reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 43 - TRANSPORTATION - OPERATIONS AND FUNDING › Part 2 - REQUIREMENTS FOR SCHOOL BUS CONTRACTS AND PER CAPITA FEEDER AGREEMENTS › Section 6.43.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 31, 1998, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 43 - TRANSPORTATION - OPERATIONS AND FUNDING › Part 2 - REQUIREMENTS FOR SCHOOL BUS CONTRACTS AND PER CAPITA FEEDER AGREEMENTS › Section 6.43.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish the parameters of school bus service contracts
				  and to establish requirements for negotiating and awarding bus contracts and
				  per capita feeder agreements.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 43 - TRANSPORTATION - OPERATIONS AND FUNDING › Part 2 - REQUIREMENTS FOR SCHOOL BUS CONTRACTS AND PER CAPITA FEEDER AGREEMENTS › Section 6.43.2.9 - INDIVIDUAL OWNER OPERATOR

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				individual who owns only one bus and drives the bus on a full time basis is, as
				a driver, considered an employee of the district. The local board shall enter
				into an employment contract with the driver. The driver's salary shall be
				calculated on the local board's established salary schedule for bus drivers.
				Benefits shall be calculated on the salary amount according to the established
				benefit rates.
B. The local board
				shall negotiate an individual owner/operator equipment contract for the use of
				the bus to provide transportation services consistent with provisions of state
				law and public education department rules.
C. The local board shall ensure that the
				owner/operator meets training and drug testing requirements in compliance with
				federal and state laws and public education department rules.
D. The individual owner/operator shall have
				no ownership interest of any type or degree in any fleet service contract with
				the local board, including without limitation, an interest in the nature of
				legal or rightful title, possessory interest, or a beneficial, equitable, or
				pecuniary interest.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 43 - TRANSPORTATION - OPERATIONS AND FUNDING › Part 2 - REQUIREMENTS FOR SCHOOL BUS CONTRACTS AND PER CAPITA FEEDER AGREEMENTS › Section 6.43.2.10 - FLEET SERVICE CONTRACT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				local board may contract with a person who owns one or more buses and who hires
				drivers to drive the bus. Such a person is considered self-employed and shall
				be contracted as a fleet operator.
B. The local board shall negotiate fleet
				service contracts consistent with the provisions of state law and public
				education department rules.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 43 - TRANSPORTATION - OPERATIONS AND FUNDING › Part 2 - REQUIREMENTS FOR SCHOOL BUS CONTRACTS AND PER CAPITA FEEDER AGREEMENTS › Section 6.43.2.11 - PROCEDURES FOR AWARDING NEW CONTRACTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A new contract shall be awarded because
				of:
(1) the retirement, resignation, or death
				of a current contractor;
(2) the
				determination by the local board to change from a school owned operation to a
				contract operation;
(3) the
				addition of a bus or buses to provide transportation services; unless, the
				local board elects to amend an existing contract in accordance with the
				provision of Section
				22-16-3,
				NMSA, 1978;
(4) unsatisfactory
				services by the contractor;
(5)
				termination of an existing contract.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 43 - TRANSPORTATION - OPERATIONS AND FUNDING › Part 2 - REQUIREMENTS FOR SCHOOL BUS CONTRACTS AND PER CAPITA FEEDER AGREEMENTS › Section 6.43.2.12 - PROCEDURES FOR RENEWING EXISTING CONTRACTS

Current through Register Vol. 35, No. 13, July 16, 2024
Prior to the contract renewal, the district shall request the
				  following information from a current contractor:
A. A current financial statement.
B. If a corporation, the names, addresses,
				dates of birth, and social security numbers of all stockholders or
				partnerships.
C. The local board
				shall evaluate the services that have been rendered by the contractor on the
				basis of the terms of the contract. The local board shall determine whether the
				terms of the contact have been met and whether the contract shall be considered
				for renewal.
D. The contractor
				shall be apprised of the results of the evaluation and the determination of the
				board regarding renewal of the contract. If the contract is recommended for
				renewal, the terms of the contract shall ensure that any deficiencies
				identified in the evaluation are corrected.
E. The board shall provide the contractor
				with any proposed or anticipated changes in the school transportation program
				relative to boundary changes, route changes attendance center designations, or
				any other proposed or anticipated changes.
F. The local board shall not negotiate a
				contract award for transportation services, which exceeds available
				resources.
G. The local board shall
				provide notice of the contract renewal to the state transportation director on
				forms provided by the public education department.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 43 - TRANSPORTATION - OPERATIONS AND FUNDING › Part 2 - REQUIREMENTS FOR SCHOOL BUS CONTRACTS AND PER CAPITA FEEDER AGREEMENTS › Section 6.43.2.13 - FLEET SERVICE CONTRACT (FORM)

Current through Register Vol. 35, No. 13, July 16, 2024
THIS AGREEMENT is made and entered into as this ________day
				  of________, 20_____, by and between______________________________(local board
				  of education) hereinafter called "BOARD" and ___________________(contractor)
				  herein after referred to as "CONTRACTOR." WITNESETH: WHEREAS, BOARD has engaged
				  CONTRACTOR to provide the pupil transportation services described herein; and
				  WHEREAS, CONTRACTOR desires to provide such transportation services; NOW,
				  THEREFORE, in consideration of the covenants hereinafter contained, the parties
				  agree as follows:
A. TERM: The term of
				this agreement shall commence______, 20____ and shall continue through______,
				20____. This contract may be renewed annually thereafter on the same terms and
				conditions at the option of the BOARD.
B. SCOPE OF SERVICES
(1) CONTRACTOR shall, during the term of the
				agreement supply the buses listed on Appendix A incorporated herein by
				reference and shall maintain such number of school buses specified to provide
				transportation services to the BOARD consistent with the terms of this
				contract.
(2) CONTRACTOR shall,
				provide for the efficient management of the transportation services as set
				forth herein. CONTRACTOR shall advise the BOARD of the name(s), address(s), and
				phone number(s) of individual(s) designated as responsible for the management
				of services.
(3) CONTRACTOR shall
				provide for the to-and-from transportation of students in grades kindergarten
				through twelve who attend school within the school district, of three and four
				year old children who meet the public education department approved criteria
				and definition of developmentally disabled, and for the transportation of
				students to and from their regular attendance centers and vocational programs
				approved by the public education department.
(4) Transportation services shall be provided
				for_________ school days in accordance with bus routes and schedules agreed to
				under the terms of this contract. For each day that a bus is not operated, the
				compensation paid the CONTRACTOR shall be decreased by 1/___th of the total
				compensation for services provided in Subsection C, Paragraph (1) of this
				contract.
(5) CONTRACTOR shall
				comply with all federal and state laws, regulations, policies and directives of
				the BOARD.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 43 - TRANSPORTATION - OPERATIONS AND FUNDING › Part 2 - REQUIREMENTS FOR SCHOOL BUS CONTRACTS AND PER CAPITA FEEDER AGREEMENTS › Section 6.43.2.14 - INDIVIDUAL OWNER OPERATOR EQUIPMENT CONTRACT (FORM)

Current through Register Vol. 35, No. 13, July 16, 2024
THIS AGREEMENT is made and entered into as this ______day
				  of________. 20_______, by and between ______________________________ (local
				  board of education) hereinafter called "BOARD" and
				  _____________________(owner/operator) herein after referred to as
				  "OWNER/OPERATOR." WHEREAS, OWNER/OPERATOR desires to provide such
				  transportation equipment, fuel, and operation and maintenance associated with
				  the use of the equipment under the terms of this contract; NOW, THEREFORE, in
				  consideration of the covenants hereinafter contained, the parties agree as
				  follows:
A. TERM: The term of this
				agreement shall commence ___________, 20_______ and shall continue through
				______, 20______; This contract may be renewed annually thereafter on the same
				terms and conditions at the option of the BOARD.
B. SCOPE OF SERVICES
(1) OWNER/OPERATOR shall, during the term of
				the agreement supply and maintain the bus listed on Appendix A herein to
				provide transportation equipment to the BOARD consistent with the terms of this
				contract.
(2) OWNER/OPERATOR shall,
				provide for the efficient maintenance and operation of the equipment as set
				forth herein.
(3) OWNER/OPERATOR
				shall provide for the to-and-from transportation of students in grades
				kindergarten through twelve who attend school within the school district, of
				three and four year old children who meet the public education department
				approved criteria and definition of developmentally disabled, and for the
				transportation of students to and from their regular attendance centers and
				vocational programs approved by the public education department.
(4) Transportation services shall be provided
				for _______school days in accordance with bus routes and schedules agreed to
				under the terms of this contract. For each day that a bus is not operated, the
				compensation paid the OWNER/OPERATOR shall be decreased by 1/____th of the
				total compensation for services provided in Subsection C, Paragraph (1) of this
				contract.
(5) OWNER/OPERATOR shall
				comply with all federal and state laws, rules, policies and directives of the
				BOARD.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 43 - TRANSPORTATION - OPERATIONS AND FUNDING › Part 2 - REQUIREMENTS FOR SCHOOL BUS CONTRACTS AND PER CAPITA FEEDER AGREEMENTS › Section 6.43.2.15 - PER CAPITA FEEDER REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The local board may provide per capita or per mile reimbursement to a parent or
				guardian in cases where regular school bus transportation services are not
				available or impractical because of distance, road conditions or sparseness of
				population or in cases where the local board has authorized a parent to receive
				reimbursement for travel costs incurred by having a child attend a school
				outside the child's attendance zone.
B. When per capita feeder services are
				utilized, the local board must approve an agreement with the parent or
				guardian, which defines the terms of the agreement for service, the contract
				amount, and the responsibilities of the parent.
C. The parent or guardian must provide proof
				of insurance and shall maintain the insurance for the term of the
				agreement.
D. The local board shall
				establish the mileage reimbursement rate.
E. The local board is responsible for
				developing a system of accountability to ensure that services are rendered
				according to the terms of the agreement. The local board shall ensure that
				payment is not made until services have been rendered.
F. The local board shall approve a per capita
				feeder policy which sets forth the terms and conditions under which per capita
				feeder agreements shall operate.
G.
				The mileage reimbursement rate for charter schools shall be at least equal to
				the amount established by the local board. This reimbursement will apply where
				regular school bus transportation services are not available or impractical
				because of distance, road conditions, sparseness of population or other
				conditions negotiated by the school district and charter school. When per
				capita feeder services are utilized, the governing body of the charter school
				must approve an agreement with the parent or guardian, which defines the terms
				of the agreement for service, the contract amount, and the responsibilities of
				the parent. The parent or guardian must provide proof of insurance and shall
				maintain the insurance for the term of the agreement.
H. The governing body of the charter school
				is responsible for developing a system of accountability to ensure that
				services are rendered according to the terms of the agreement. The governing
				body shall ensure that payment is not made until services have been
				rendered.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 43 - TRANSPORTATION - OPERATIONS AND FUNDING › Part 3 - PUBLIC SCHOOL TRANSPORTATION OPERATIONAL FUNDING REPORTING REQUIREMENTS › Section 6.43.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Provisions of this rule apply to public school districts that
				  receive transportation distributions in accordance with Sections
				  22-8-26,
				  22-8-29,
				  22-8-29.1,
				  22-8-29.4,
				  and 22-8- 29.6 NMSA, 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 43 - TRANSPORTATION - OPERATIONS AND FUNDING › Part 3 - PUBLIC SCHOOL TRANSPORTATION OPERATIONAL FUNDING REPORTING REQUIREMENTS › Section 6.43.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  22-2-1,
				  22-16-2,
				  22-8-26,
				  and
				  22-8-29
				  NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 43 - TRANSPORTATION - OPERATIONS AND FUNDING › Part 3 - PUBLIC SCHOOL TRANSPORTATION OPERATIONAL FUNDING REPORTING REQUIREMENTS › Section 6.43.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 30, 1999, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 43 - TRANSPORTATION - OPERATIONS AND FUNDING › Part 3 - PUBLIC SCHOOL TRANSPORTATION OPERATIONAL FUNDING REPORTING REQUIREMENTS › Section 6.43.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish the parameters for the use of the public school
				  transportation distributions and to establish requirements for reporting proper
				  expenditures.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 43 - TRANSPORTATION - OPERATIONS AND FUNDING › Part 3 - PUBLIC SCHOOL TRANSPORTATION OPERATIONAL FUNDING REPORTING REQUIREMENTS › Section 6.43.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Department
- The public education department.
B.
Transportation distribution
-
				An amount of funding that each school district receives as a result of the
				operational formula calculation established in Sections
				22-8-29,
				22-8-29.1,
				22-8-29.4,
				and
				22-8-29.6
				NMSA, 1978.
C.
Other
				transportation related services
- Other transportation services that
				includes the actual transportation of students to such events as follows:
				ancillary services, school to work programs, educational activities, before and
				after school programs, and school sponsored athletic programs.
D.
To-and-from transportation
-
				Services provided from home to school and from school to home each day that
				school is in session for students in grades kindergarten through twelve
				attending public school within the school district and of three and four-year
				old children who meet the department approved criteria and definition of
				developmentally disabled and for transportation of students to and from their
				regular attendance centers and the place where approved vocational education
				programs are being offered.
E.
Remaining balance
- Unexpended balance at the end of any fiscal
				year that is not obligated or necessary to meet the to-and-from transportation
				services included in the school district budget.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 43 - TRANSPORTATION - OPERATIONS AND FUNDING › Part 3 - PUBLIC SCHOOL TRANSPORTATION OPERATIONAL FUNDING REPORTING REQUIREMENTS › Section 6.43.3.8 - REQUIREMENTS OF THE PUBLIC EDUCATION DEPARTMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The department is responsible for determining the
				  distribution for each school district in accordance with Sections
				  22-8-26,
				  22-8-29,
				  22-8-29.1,
				  22-8-29.4,
				  and
				  22-8-29.6
				  NMSA 1978.
A.
The department
				shall
calculate the remaining balances for each school district and
				submit the amount to each school district that they are allowed to maintain and
				use for to-and -from operations and other transportation related
				services.
B.
The department
				shall
prepare budget and reporting forms for the remaining balances
				carried forward and provide them to each school district.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 43 - TRANSPORTATION - OPERATIONS AND FUNDING › Part 3 - PUBLIC SCHOOL TRANSPORTATION OPERATIONAL FUNDING REPORTING REQUIREMENTS › Section 6.43.3.9 - REQUIREMENTS OF SCHOOL DISTRICTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Each school district
that receives transportation distributions in
				accordance with Sections
				22-8-26,
				22-8-29,
				22-8-29.1,
				22-8-29.4,
				and
				22-8-29.6,
				NMSA, 1978 shall report to the department their budget and expenditures on
				forms provided by the department.
B.
School districts shall
use
				their remaining balance as follows.
(1) At
				least twenty-five percent of the total remaining balance shall be used for
				to-and-from transportation-related services, excluding salaries and
				benefits.
(2) Up to twenty-five
				percent of the total remaining balance may be used for other
				transportation-related services, excluding salaries and benefits.
(3) The school district may use fifty percent
				of the total remaining balance for to-and-from transportation-related services,
				excluding salaries and benefits.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 43 - TRANSPORTATION - OPERATIONS AND FUNDING › Part 4 - REQUIREMENTS FOF SCHOOL BUS SERVICE NEGOTIATIONS WITH CHARTER SCHOOLS › Section 6.43.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Provisions of this rule apply to public school districts and
				  charter schools where to-and-from school bus services are
				  negotiated.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 43 - TRANSPORTATION - OPERATIONS AND FUNDING › Part 4 - REQUIREMENTS FOF SCHOOL BUS SERVICE NEGOTIATIONS WITH CHARTER SCHOOLS › Section 6.43.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  22-2-1,
				  22-16-2,
				  22-16-4
				  and
				  22-8B-4,
				  NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 43 - TRANSPORTATION - OPERATIONS AND FUNDING › Part 4 - REQUIREMENTS FOF SCHOOL BUS SERVICE NEGOTIATIONS WITH CHARTER SCHOOLS › Section 6.43.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 15, 2001, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 43 - TRANSPORTATION - OPERATIONS AND FUNDING › Part 4 - REQUIREMENTS FOF SCHOOL BUS SERVICE NEGOTIATIONS WITH CHARTER SCHOOLS › Section 6.43.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish the parameters of school bus service
				  negotiations between school districts and charter schools.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 43 - TRANSPORTATION - OPERATIONS AND FUNDING › Part 4 - REQUIREMENTS FOF SCHOOL BUS SERVICE NEGOTIATIONS WITH CHARTER SCHOOLS › Section 6.43.4.8 - LOCAL SCHOOL DISTRICT AND CHARTER SCHOOL RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A local school district shall negotiate with a charter school
				  to provide transportation to eligible students. Transportation services are
				  confined within the limits established by the public school district, in
				  conjunction with the charter school. The transportation limits shall be within
				  the school district boundary or as adjusted in accordance with an approved
				  school district transportation boundary agreement.
A. Charter schools shall negotiate
				to-and-from transportation services for eligible students by means of a school
				bus or a per capita feeder agreement only. The charter school may elect not to
				provide transportation services.
B.
				If the to-and-from transportation for the charter school can be provided by
				utilizing the existing to-and-from services or resources, the cost to the
				charter school shall not exceed the amount generated by the eligible student
				allocation. Additional cost for to-and-from services beyond that level shall be
				paid by the charter school as negotiated with the school district, unless the
				services can be provided at no additional cost to the school district or the
				school district chooses to cover the additional cost from the transportation
				allocation.
C. Should a school
				district establish a separate to-and-from transportation system, where such
				services are exclusively for charter school students, the costs associated are
				not considered additional to the charter school. The charter school would not
				generate any additional allocation for the separate to-and-from services and
				the school district shall be responsible for those costs from the
				transportation allocation.
D. A
				copy of the negotiated to-and-from school transportation service agreement
				between the school district and charter school shall be maintained on file with
				the school district and the charter school.
E. A separate transportation budget for the
				charter school shall be submitted to the public education department for review
				or approval.
F. The school district
				shall determine the routes and stops in accordance with section
				22-16-4
				NMSA 1978. A request may be made to the state transportation director for new
				equipment based upon need identified by the school district.
G. The charter school shall provide
				information required by the school district to meet the reporting requirements
				of the state transportation director. The school district is responsible for
				reporting to the state transportation director the information collected on
				transportation from the charter school.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 43 - TRANSPORTATION - OPERATIONS AND FUNDING › Part 4 - REQUIREMENTS FOF SCHOOL BUS SERVICE NEGOTIATIONS WITH CHARTER SCHOOLS › Section 6.43.4.9 - PUBLIC EDUCATION DEPARTMENT RESPONSIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
The state transportation director shall calculate and provide
				  the operational amounts generated by formula for the charter school and the
				  school district.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 50 - INSURANCE › Part 1 - GENERAL PROVISIONS › Section 6.50.1.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to all school districts, charter schools,
				  other educational entities, eligible employees, eligible retired employees,
				  eligible dependents, eligible participating entity governing body members, and
				  persons or entities authorized to participate in the authority's employee
				  benefits, risk-related and due process reimbursement
				  coverages.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 50 - INSURANCE › Part 1 - GENERAL PROVISIONS › Section 6.50.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Subsection D of Section
				  22-29-7 NMSA
				  1978, directs the authority to promulgate necessary rules, regulations and
				  procedures for the implementation of the Public School Insurance Authority Act,
				  Section
				  22-29-1 et
				  seq. NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 50 - INSURANCE › Part 1 - GENERAL PROVISIONS › Section 6.50.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The first
				objective of this part is to set forth the general terms, definitions and
				conditions governing this chapter, Parts 1-18, and to set forth the general
				authority of the board of directors of the authority. This part also includes
				rules to encourage interaction with other state agencies, school districts,
				other educational entities, charter schools and with residents of New Mexico to
				better inform them of the operations of the board and to learn of their needs
				and concerns.
B. The second
				objective of this part is to establish a code of ethics that must be adhered to
				by those persons defined as public officials and to provide penalties for
				failure to comply. The proper operation of a democratic government requires
				that public officials and those attorneys, consultants, agents and employees on
				whom they rely for advice and opinions be independent, impartial, and
				responsible to the people. 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 is to advance openness in government by
				requiring disclosure by public officials of their private interests that may be
				affected by their public acts; to set standards of ethical conduct; to minimize
				pressures on public officials and to establish a process for reviewing and
				settling alleged violations.
C. The
				third objective of this part is to insure, in the interests of public policy,
				that all meetings of a quorum of the authority's board of directors held for
				the purpose of formulating public policy, discussing public business or for the
				purpose of taking any action delegated to the authority shall be open to the
				public unless otherwise provided by law.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 50 - INSURANCE › Part 1 - GENERAL PROVISIONS › Section 6.50.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The definitions listed below apply to all rule pertaining to
				  the authority, the authority's risk-related and employee-benefit coverages and
				  any rules issued by the authority concerning risk or loss prevention, except
				  where other rules contain more specific definitions of the same term or
				  additional terms.
A.
"Abatement"
means the elimination of a recognized risk-related hazard as
				the result of a recommendation by a loss prevention representative or by the
				authority.
B.
"Affidavit of
				domestic partnership"
means a sworn, written statement, in a form
				approved by the authority, by which both members of a domestic partnership
				affirm, solely for the purpose of obtaining employee domestic partner benefits
				through the authority, that:
(1) the partners
				are in an exclusive and committed relationship for the benefit of each other,
				and the relationship is the same as, or similar to, a marriage relationship in
				the state of New Mexico;
(2) the
				partners share a primary residence and have done so for 12 or more consecutive
				months;
(3) the partners are
				jointly responsible for each other's common welfare and share financial
				obligations;
(4) neither partner is
				married or a member of another domestic partnership;
(5) both partners are at least 18 years of
				age;
(6) both partners are legally
				competent to sign an affidavit of domestic partnership; and
(7) the partners are not related by blood to
				a degree of closeness that would prevent them from being married to each other
				in the state of New Mexico.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 50 - INSURANCE › Part 1 - GENERAL PROVISIONS › Section 6.50.1.8 - COMMUNITY RELATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				board recognizes its responsibility to the public to provide information
				concerning all of its actions, its policies, and details of its educational and
				business operations. In recognition of this responsibility the board shall:
(1) open to the public all regular, special
				and emergency meetings of the authority's board of directors, board standing
				committees and board ad hoc committees with notice consistent with the Open
				Meetings Act, Section
				10-15-1
				et seq. NMSA 1978 and the resolution adopted by the board governing open
				meetings;
(2) adopt an annual
				budget at an open public meeting announced publicly in advance;
(3) provide annual reports of financial and
				operational activities to members and to the public upon payment of reasonable
				copying costs pursuant to the Inspection of Public Records Act, Section
				14-2-1
				et seq. NMSA 1978; and
(4) inform
				the public of authority matters through appropriate public news media,
				authority publications and an informational website.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 50 - INSURANCE › Part 1 - GENERAL PROVISIONS › Section 6.50.1.10 - CODE OF ETHICS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Registration
				and disclosure duties of public officials.
(1) Upon becoming a public official, a person
				shall provide registration information to the authority office as listed below.
				This information shall be updated every April and shall be available to the
				public at all times:
(a) name;
(b) address and telephone number;
(c) professional, occupational or business
				licenses;
(d) membership on boards
				of directors of corporations, public or private associations or organizations;
				and
(e) the nature, but not the
				extent or amount, of his financial interests as defined in Subsection X of
				6.50.1.7 NMAC within one month of becoming a public official.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 50 - INSURANCE › Part 2 - CONTRACTS FOR PURCHASE OF PROFESSIONAL SERVICES AND INSURANCE › Section 6.50.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to all school districts, charter schools,
				  other educational entities, eligible employees, eligible retired employees,
				  eligible dependents, eligible participating entity governing body members, and
				  persons or entities authorized to participate in the authority's employee
				  benefits, risk-related and due process reimbursement
				  coverages.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 50 - INSURANCE › Part 2 - CONTRACTS FOR PURCHASE OF PROFESSIONAL SERVICES AND INSURANCE › Section 6.50.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Subsection D of Section
				  22-29-7 NMSA
				  1978, directs the authority to promulgate necessary rules, regulations and
				  procedures for the implementation of the New Mexico Public School Insurance
				  Authority Act, Section
				  22-29-1 et
				  seq. NMSA 1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 50 - INSURANCE › Part 2 - CONTRACTS FOR PURCHASE OF PROFESSIONAL SERVICES AND INSURANCE › Section 6.50.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 1, 2014 unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 50 - INSURANCE › Part 2 - CONTRACTS FOR PURCHASE OF PROFESSIONAL SERVICES AND INSURANCE › Section 6.50.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to establish requirements for
				  procurement of professional services, consulting and insurance services for the
				  authority. The objective is to set out policies to stimulate maximum
				  competition for provision of these services. It is not the objective of this
				  part to restate the Procurement Code, Section 13-1-1 et seq., NMSA 1978, but
				  only to supplement it where necessary.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 50 - INSURANCE › Part 2 - CONTRACTS FOR PURCHASE OF PROFESSIONAL SERVICES AND INSURANCE › Section 6.50.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this part: "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, management 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.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 50 - INSURANCE › Part 2 - CONTRACTS FOR PURCHASE OF PROFESSIONAL SERVICES AND INSURANCE › Section 6.50.2.8 - CONTRACT APPROVAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Every
				contract for professional services, consulting or insurance services shall be
				approved by the board only after its general legal counsel has reviewed it and
				has affirmed it is in compliance with appropriate provisions of the Procurement
				Code, Section 13-1-1 et seq., NMSA 1978 and these rules.
B. All amendments to contracts for
				professional services, consulting or insurance services shall also be subject
				to review and approval by the board's general legal counsel as provided in
				these rules.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 50 - INSURANCE › Part 2 - CONTRACTS FOR PURCHASE OF PROFESSIONAL SERVICES AND INSURANCE › Section 6.50.2.9 - CONTRACT REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				contracts for professional services, consulting or insurance services shall be
				in a form and contain such provisions as may be required by the board and its
				general legal counsel.
B. Each
				contract for professional services, consulting or insurance services shall
				comply with the Governmental Conduct Act, Section
				10-16-1 et
				seq. NMSA 1978. In particular the provisions of Sections
				10-16-7,
				10-16-8
				and
				10-16-9
				NMSA 1978 regarding contracts between state agencies and public officers or
				employees of the state, with the family of the public officer or employee or
				with a business in which the public officer or employee or the family of the
				public officer or employee shall be strictly observed. When financial
				disclosure is required under the Financial Disclosure Act, Section
				10-16A-1
				et seq. NMSA 1978, the disclosure shall be filed with the secretary of
				state.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 50 - INSURANCE › Part 2 - CONTRACTS FOR PURCHASE OF PROFESSIONAL SERVICES AND INSURANCE › Section 6.50.2.10 - PROCEDURES FOR ENTERING INTO CONTRACTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Contracts for professional services,
				consulting or insurance services shall be solicited, negotiated and awarded
				through a competitive sealed proposal process in accordance with the
				Procurement Code, Section 13-1-1 et seq., NMSA 1978. Sole source, emergency and
				small purchases shall also be solicited, negotiated and awarded in accordance
				with the Procurement Code, Section 13-1-1 et seq., NMSA 1978.
B. 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 authority deems relevant. No
				criteria may be used in proposal evaluations that are not set forth in the
				invitation for proposals. The authority 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 authority, taking into consideration the evaluation
				factors set forth in the request for proposals.
C. All prospective contractors shall submit
				to the board a signed completed original of a contract prepared by, reviewed
				and approved by the authority's 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.
D. There shall be no liability whatsoever by
				the authority, and there shall be no services rendered unless those services
				have commenced after approval of a contract for services by the
				board.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 50 - INSURANCE › Part 2 - CONTRACTS FOR PURCHASE OF PROFESSIONAL SERVICES AND INSURANCE › Section 6.50.2.11 - MULTI-TERM CONTRACTS

Current through Register Vol. 35, No. 13, July 16, 2024
Any multi-term contract for services (including the
				  furnishing of insurance) shall only be entered into pursuant to the provisions
				  of the Procurement Code, Section
				  13-1-150
				  NMSA 1978 as amended and supplemented.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 50 - INSURANCE › Part 2 - CONTRACTS FOR PURCHASE OF PROFESSIONAL SERVICES AND INSURANCE › Section 6.50.2.12 - 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 authority. The protest shall be submitted in writing within 15 calendar
				  days after knowledge of the facts or occurrence giving rise to the
				  protest.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 50 - INSURANCE › Part 2 - CONTRACTS FOR PURCHASE OF PROFESSIONAL SERVICES AND INSURANCE › Section 6.50.2.13 - 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.
B. The protest shall:
(1) include the name and address of the
				protestant;
(2) include the
				solicitation number;
(3) provide 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;
(5) a statement of the
				facts or occurrences giving rise to the protest; and
(6) specify the ruling requested from the
				director.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 50 - INSURANCE › Part 2 - CONTRACTS FOR PURCHASE OF PROFESSIONAL SERVICES AND INSURANCE › Section 6.50.2.14 - PROCUREMENTS AFTER PROTEST

Current through Register Vol. 35, No. 13, July 16, 2024
A. In
				the event of a timely protest, as defined in 6.50.2.12 and 6.50.2.13 NMAC, the
				executive director shall not proceed further with the procurement unless he
				makes a written determination that it is necessary to go forward with the award
				of the contract to protect substantial interests of the authority. Such written
				determination shall set forth the basis for the determination.
B. In no circumstance will a procurement be
				halted after a contract has been awarded merely because a protest has been
				filed.
C. 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.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 50 - INSURANCE › Part 2 - CONTRACTS FOR PURCHASE OF PROFESSIONAL SERVICES AND INSURANCE › Section 6.50.2.15 - PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon the filing
				of a timely protest, the burden is on the protestant to give notice of the
				protest to and to cause service to be made (as provided in the Rules of Civil
				Procedure) upon the contractor if award has been made or, if no award has been
				made, notice to and service upon all bidders and offerors who appear to have a
				substantial and reasonable prospect of receiving an award if the protest is
				upheld or denied.
B. The protestant
				and every business that receives notice pursuant to Subsection A of 6.50.2.15
				NMAC will automatically be parties to any further proceedings before the
				executive director. 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 proceedings 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 authority are not parties to the
				proceedings.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 50 - INSURANCE › Part 2 - CONTRACTS FOR PURCHASE OF PROFESSIONAL SERVICES AND INSURANCE › Section 6.50.2.16 - 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 regarding risk-related coverages. 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;
C. require the parties to produce information
				or witnesses under their control for examination;
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 on, 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 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 50 - INSURANCE › Part 2 - CONTRACTS FOR PURCHASE OF PROFESSIONAL SERVICES AND INSURANCE › Section 6.50.2.17 - HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Hearings are
				disfavored and will be held only when the executive director determines that
				substantial material factual issues are present that cannot be resolved
				satisfactorily through an examination of written documents 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 has absolute discretion in establishing the degree of
				formality for any particular hearing. In no event is the executive director
				required to adhere to formal rules of evidence or procedure.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 50 - INSURANCE › Part 2 - CONTRACTS FOR PURCHASE OF PROFESSIONAL SERVICES AND INSURANCE › Section 6.50.2.18 - RESOLUTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The executive
				director shall, within 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 N.M.S.A.
				1978.
New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 50 - INSURANCE › Part 2 - CONTRACTS FOR PURCHASE OF PROFESSIONAL SERVICES AND INSURANCE › Section 6.50.2.19 - RELIEF

Current through Register Vol. 35, No. 13, July 16, 2024
A. If, prior to
				award of a contract, 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 canceled.
B. If, after an award of a contract, 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 interests of the
				authority; 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 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 50 - INSURANCE › Part 2 - CONTRACTS FOR PURCHASE OF PROFESSIONAL SERVICES AND INSURANCE › Section 6.50.2.20 - 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
				6.50.2.18 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. A motion
				for reconsideration shall be filed not later than 10 days after receipt of the
				written determination.
C. The
				executive director shall issue a written response within 10 business days 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.