reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 20 - GOVERNOR'S COMMITTEE ON CONCERNS OF THE HANDICAPPED BY-LAWS › Section 9.4.20.14 - ATTENDANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. For commissioners appointed by the governor: The director shall request the governor to replace any commissioner who is absent for two consecutive regular meetings without an excuse approved by the chairperson regardless of whether a proxy is sent.
B. For statutory commissioners: The director shall notify the governor of any statutory commissioner who fails to attend any two consecutive regular meetings in person or by proxy, and request the governor to take appropriate action.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 20 - GOVERNOR'S COMMITTEE ON CONCERNS OF THE HANDICAPPED BY-LAWS › Section 9.4.20.15 - DUTIES OF THE COMMISSIONERS

Current through Register Vol. 35, No. 13, July 16, 2024
The commissioners shall:
A. perform all duties required by law;
B. hire a director and perform an annual personnel evaluation of the director;
C. approve annual budget requests and operating budgets;
D. ratify inventory deletions;
E. establish priorities for staff activities, according to statute;
F. approve the commission's annual report;
G. adopt positions of support, neutrality or opposition for proposed legislation affecting persons with disabilities;
H. endeavor to learn the needs and concerns of persons with disabilities statewide;
I. perform such other tasks as the governor or legislature may request.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 20 - GOVERNOR'S COMMITTEE ON CONCERNS OF THE HANDICAPPED BY-LAWS › Section 9.4.20.16 - DUTIES OF THE DIRECTOR

Current through Register Vol. 35, No. 13, July 16, 2024
The director shall:
A. direct daily operation of the agency in compliance with applicable laws and regulations;
B. hire and supervise staff as authorized by New Mexico state personnel board rules and regulations;
C. advocate for the achievement of agency goals within state, federal, and local governments, and among service providers, private sector and the general public;
D. maintain close ties to the executive and legislative branches of state government; provide testimony on issues affecting persons with disabilities, and keep advised of the status of legislative actions affecting persons with disabilities or the commission;
E. report on activities in past legislative sessions and present issues expected to be discussed in legislative hearings to the commission prior to each session and promote the positions, if any, adopted on such issues by the commission;
F. notify the chair or vice-chair before traveling out-of-state or taking more than three consecutive days of leave;
G. serve full time in that capacity and shall maintain residency in New Mexico during the times of occupancy of that position;
H. ensure that the annual report is prepared in a timely manner.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 20 - GOVERNOR'S COMMITTEE ON CONCERNS OF THE HANDICAPPED BY-LAWS › Section 9.4.20.17 - CODE OF CONDUCT

Current through Register Vol. 35, No. 13, July 16, 2024
A. All commissioners and staff shall be provided with a copy of the New Mexico Governmental Conflict of Interest Act and shall abide by the terms.
B. Any commissioner endorsing a particular commercial product or service shall do so in their individual capacity only.
C. The commission acts only as a body; commissioners wishing to volunteer time between meetings on commission business are encouraged to do so in consultation with the director. No per diem or travel expenses shall be reimbursed unless the travel or expense was first approved by the director.
D. No commissioner may make any commitment or decision which binds on the commission unless that commissioner received specific authorization.
E. All commissioners and staff shall treat their positions as a public trust. They shall use the powers and resources of their positions only to advance the public interest, and not obtain personal benefits or pursue private interests incompatible with public interest.
F. All commissioners and staff shall protect and maintain state property within their possession and shall promptly report all lost, stolen or damaged property beyond normal wear and tear.
G. All commissioners and staff shall familiarize themselves with applicable rules and laws governing their conduct.
H. All commissioners and staff shall conduct themselves in a manner that justifies the confidence placed in them by the public and at all times shall maintain their integrity and discharge ethically the high responsibilities of public service.
I. All commissioners and staff shall fully disclose all activities which constitute a real or potential conflict of interest.
J. All commissioners and staff shall not engage in undue influence or abuse of their positions.
K. All commissioners and staff shall treat each other and members of the public with appropriate respect and courtesy.
L. Staff shall not hold outside employment or consulting work without the prior written approval of the director. The director shall not hold outside employment or consulting work without the prior written consent of the chair.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 20 - GOVERNOR'S COMMITTEE ON CONCERNS OF THE HANDICAPPED BY-LAWS › Section 9.4.20.18 - EXECUTIVE COMMITTEE

Current through Register Vol. 35, No. 13, July 16, 2024
There is created an executive committee consisting of from three to six members appointed by the chairperson to serve at her or his pleasure. The executive committee shall:
A. Meet at least once between regular commission meetings and keep informed on activities of the agency;
B. Make recommendations to the commission on issues, legislative proposals, budget and finance matters and report on activities in process;
C. Advise the director on courses of action in pursuit of commission goals.
D. Perform specific duties and tasks as assigned by the full commission, including but not limited to:
(1) Review of budget requests and operating budgets;
(2) development of draft strategic plan;
(3) recommendations of special projects or taskforces pertinent to current issue resolutions;
(4) actions relative to the agency director; candidate search, recommendation for hire, annual evaluation and recommendation of termination; and
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 20 - GOVERNOR'S COMMITTEE ON CONCERNS OF THE HANDICAPPED BY-LAWS › Section 9.4.20.20 - COMPENSATION

Current through Register Vol. 35, No. 13, July 16, 2024
Members of the governor's commission on disability shall be reimbursed as provided in the Per Diem Act, Section  10-8-1 et seq. NMSA 1978, but shall receive no other compensation, perquisite or allowance.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 20 - GOVERNOR'S COMMITTEE ON CONCERNS OF THE HANDICAPPED BY-LAWS › Section 9.4.20.21 - AMENDMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
As authorized by the State Rules Act, the Uniform Licensing Act, the attorney general's default procedural rule and other applicable state law, a quorum of the commission may amend its administrative rules.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 20 - GOVERNOR'S COMMITTEE ON CONCERNS OF THE HANDICAPPED BY-LAWS › Section 9.4.20.22 - RESIDENTIAL ACCESSIBILITY MODIFICATION PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
GCD will provide residential accessibility modifications to New Mexicans with disabilities, in accordance with policies and procedures as approved by the commission.
A.
Eligibility:
Applicants must meet all the following eligibility criteria:
(1) Must be a citizen of the United States of America;
(2) must be a resident of New Mexico for at least six months;
(3) must have a physical disability documented by receipt of Social Security Disability Benefits e.g. Social Security Disability Income, other federally issued benefits or a statement from a physician;
(4) must have applied for another appropriate and available residential modification community resource leaving the RAMP as the payer of last resort;
(5) Taxable or reportable income must be within two-hundred fifty percent of the most current federal poverty income eligibility guidelines for medicaid and children's health insurance program.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 21 - GUARDIANSHIP SERVICES › Section 9.4.21.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Developmental Disabilities Planning Council Office
				  of Guardianship (NMDDPC office of guardianship).
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 21 - GUARDIANSHIP SERVICES › Section 9.4.21.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules apply to all New Mexico residents and other New
				  Mexico state agencies requesting guardianship services from the NMDDPC office
				  of guardianship and other private businesses that contract directly with the
				  NMDDPC office of guardianship to provide guardianship
				  services.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 21 - GUARDIANSHIP SERVICES › Section 9.4.21.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  28-16B-1 through
				  28-16B-6 NMSA 1978 permits the
				  NMDDPC office of guardianship to promulgate rules in accordance with the State
				  Rules Act to carry out the provisions of the Office of Guardianship
				  Act.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 21 - GUARDIANSHIP SERVICES › Section 9.4.21.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is establish standards for the
				  provision of guardianship services to income and resource eligible
				  incapacitated adults who are residents of the state of New Mexico, when there
				  are no lesser forms of intervention, such as a power of attorney or surrogate
				  decision maker, available, and to monitor contracts that provide guardianship
				  services.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 21 - GUARDIANSHIP SERVICES › Section 9.4.21.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless defined below, terms used in 9.4.21 NMAC correspond to
				  those defined in NMSA 1978, Section 45-5-101(2009), NMSA 1978, Section
				  45-1-201 or in NMSA, 1978, Section
				  43-1-15. The following words and
				  terms when used in this part shall have the following meanings unless the
				  context clearly indicates otherwise.
A.
"Complaint"
means an
				allegation of wrongdoing by a contractor or a violation of the contract with
				the NMDDPC office of guardianship and the contractor, including but not limited
				to:
(1) failure to provide appropriate
				services;
(2) violations of the
				civil rights of the wards; and
(3)
				abuse, neglect or exploitation of the ward.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 21 - GUARDIANSHIP SERVICES › Section 9.4.21.8 - ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The alleged
				incapacitated person must be eighteen (18) years old to qualify for services
				from the NMDDPC office of guardianship.
B. The alleged incapacitated person must be
				financially and otherwise eligible for medicaid or a similar public
				benefit.
C. For a guardianship
				where the proposed guardian is not a contracted service provider, to obtain
				legal services the proposed guardian's household income must not exceed 200% of
				the federally established poverty level as that term is defined by the federal
				HHS poverty guidelines.
(1) Proof of income is
				required and is determined by the following:
(a) providing the NMDDPC office of
				guardianship a copy of the proposed guardian's most recent federal income tax
				return and proof of all income and benefits such as unemployment compensation,
				child support, food stamps or social security income; or, if no income tax
				return, by completing a financial eligibility form provided by the office of
				guardianship; or
(b) proof of
				qualification by the proposed guardian under any federal or state program with
				income restrictions equal to or greater than that required above.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 21 - GUARDIANSHIP SERVICES › Section 9.4.21.9 - PRIORITIZATION OF SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. In
				general, service will be provided based on the date of application.
B. When service requests exceed capacity,
				funding or resources, individuals in the categories noted in Subparagraph C
				below will be prioritized to receive the first available services, as
				appropriate.
C. Priority
				categories:
(1)
high need
				guardianships:
(a) high need for a
				guardian of last resort (with no family member or other willing, able and
				appropriate to serve as guardian) for an adult protective services (APS)
				referral, military veteran, Jackson class member (former resident of the state
				training schools from 1987 to 1997), Foley referral (former resident of the
				state training schools who was discharged between 1970 and 1987), and
				others;
(b) high need for a
				guardian with a family member or other willing, able and appropriate to serve
				as guardian for a military veteran, Jackson class member or Foley referral
				(does not include others);
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 21 - GUARDIANSHIP SERVICES › Section 9.4.21.10 - DESIGNATION OF SERVICE AREA

Current through Register Vol. 35, No. 13, July 16, 2024
Services are to be provided throughout the state of New
				  Mexico. The NMDDPC office of guardianship recognizes the individual sovereignty
				  of each tribe and pueblo in the state of New Mexico.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 21 - GUARDIANSHIP SERVICES › Section 9.4.21.11 - SERVICES TO BE PROVIDED BY THE NMDDPC OFFICE OF GUARDIANSHIP

Current through Register Vol. 35, No. 13, July 16, 2024
A. The provision of
				adult guardianship services to income eligible, incapacitated persons as
				follows:
(1) contracting with attorneys to
				petition for the appointment of probate code guardians;
(2) contracting with entities/individuals to
				serve as probate code guardians;
(3) contracting with entities/individuals to
				serve as visitors (court visitors) in probate code guardianship
				proceedings;
(4) contracting with
				attorneys to serve as guardian ad litem in probate code guardianship
				proceedings;
(5) serving as an
				interested person pursuant to Subsection 6 of Section
				28-16B-3, NMSA 1978;
(6) identifying available persons to serve as
				mental health treatment guardian;
(7) contracting to provide for recruitment
				and training for persons interested in serving as mental health treatment
				guardians;
(8) providing
				information regarding the duties and responsibilities of probate code
				guardianship, including less restrictive alternatives; and
(9) investigating and addressing complaints
				made against the NMDDPC office of guardianship contractors.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 21 - GUARDIANSHIP SERVICES › Section 9.4.21.12 - REQUIREMENTS OF CONTRACTED GUARDIANSHIP PROVIDERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. meet RFP Requirements when
				published;
B. meet office of
				guardianship requirements including but not limited to:
(1) comply with all the terms of one's
				contract;
(2) agree to be paid at
				the state approved rate;
(3) must
				comply with the Caregivers Criminal History Screening Act (See NMSA, 1978
				29-17-2 );
(4) must become a registered guardian within
				18 months after the award of a contract;
(5) assure the civil rights of the
				incapacitated persons;
(6)
				guarantee access to all records on incapacitated persons assigned through the
				office of guardianship; and
(7)
				comply with the office of guardianship individual caseloads, standards of
				practice and ethics.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 21 - GUARDIANSHIP SERVICES › Section 9.4.21.13 - REFERRAL PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
Any person interested in the well being of an alleged
				  incapacitated person, and seeking guardianship services to be paid for by the
				  NMDDPC office of guardianship, must submit or have submitted a completed
				  application form and provide supporting documentation to the NMDDPC office of
				  guardianship.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 21 - GUARDIANSHIP SERVICES › Section 9.4.21.14 - COMPLAINTS AGAINST A CONTRACTED PROVIDER WITH THE NMDDPC OFFICE OF GUARDIANSHIP

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				A complaint shall be made in writing by the client or another person on behalf
				of the client, including but not limited to a friend, relative, advocate, or
				other interested person, such as a caregiver or provider. An exception to the
				requirement that a complaint shall be made in writing shall be made if a
				reasonable accommodation is necessary.
B. Except as provided in Subsection D of
				9.4.21.14 NMAC, below, prior to filing a complaint against a provider
				contracting with the NMDDPC office of guardianship, individuals shall first try
				to resolve their complaints with the contracted provider through that
				provider's grievance process.
C. If
				the complaining party and contractor are unable to reach a resolution or
				agreement then the complaining party may file a complaint with the office of
				guardianship and may file a copy with the contractor.
D. Exceptions shall be made to Subsections A
				& B of 9.4.21.14 NMAC when the NMDDPC office of guardianship has reason to
				believe that an emergency situation exists or that a delay of the investigation
				could result in harm to the protected person or retaliation by the
				contractor.
E. The complaint should
				include as much information as possible, including the following:
(1) name of the incapacitated
				person;
(2) name of the contact
				information for the individual making the complaint on behalf of the
				incapacitated person;
(3)
				relationship of the complaining party to the incapacitated person;
(4) name of the individual contractor against
				whom the complaint is being made;
(5) name of the party who has attempted to
				resolve the complaint, if known;
(6) what actions have been taken to attempt
				to resolve the complaint;
(7)
				details of the complaint including the alleged wrongdoing, the involved parties
				and when and where the wrongdoing occurred;
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 21 - GUARDIANSHIP SERVICES › Section 9.4.21.15 - COMPLAINTS AGAINST THE NMDDPC OFFICE OF GUARDIANSHIP

Current through Register Vol. 35, No. 13, July 16, 2024
Complaints against the NMDDPC office of guardianship or a
				  staff member of the NMDDPC office of guardianship shall be filed with and
				  investigated by the human services department, by sending a complaint in
				  writing directly to the secretary of human services department with a copy sent
				  to the director of the NMDDPC office of guardianship. (NMSA 2003
				  28-16B-6 E)
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 21 - GUARDIANSHIP SERVICES › Section 9.4.21.16 - TRANSFER OF PROTECTED PERSON FROM A PRIVATE PAY GUARDIANSHIP TO A PROGRAM FUNDED THROUGH THE NMDDPC OFFICE OF GUARDIANSHIP

Current through Register Vol. 35, No. 13, July 16, 2024
A. Purpose: It is not the intention of the
				NMDDPC office of guardianship to create a hardship on any private pay provider
				of guardianship services in cases where resources are being exhausted, but in
				order to work in a more collaborative fashion these procedures are being
				developed to move the private pay protected persons into the state funded
				program under the NMDDPC office of guardianship in a timely and reasonable
				manner to minimize the impact on the protected person.
B. Requirements: In order to affect a
				protected person's transfer to a program funded through the NMDDPC office of
				guardianship, the private pay guardianship must do the following:
(1) obtain an application for services from
				the NMDDPC office of guardianship and fill it out completely (failure to do so
				will result in delay of transfer);
(2) the filing of the request for services
				with the NMDDPC office of guardianship does not guarantee the request will be
				granted;
(3) to be eligible for
				transfer into this program, a protected person must be financially eligible for
				institutional medicaid and medicaid in New Mexico;
(4) appropriate placement must be secured by
				the private pay guardians for the protected person prior to transfer to a
				publically funded guardian;
(5) all
				necessary medical and other information regarding the protected person must be
				provided to the new guardian in a timely manner;
(6) any original legal documents such as
				birth certificates, social security cards, medicaid cards, etc. shall be turned
				over to the new guardian upon appointment;
(7) legal fees for the transferring of the
				case must be paid by the private provider (this would include the closing of
				the conservatorship);
(8) if the
				protected person has a conservatorship and no assets, then the conservatorship
				must be closed prior to transfer; if the conservatorship cannot be closed for
				some appropriate reason, then a complete accounting must be given to the NMDDPC
				office of guardianship at the time of transfer;
(9) there must be a burial policy for the
				ward; ownership is to be transferred by the private provider to the NMDDPC
				office of guardianship's appointed guardian;
(10) these transfers will not be given any
				priority status;
(11) the private
				pay provider will agree to cooperate with the new guardian on matters,
				including, but not limited to, providing any information the new guardian might
				need, which may be in the possession of the private guardian;
(12) these transfers will be effectuated
				according to NMSA 1978, Section
				45-5-307.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 21 - GUARDIANSHIP SERVICES › Section 9.4.21.17 - REQUESTS FOR INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				requests for non-confidential information will be treated as a request for
				inspection of public records under the state inspection of public records act.
				(NMSA 1978, Section
				14-2-1 through
				14-2-12 ).
B. Any requests for confidential information
				or client specific information will be handled according to state and federal
				law. (NMSA 2003
				28-16B-4 B).
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 102 - ELIGIBILITY REQUIREMENTS FOR PARTICIPANTS IN THE TELECOMMUNICATIONS EQUIPMENT DISTRIBUTION PROGRAM › Section 9.4.102.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Commission for the Deaf and Hard of
				  Hearing.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 102 - ELIGIBILITY REQUIREMENTS FOR PARTICIPANTS IN THE TELECOMMUNICATIONS EQUIPMENT DISTRIBUTION PROGRAM › Section 9.4.102.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  63-9F-4 NMSA 1978 directs the
				  commission to "design, establish and administer a program for providing
				  specialized telecommunications equipment to impaired individuals" and to "adopt
				  regulations for the program."
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 102 - ELIGIBILITY REQUIREMENTS FOR PARTICIPANTS IN THE TELECOMMUNICATIONS EQUIPMENT DISTRIBUTION PROGRAM › Section 9.4.102.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 1999, unless a later date is cited at the end of a
				  section and paragraph.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in
					 brackets.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 102 - ELIGIBILITY REQUIREMENTS FOR PARTICIPANTS IN THE TELECOMMUNICATIONS EQUIPMENT DISTRIBUTION PROGRAM › Section 9.4.102.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of the Telecommunications Access Act
				  [63-9F-1 to
				  63-9F-13 NMSA 1978] is to provide
				  a statutory framework and funding under which the opportunity for full access
				  to telecommunications services is made available to hearing or speech impaired
				  New Mexicans. The purpose of the specialized telecommunications equipment
				  program [63-9F-4 NMSA 1978] is to provide
				  specialized telecommunications equipment to impaired
				  individuals.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 102 - ELIGIBILITY REQUIREMENTS FOR PARTICIPANTS IN THE TELECOMMUNICATIONS EQUIPMENT DISTRIBUTION PROGRAM › Section 9.4.102.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The definitions included in Section
				  63-9F-3 NMSA 1978 are hereby
				  incorporated by reference.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 4 - PERSONS WITH DISABILITIES › Part 102 - ELIGIBILITY REQUIREMENTS FOR PARTICIPANTS IN THE TELECOMMUNICATIONS EQUIPMENT DISTRIBUTION PROGRAM › Section 9.4.102.8 - ELIGIBILITY REQUIREMENTS FOR PARTICIPANTS IN THE TELECOMMUNICATIONS EQUIPMENT DISTRIBUTION PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
The following rules for eligibility in the telecommunications
				  equipment distribution program have been adopted by the commission.
A. Income limits: Participants in the program
				must provide:
(1) proof of total household
				income of fifty thousand dollars ($50,000) or less;
(2) if the applicant is a student residing in
				New Mexico and is a dependent of his or her parent(s) as defined by the
				internal revenue service, the parent(s)' income shall be considered "household
				income" regardless if the student resides with the parents and regardless if
				the parent(s) reside within New Mexico.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 5 - NATIVE AMERICANS › Part 2 - ORGANIZATION AND CONDUCT OF BUSINESS › Section 9.5.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule establishes the bylaws of the commission pursuant
				  to Section 73-31-4 NMSA 1953 [now 28-12-6 NMSA 1978], which provides that the
				  "commission shall organize by the election of a vice chairman and a secretary,
				  and by the adoption of rules and regulations pertinent to the conduct of the
				  business of the commission."
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 5 - NATIVE AMERICANS › Part 2 - ORGANIZATION AND CONDUCT OF BUSINESS › Section 9.5.2.8 - MEETINGS

Current through Register Vol. 35, No. 13, July 16, 2024
The commission shall meet at least once every quarter at such
				  time and place as may be determined by the commission and shall hold such other
				  meetings as may be called by the chairman, in accordance with statutory
				  requirement.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 5 - NATIVE AMERICANS › Part 2 - ORGANIZATION AND CONDUCT OF BUSINESS › Section 9.5.2.9 - NOTICE OF MEETINGS

Current through Register Vol. 35, No. 13, July 16, 2024
Notice of time and place of each regular or special meeting
				  shall be given each member prior to the date of said meeting.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 5 - NATIVE AMERICANS › Part 2 - ORGANIZATION AND CONDUCT OF BUSINESS › Section 9.5.2.10 - ORGANIZATION

Current through Register Vol. 35, No. 13, July 16, 2024
The chairman shall be appointed by and serve at the pleasure
				  of the governor, as provided by statute. The vice chairman and secretary shall
				  be elected by the commission from among its membership and shall serve at the
				  pleasure of the commission.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 5 - NATIVE AMERICANS › Part 2 - ORGANIZATION AND CONDUCT OF BUSINESS › Section 9.5.2.11 - CONDUCT OF BUSINESS

Current through Register Vol. 35, No. 13, July 16, 2024
A majority of the total members must be present in person at
				  any regular or special meeting in order to constitute a quorum for the conduct
				  of business. The affirmative vote of the majority of the members present shall
				  be necessary to authorize any action by the commission.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 5 - NATIVE AMERICANS › Part 2 - ORGANIZATION AND CONDUCT OF BUSINESS › Section 9.5.2.12 - ATTENDANCE AT MEETINGS

Current through Register Vol. 35, No. 13, July 16, 2024
If any member of the commission fails to attend any four
				  consecutive meetings called by the chairman; and if there is no indication that
				  the absences are warranted or that such member intends to fulfill his/her
				  obligation as a member, then the chairman shall so advise the
				  governor.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 5 - NATIVE AMERICANS › Part 2 - ORGANIZATION AND CONDUCT OF BUSINESS › Section 9.5.2.13 - AMENDMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Amendments hereto must be presented in writing to each member
				  of the commission in advance of a meeting and shall be voted upon at the next
				  regular or special meeting.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 5 - NATIVE AMERICANS › Part 3 - REPRESENTATION AT OUT OF STATE FUNCTIONS › Section 9.5.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule establishes the policy of the commission with
				  respect to the delegation of authority to represent the commission at
				  out-of-state meetings, conferences or hearings, and procedure to be followed
				  thereunder.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 5 - NATIVE AMERICANS › Part 3 - REPRESENTATION AT OUT OF STATE FUNCTIONS › Section 9.5.3.8 - POLICY

Current through Register Vol. 35, No. 13, July 16, 2024
It is the policy of the commission that out-of-state absences
				  on official business by members of the commission or its staff be restricted to
				  those that will advance the current program and the functions of the
				  commission.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 5 - NATIVE AMERICANS › Part 3 - REPRESENTATION AT OUT OF STATE FUNCTIONS › Section 9.5.3.9 - PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
Representation by any commission member or staff member at
				  out-of-state meetings, conferences or hearings shall require prior
				  authorization by the commission at a regular or other meeting, provided that if
				  no meeting is scheduled to be held in time for such action, the chairman is
				  empowered to grant such authorization in accordance with the policy set forth
				  above.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 5 - NATIVE AMERICANS › Part 4 - STAFF AUTHORITY AND SUPERVISION › Section 9.5.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule establishes the policy of the commission with
				  respect to authority over and supervision of members of the
				  staff.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 5 - NATIVE AMERICANS › Part 4 - STAFF AUTHORITY AND SUPERVISION › Section 9.5.4.8 - POSITIONS EXEMPT FROM PERSONNEL ACT

Current through Register Vol. 35, No. 13, July 16, 2024
Authority to supervise, appoint or dismiss the executive
				  director rests with the commission. Other personnel whose positions are exempt
				  from the Personnel Act shall be employed or whose positions are exempt from the
				  Personnel Act shall be employed or dismissed by the executive director. The
				  responsibility and authority for supervision of their performances shall rest
				  with the executive director.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 5 - NATIVE AMERICANS › Part 4 - STAFF AUTHORITY AND SUPERVISION › Section 9.5.4.10 - TEMPORARY PERSONNEL AND POSITIONS SUBJECT TO PERSONNEL ACT

Current through Register Vol. 35, No. 13, July 16, 2024
Subject to the provisions of the State Personnel Act, the
				  executive director shall have authority to employ, dismiss and supervise
				  personnel whose positions are governed by the act and temporary personnel, and
				  shall be responsible for their performance.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 5 - NATIVE AMERICANS › Part 5 - INDIAN CITIZENSHIP EDUCATIONAL FUNCTIONS › Section 9.5.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule establishes the policy of the commission with
				  respect to informational and educational functions in the field of Indian
				  citizenship.
New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 5 - NATIVE AMERICANS › Part 5 - INDIAN CITIZENSHIP EDUCATIONAL FUNCTIONS › Section 9.5.5.8 - POLICY

Current through Register Vol. 35, No. 13, July 16, 2024
The commission recognizes the need for programs to inform and
				  educate Indian communities concerning their rights and responsibilities as
				  citizens, including the right to vote. The commission's staff shall do
				  everything possible consonant with its approved program to assist and cooperate
				  with appropriate agencies in filling this need upon request; provided that such
				  activities are not associated with a political campaign or a particular
				  candidate. It is not a proper function of the commission to participate in the
				  sponsorship of or arrangements for meetings to hear political candidates during
				  an election campaign.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 1 - PUBLIC SAFETY GENERAL PROVISIONS › Part 3 - ADMINISTRATION OF OATHS AND AFFIRMATIONS AND EXAMINATION OF WITNESSES › Section 10.1.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
The Governors Organized Crime Prevention
				  Commission
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 1 - PUBLIC SAFETY GENERAL PROVISIONS › Part 3 - ADMINISTRATION OF OATHS AND AFFIRMATIONS AND EXAMINATION OF WITNESSES › Section 10.1.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
[Filed June 21, 1977]
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 1 - PUBLIC SAFETY GENERAL PROVISIONS › Part 3 - ADMINISTRATION OF OATHS AND AFFIRMATIONS AND EXAMINATION OF WITNESSES › Section 10.1.3.8 - ADMINISTRATION OF OATHS AND AFFIRMATIONS AND EXAMINATION OF WITNESSES

Current through Register Vol. 35, No. 13, July 16, 2024
At hearings of the commission, the member of the commission
				  who is presiding may permit any member of the commission or its staff to
				  administer oaths and affirmations and examine witnesses.
_______________
Chairman
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 1 - PUBLIC SAFETY GENERAL PROVISIONS › Part 4 - ELECTRONIC OR MECHANICAL RECORDING OF PRIVATE COMMISSION HEARINGS › Section 10.1.4.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
The Governors Organized Crime Prevention
				  Commission
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 1 - PUBLIC SAFETY GENERAL PROVISIONS › Part 4 - ELECTRONIC OR MECHANICAL RECORDING OF PRIVATE COMMISSION HEARINGS › Section 10.1.4.8 - ELECTRONIC OR MECHANICAL RECORDING OF PRIVATE COMMISSION HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
No electronic or mechanical recording of private commission
				  hearings shall be permitted unless the express consent of the executive
				  director is obtained prior to the scheduled date of the hearing.
_______________
Chairman
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 1 - PUBLIC SAFETY GENERAL PROVISIONS › Part 5 - SIGNING OF SUBPOENAS REGULATION 84-1 › Section 10.1.5.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
The Governors Organized Crime Prevention
				  Commission.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 1 - PUBLIC SAFETY GENERAL PROVISIONS › Part 5 - SIGNING OF SUBPOENAS REGULATION 84-1 › Section 10.1.5.8 - SIGNING OF SUBPOENAS

Current through Register Vol. 35, No. 13, July 16, 2024
Subpoenas issued by the commission shall be signed by five
				  (5) or more commissioners. A commissioner may sign a subpoena at a duly
				  convened meeting of the commission, or, in his discretion, at any other time or
				  place;
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 1 - PUBLIC SAFETY GENERAL PROVISIONS › Part 5 - SIGNING OF SUBPOENAS REGULATION 84-1 › Section 10.1.5.9 - SIGNATURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. In the event
				that a subpoena needs to be issued immediately, any commissioner, in his
				discretion, may authorize the director or deputy director to sign his name to
				such subpoena, provided:
(1) The director or
				deputy director shall inform the commissioner of the circumstances requiring
				immediate issuance and the anticipated testimony and/or exhibits to be received
				by the subpoena, and
(2) It is
				impractical or unduly burdensome for the commissioner to personally sign the
				subpoena.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 1 - PUBLIC SAFETY GENERAL PROVISIONS › Part 5 - SIGNING OF SUBPOENAS REGULATION 84-1 › Section 10.1.5.10

Current through Register Vol. 35, No. 13, July 16, 2024
Adopted and made effective this 14 day of June, 1984, by a
				  vote of 6 to 0.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 1 - PUBLIC SAFETY GENERAL PROVISIONS › Part 6 - DISQUALIFICATION OF COMMISSIONERS › Section 10.1.6.8 - DISQUALIFICATION OF COMMISSIONERS

Current through Register Vol. 35, No. 13, July 16, 2024
Any commissioner, legislative oversight committee member or
				  commission staff member may disqualify himself from participating in any
				  commission business or proceeding ln which his impartiality might reasonably be
				  questioned, including but not limited to instances where:
A. he has a personal bias or prejudice
				concerning any person or matter being investigated by the commission, or
				personal knowledge of the subject matter of such investigation;
B. he served as lawyer in the matter that is
				subject of an investigation, or a lawyer with whom he previously practiced law
				served during such association as a lawyer concerning the matter, or the
				commissioner, legislative oversight committee member, commission staff member
				or such lawyer has been a material witness concerning it.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 1 - PUBLIC SAFETY GENERAL PROVISIONS › Part 6 - DISQUALIFICATION OF COMMISSIONERS › Section 10.1.6.9

Current through Register Vol. 35, No. 13, July 16, 2024
Adopted and made effective this 25 day of March, 1985, by a
				  vote of 7 to 0.
_______________
Chairman
Governor's Organized Crime Prevention
				  Commission
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY › Part 2 - EXPUNGEMENT OF ARREST RECORDS AND RELATED PUBLIC RECORDS › Section 10.2.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons who seek to expunge arrest and public records in
				  accordance with the Criminal Records Expungement Act.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY › Part 2 - EXPUNGEMENT OF ARREST RECORDS AND RELATED PUBLIC RECORDS › Section 10.2.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections 29-3A-1 through 29-3A-7 NMSA 1978 of the Criminal
				  Records Expungement Act require the Department to develop rules and procedures
				  to implement the Criminal Record Expungement Act.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY › Part 2 - EXPUNGEMENT OF ARREST RECORDS AND RELATED PUBLIC RECORDS › Section 10.2.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of the rule is to provide a procedure whereby
				  persons who seek to expunge arrest records and public records related thereto,
				  may request a DPS RAP sheet, and be informed of the need to obtain the
				  Petitioner's United States Department of Justice Federal Bureau of
				  Investigations FBI RAP sheet.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY › Part 2 - EXPUNGEMENT OF ARREST RECORDS AND RELATED PUBLIC RECORDS › Section 10.2.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
For purposes of this rule, the following terms have the
				  following meaning:
A.
Arrest
				records
are records of identification of a person under arrest or under
				investigation for a crime taken or gathered by an official, including
				information gathered from the national crime information center or another
				criminal record database, photographs, fingerprints and booking sheets. Arrest
				records do not include:
1) citations for
				driving while intoxicated maintained by the New Mexico Department of Taxation
				and Revenue;
2) computer-aided
				dispatch information; or
3) log
				books relating to breath alcohol testing equipment.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY › Part 2 - EXPUNGEMENT OF ARREST RECORDS AND RELATED PUBLIC RECORDS › Section 10.2.2.8 - NEED FOR STATE AND FEDERAL RECORD OF ARRESTS AND PROSECUTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. If in order to
				complete the Petition, or otherwise to obtain the expungement of records, a
				Petitioner is required by a court to obtain Petitioner's DPS RAP sheet or
				Petitioner's FBI RAP sheet, Petitioner may follow the procedure set forth
				herein.
B. The DPS RAP sheet may be
				obtained by completing the Authorization for Release of Information and signing
				it before a notary public, then submitting the completed and notarized original
				Authorization for Release of Information, together with the required fee, to
				the Department. The Authorization for Release of Information form and
				information regarding the appropriate fee are available on the Department's
				website at
http://www.ttb.govhttps://www.dps.nm.gov/top-links-for-nm-residents/fingerprinting-and-background-checks
or by calling the Department Law Enforcement Records Bureau at (505)
				827-9181.
C. The FBI RAP sheet must
				be obtained directly from the FBI. Instructions on how to obtain the FBI RAP
				Sheet may be found at
				https://www.fbi.gov/services/cjis/identity-history-summary-checks and
https://www.edo.cjis.gov/#/
.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY › Part 2 - EXPUNGEMENT OF ARREST RECORDS AND RELATED PUBLIC RECORDS › Section 10.2.2.9 - SERVICE ON DEPARTMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Service of the Petition may be made on the Department by any method permitted
				by Rule 1-004 H of the New Mexico Rules of Civil Procedure.
B. Service by mail or commercial courier
				service shall be made by certified mail, return receipt requested or commercial
				courier service which requires delivery signature by a Department employee.
				Service is complete on the date of the required signature.
C. Service by mail or commercial courier
				service shall be addressed to "LERB, New Mexico Department of Public Safety" at
				either P.O. Box 1628 Santa Fe, N.M., 87504-1628 or 4491 Cerrillos Rd., Santa
				Fe, N.M., 87507.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY › Part 3 - PROCEDURE TO CONTEST SORNA EQUIVALENCY DETERMINATION › Section 10.2.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All individuals convicted in another jurisdiction pursuant to
				  state, federal, tribal or martial law, of the equivalent of a "sex offense", as
				  defined in Section
				  29-11A-3
				  NMSA 1978, who seek to contest a determination that registration as a sex
				  offender in New Mexico is required.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY › Part 3 - PROCEDURE TO CONTEST SORNA EQUIVALENCY DETERMINATION › Section 10.2.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Subsection G of Section
				  29-11A-5
				  NMSA 1978, requires the department to adopt rules necessary to carry out the
				  provisions of the act.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY › Part 3 - PROCEDURE TO CONTEST SORNA EQUIVALENCY DETERMINATION › Section 10.2.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to provide a procedure whereby
				  an out-of-state registrant may contest a determination by the New Mexico
				  department of public safety that the out-of-state registrant must register as a
				  sex offender in New Mexico which procedure includes notice, an opportunity to
				  be heard, and judicial review.
New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY › Part 3 - PROCEDURE TO CONTEST SORNA EQUIVALENCY DETERMINATION › Section 10.2.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
For purposes of this rule, the following terms have the
				  following meaning:
A.
"Department"
means the New Mexico department of public
				safety.
B.
"Out-of-state
				registrant"
means any person who establishes a residence in New Mexico
				while the person is required to register as a sex offender in another state or
				territory.
C.
"Translation"
means the comparison of a conviction rendered under
				state (other than New Mexico), international, federal, tribal, or military law
				with the sex offenses enumerated in Subsection I of Section
				29-11A-3
				NMSA, 1978, for the purpose of determining whether that conviction is the
				equivalent of a sex offense enumerated in Subsection I of Section
				29-11A-3
				NMSA 1978.