of that fiscal year, or as soon as practicable thereafter, and shall
				  remain in effect for a period of one year from the date of issuance or until
				  superceded by another certificate of coverage, unless otherwise earlier
				  terminated in writing by the director. The director shall issue certificates of
				  coverage by a letter of administration issued to a governmental entity
				  attaching the certificates of coverage. The letter of administration will
				  describe the type, extent, nature and description of coverage(s), and may also
				  include other matters and administrative procedures reasonably necessary and
				  which must be followed to carry on or administer the requirements of the Tort
				  Claims Act.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 5 - CERTIFICATES OF COVERAGE › Section 1.6.5.10 - COVERAGE, APPORTIONMENT, AND UNDERWRITING STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
Specific risks covered, properties covered, coverage limits,
				  exclusions, apportionment of contributions, underwriting standards, and other
				  provisions for coverage through the public liability fund shall apply in
				  accordance with certificates of coverage, letters of administration, or other
				  coverage documents issued by the director to each covered entity. Pursuant to
				  NMSA 1978, Section 15-7-2(B), the director shall apportion contributions toward
				  the purchase of insurance or for the providing of coverage for any risk not
				  insured and the amount of contributions to be made by each governmental entity
				  in a letter of administration issued to the governmental entity. Pursuant to
				  NMSA 1978, Section 15-7-3(A) (3), the director may prescribe underwriting
				  standards for governmental entities in a letter of administration issued to the
				  governmental entity.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 5 - CERTIFICATES OF COVERAGE › Section 1.6.5.11 - COVERAGE DISPUTES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				director shall make a determination if the certificate applies to a presented
				claim. The decision of the director may only be appealed through arbitration,
				and such arbitration shall be requested by the covered party in writing to the
				director within 30 days of receipt of the written decision of the
				director.
B. If arbitration is
				requested, the covered entity and the director, on behalf of the fund shall,
				select one arbitrator within 15 days and submit the arbitrator's name in
				writing to the other side. Within 10 days after the selection of the two
				arbitrators, those two arbitrators shall select a third independent arbitrator.
				If the two sides cannot agree on the selection of the third arbitrator within
				those 10 days, either side may petition the First Judicial District Court in
				the county of Santa Fe for the appointment of the third arbitrator. The third
				arbitrator shall be an attorney and preside as the Chairperson of the
				arbitration panel. No arbitrator shall be employed or affiliated with the
				covered entity or the general services department, risk management
				division.
C. A decision of the
				panel shall be reported in writing to the director and to the covered entity.
				The written decision of the panel shall be given to both sides within thirty
				days of the close of the hearing.
D. All decisions of the arbitration panel
				shall be final and binding upon the parties and shall not be subject to any
				further appeal or court action.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 5 - CERTIFICATES OF COVERAGE › Section 1.6.5.12 - PREMIUM ESTABLISHMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The director shall determine the appropriate premiums for
				  coverage provided to each covered entity, on an annual basis and in the sole
				  discretion of the director, and shall be reported to each covered entity in a
				  letter of administration from the director. In making the premium
				  determination, the director may use, among other actuarially sound factors,
				  information regarding a covered entity's use of risk control standards and a
				  covered entity's compliance with underwriting standards, such standards being
				  established by the director.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 6 - TORT CLAIMS COVERAGE FOR COMMUNITY LAND GRANTS; EXCLUDING COVERAGE FOR BUSINESS ENTERPRISE ACTIVITIES › Section 1.6.6.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
General Services Department, Risk Management
				  Division.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 6 - TORT CLAIMS COVERAGE FOR COMMUNITY LAND GRANTS; EXCLUDING COVERAGE FOR BUSINESS ENTERPRISE ACTIVITIES › Section 1.6.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to community land grants governed as a
				  political subdivision of the state in making application to and obtaining
				  coverage from the risk management division of the general services department
				  for coverage for any risk for which immunity has been waived under the Tort
				  Claims Act, through the public liability fund.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 6 - TORT CLAIMS COVERAGE FOR COMMUNITY LAND GRANTS; EXCLUDING COVERAGE FOR BUSINESS ENTERPRISE ACTIVITIES › Section 1.6.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is statutorily authorized and promulgated pursuant
				  to NMSA 1978, Section 15-7-3(A)(7) (which authorizes the risk management
				  division to issue certificates of coverage in accordance with the rulemaking
				  procedures contained in NMSA 1978, Section 9-17-5(E), granting the secretary of
				  the general services department the general power to make and adopt such
				  reasonable administrative and procedural rules and regulations as may be
				  necessary to carry out the duties of the department and its divisions,
				  including the risk management division). In addition, Section 41-4-23(D) of the
				  Tort Claims Act authorizes the general services department, risk management
				  division to regulate claims made against the public liability fund. Pursuant to
				  NMSA 1978, Section
				  41-4-30,
				  community land grants governed as political subdivisions of the state may
				  obtain Tort Claims Act coverage from the risk management division, exclusive of
				  coverage for activities determined by the director to be a business
				  enterprise.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 6 - TORT CLAIMS COVERAGE FOR COMMUNITY LAND GRANTS; EXCLUDING COVERAGE FOR BUSINESS ENTERPRISE ACTIVITIES › Section 1.6.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 30, 2010, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 6 - TORT CLAIMS COVERAGE FOR COMMUNITY LAND GRANTS; EXCLUDING COVERAGE FOR BUSINESS ENTERPRISE ACTIVITIES › Section 1.6.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule describes the activities of community land grants
				  that are business enterprise activities, and that are thereby excluded from
				  coverage through the public liability fund of risks for which immunity has been
				  waived under the Tort Claims Act. Coverage will be provided to community land
				  grants governed as political subdivisions of the state, for such official
				  activities as are typically undertaken by governmental entities in New
				  Mexico.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 6 - TORT CLAIMS COVERAGE FOR COMMUNITY LAND GRANTS; EXCLUDING COVERAGE FOR BUSINESS ENTERPRISE ACTIVITIES › Section 1.6.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Approved
				activities" means activities conducted at a community center that are approved
				through procedures established by the board of trustees.
B. "Board of trustees" means the governing
				body of a community land grant that is governed as a political subdivision of
				the state pursuant to 1978 NMSA, Chapter 49, Article 1.
C. "Certificate of coverage" means the
				liability certificate issued by the director pursuant to Title 1, Chapter 6,
				Part 5 NMAC.
D. "Community center"
				means any structure that is owned by a community land grant and managed by and
				at the direction of the community land grant's board of trustees for the
				benefit of the community land grant as a whole, and excludes any structure used
				or designated for habitation, whether or not currently inhabited.
E. "Community land grant" means a land grant
				governed as a political subdivision of the state pursuant to 1978 NMSA, Chapter
				49, Article 1.
F. "Coverage" means
				the type of protection provided against specific risks or losses.
G. "Director" means the general services
				department, risk management division director.
H. "Division" means the general services
				department, risk management division.
I. "Member" means a person who is a member of
				a community land grant that is governed as a political subdivision of the state
				pursuant to 1978 NMSA, Chapter 49, Article 1.
J. "Official activity" or "official
				activities" means activities of the community land grant that are approved by,
				and undertaken at the direction of, the board of trustees of the community land
				grant, for the governance and operation of the community land grant as a
				governmental entity, and that are the type of activity typically undertaken by
				governmental entities in New Mexico.
K. "Public liability fund" means the fund
				described in 1978 NMSA, Section
				41-4-23
				of the Tort Claims Act.
L.
				"Trustee" means a member of a board of trustees of a community land grant that
				is governed as a political subdivision of the state pursuant to 1978 NMSA,
				Chapter 49, Article 1.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 6 - TORT CLAIMS COVERAGE FOR COMMUNITY LAND GRANTS; EXCLUDING COVERAGE FOR BUSINESS ENTERPRISE ACTIVITIES › Section 1.6.6.8 - PROVIDING COVERAGE UPON APPLICATION AND PAYMENT FOR OFFICIAL ACTIVITIES AND APPROVED ACTIVITIES OF COMMUNITY LAND GRANTS GOVERNED AS A POLITICAL SUBDIVISION OF THE STATE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Community
				land grants that wish to obtain tort claims coverage from the division shall
				make application for such coverage by providing information requested by the
				director.
B. The director shall
				annually determine the assessment which the community land grant is to pay for
				tort claims coverage to the public liability fund. In conjunction with this
				assessment, the director may require purchase of supplemental events coverage
				for specified approved activities, such as an event with large
				attendance.
C. Tort claims coverage
				for any community land grant is contingent upon prompt payment of the annual
				assessment by the community land grant to the public liability fund.
D. Tort claims coverage for any community
				land grant is contingent upon the community land grant continuing to be
				managed, controlled and governed by a board of trustees consistent with 1978
				NMSA, Chapter 49, Article 1.
E.
				Tort claims coverage for any community land grant is limited to:
(1) official activities of the community land
				grant as explicitly authorized by its board of trustees for the governance and
				operation of the community land grant as a governmental entity, and that are
				the type of activity typically undertaken by governmental entities in New
				Mexico, and that are not excluded by virtue of being business enterprise
				activity; and
(2) approved
				activities of the community land grant that are not excluded by virtue of being
				business enterprise activity.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 6 - TORT CLAIMS COVERAGE FOR COMMUNITY LAND GRANTS; EXCLUDING COVERAGE FOR BUSINESS ENTERPRISE ACTIVITIES › Section 1.6.6.9 - EXCLUDING COVERAGE OF INDIVIDUAL MEMBERS

Current through Register Vol. 35, No. 13, July 16, 2024
Tort claims coverage for any community land grant does not
				  include coverage for any enterprise or activities undertaken by any of the
				  individual members of the community land grant, whether singly or in
				  association with others.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 6 - RISK MANAGEMENT › Part 6 - TORT CLAIMS COVERAGE FOR COMMUNITY LAND GRANTS; EXCLUDING COVERAGE FOR BUSINESS ENTERPRISE ACTIVITIES › Section 1.6.6.10 - EXCLUDING COVERAGE OF BUSINESS ENTERPRISE ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Tort claims coverage for a community land
				grant does not include coverage for any liability attributable to the business
				enterprise activities of a community land grant.
B. Business enterprise activities include the
				following:
(1) any activity undertaken for
				purposes of earning a monetary profit for the community land grant or for any
				of its members; the term "monetary profit" as used herein does not include
				reasonable incidental charges or fees, such as may be made to recoup costs of
				furnishing meals or refreshments at official activities, or such as a
				reasonable fee for conducting an approved activity at the community
				center;
(2) any activity involving
				the lease or sale of any property of the community land grant;
(3) any activity organized to operate on a
				non-profit basis, which activity is typically operated on a for-profit basis
				when conducted by non-governmental entities, such as, but not limited to, the
				operation of a restaurant or inn, unless the director upon application
				specifically gives prior approval of coverage for such activity, and only in
				accordance with such conditions as the director may require; or
(4) any activity involving the provision,
				sale, or consumption of alcoholic beverages.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 1 - GENERAL PROVISIONS › Section 1.7.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  10-9-3,
				  10-9-7,
				  10-9-10,
				  10-9-12 through
				  10-9-14
				  and Section
				  14-2-1
				  NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 1 - GENERAL PROVISIONS › Section 1.7.1.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 2020 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 1 - GENERAL PROVISIONS › Section 1.7.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 1 of Chapter 7 is: to define words and
				  phrases used throughout Chapter 7, to cite provisions pertaining to different
				  Parts of Chapter 7, to require maintenance of employment records, and to detail
				  provisions that do not warrant a separate Part.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 1 - GENERAL PROVISIONS › Section 1.7.1.8 - APPROVAL AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Pursuant to the provision of Subsection A of Section
				10-9-12 NMSA
				1978, the director shall supervise all administrative and technical personnel
				activities of the state. The director may audit the administrative and
				technical personnel activities of the state. The director shall submit any
				findings of non-compliance with these rules to the board.
B. If it is established that an agency has
				violated the rules, an applicable collective bargaining agreement in place with
				the state, or the agency's policies, and the agency is given adequate
				opportunity to correct violations and fails to do so, the director may suspend
				the agency's line authority or right to approve personnel actions, to approve
				employment lists, to advertise employment positions, to negotiate with or to
				make agreements with exclusive bargaining representatives, or to perform any
				activities related to the agency's violations and require director approval
				until the director rescinds the suspension.
C. The director reserves the right to assign
				line authority under these rules so long as such line authority maintains the
				director's administrative oversight and authority.
D. The director shall establish criteria
				governing the requirements which must be met to achieve and maintain line
				authority status.
E. The director
				may modify or withdraw line authority status.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 1 - GENERAL PROVISIONS › Section 1.7.1.9 - INTERPRETATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The board shall establish a procedure for the issuance of
				  interpretations of these Rules.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 1 - GENERAL PROVISIONS › Section 1.7.1.10 - METHOD OF SERVING NOTICE

Current through Register Vol. 35, No. 13, July 16, 2024
Any notice required of an agency by these rules, except for
				  1.7.13 NMAC, shall be delivered by a method that provides proof of service or
				  attempted service.