reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 1 - GENERAL PROVISIONS › Section 1.8.1.12 - CIVIL ACTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. If,
				after an assessment pursuant to
				1.8.1.10 NMAC or an investigation
				pursuant to
				1.8.1.11 NMAC, the director
				concludes that the subject of the investigation has violated or will violate
				the ethics laws, the director shall ask the Commission to approve the
				initiation of a civil action under Subsection F of Section
				10-16G-9 NMSA 1978 and any other
				applicable statutory authority or a referral to the house of representatives
				for impeachment proceedings under Subsection C of Section
				10-16-14 NMSA 1978.
B. The approval of the Commission is required
				to initiate a civil action or to refer a matter to the house of representatives
				for impeachment proceedings.
C. In
				seeking approval from the Commission to initiate a civil action or refer a
				matter for impeachment proceedings, the director shall provide a written
				explanation of the factual basis for the proposed civil action and the list of
				remedies sought. In seeking approval from the Commission to refer a matter to
				the house of representatives for impeachment proceedings, the director shall
				provide a written explanation of the factual basis for the proposed referral
				and explain why a referral under Subsection C of Section
				10-16-14 NMSA 1978 is
				appropriate.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 1 - GENERAL PROVISIONS › Section 1.8.1.13 - NO FURTHER ACTION ON INFORMAL COMPLAINT

Current through Register Vol. 35, No. 13, July 16, 2024
If the director determines that an informal complaint is
				  unsubstantiated, does not imply a violation of the ethics laws, or that the
				  assessment or investigation is not a reasonable use of Commission resources and
				  personnel, the director may decide to take no further action on the informal
				  complaint and close the matter.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 1 - GENERAL PROVISIONS › Section 1.8.1.14 - REFERENCE TO OTHER DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
When a rule issued by the commission refers to another rule,
				  regulation or statute, or other document, the reference, unless stated
				  specifically to the contrary, is continuous and intended to refer to all
				  amendments of the rule, regulation, statute or document.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 1 - GENERAL PROVISIONS › Section 1.8.1.15 - INTERPRETATION OF TERMS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless the context otherwise requires:
A. Singular/plural. Words used in the
				singular include the plural; words used in the plural include the
				singular.
B. Gender. Words used in
				the neuter gender include the masculine and feminine. The personal pronoun in
				either gender may be used in these rules to refer to any person, firm or
				corporation.
C.
				Permissive/mandatory. May is permissive; shall and must are
				mandatory.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 1 - GENERAL PROVISIONS › Section 1.8.1.16 - USE OF PRESCRIBED FORMS

Current through Register Vol. 35, No. 13, July 16, 2024
The director may prescribe forms to carry out specified
				  requirements of these rules or the state ethics commission act. Prescribed
				  forms, or their substantial equivalent, must be used when available, unless
				  these rules state otherwise or the director waives this requirement in writing.
				  The director shall accept filings made on legible copies of prescribed
				  forms.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 1 - GENERAL PROVISIONS › Section 1.8.1.17 - ADDRESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. By mail: Director,
				State Ethics Commission, 800 Bradbury Dr. SE, Ste. 215, Albuquerque, NM
				87106.
B. In person: State Ethics
				Commission, 800 Bradbury Dr. SE, Ste. 215, Albuquerque, NM 87106.
C. By email:
				ethics.commission@sec.nm.gov.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 1 - GENERAL PROVISIONS › Section 1.8.1.18 - COMMISSION MEETINGS

Current through Register Vol. 35, No. 13, July 16, 2024
The time, location, and format of commission meetings is
				  determined in accordance with this section.
A.
Time, place, and duration.
The commission chair, in consultation with the director, shall determine the
				time, place, format, and duration of commission meetings necessary to conduct
				the commission's business.
B.
Executive Session.
Upon motion and vote of a quorum, the
				commission may enter into a closed, executive session to discuss matters that
				are confidential under the State Ethics Commission Act, Section
				10-16G-1 NMSA 1978, and as
				otherwise permitted by the Open Meetings Act, Section
				10-15-1 NMSA 1978.
C.
Virtual meetings.
With the
				consent of the commission chair, the commission may meet virtually via web or
				teleconference. In the event the commission meets virtually, the meeting should
				occur on a platform that allows members of the public to observe and
				participate. At a virtual or telephonic meeting, each commissioner
				participating shall be identified when speaking and all meeting participants
				and members of the public attending must be able to hear every person who
				speaks during the meeting. The commission staff shall record virtual meetings
				and make the recordings (except for recordings of closed executive sessions)
				available for public inspection.
D.
Attendance by individual commissioners.
An individual commissioner
				may attend a physical commission meeting virtually, through telephone phone or
				web conference provided that each commissioner participating by conference
				telephone can be identified when speaking, and those attending may hear every
				person who speaks during the meeting.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 1 - GENERAL PROVISIONS › Section 1.8.1.19 - COMPUTATION OF TIME

Current through Register Vol. 35, No. 13, July 16, 2024
In computing any period of time prescribed or allowed by
				  these rules, the day from which the period of time begins to run shall not be
				  included. The last calendar day of the time period shall be included in the
				  computation, unless it is a Saturday, Sunday or a day on which the state
				  observes a legal holiday or emergency closure. In case of any such closure, the
				  period of time runs to the close of business on the next regular workday. If
				  the period is less than 11 days, a Saturday, Sunday, legal holiday or emergency
				  closure day is excluded from the computation.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 1 - GENERAL PROVISIONS › Section 1.8.1.20 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any provision of Chapter 8 of these rules, or the
				  application or enforcement thereof, is held invalid, such invalidity shall not
				  affect other provisions or applications of Chapter 8 of these rules which can
				  be given effect without the invalidated provisions or applications, and to this
				  end the several provisions of Chapter 8 of these rules are hereby declared
				  severable.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 2 - RECUSAL AND DISQUALIFICATION OF COMMISSIONERS › Section 1.8.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
State ethics commission (the commission), 800 Bradbury Dr.
				  SE, Ste. 217, Albuquerque, NM 87106.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 2 - RECUSAL AND DISQUALIFICATION OF COMMISSIONERS › Section 1.8.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to all proceedings, cases, and hearings
				  before the commission and all parties that appear before the commission, unless
				  a more specific statutory or regulatory provision applies to the specific type
				  of hearing being conducted.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 2 - RECUSAL AND DISQUALIFICATION OF COMMISSIONERS › Section 1.8.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Subsection H of Section
				  10-16G-7
				  of the State Ethics Commission Act, Section
				  10-16G-1
				  NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 2 - RECUSAL AND DISQUALIFICATION OF COMMISSIONERS › Section 1.8.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 2020, unless a later date is cited at the end of a
				  section, in which case the later date is the effective date.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 2 - RECUSAL AND DISQUALIFICATION OF COMMISSIONERS › Section 1.8.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to ensure that all decisions
				  and actions taken by the state ethics commission are free of undue or unlawful
				  influences of any kind, real or apparent. The rule requires commissioners to
				  evaluate their personal interests and attitudes, and to fairly and honestly
				  consider such issues whether or not raised by parties. When appropriate,
				  commissioners shall withdraw from acting on any matter where a real or apparent
				  conflict of interest could undermine the confidence of the public in the
				  fairness of the commission. The rules adopted in this part shall be interpreted
				  and applied to achieve the purposes and objectives for which the commission has
				  been established.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 2 - RECUSAL AND DISQUALIFICATION OF COMMISSIONERS › Section 1.8.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Disqualification"
means the removal by the commission of a
				commissioner from involvement in a matter of any kind upon a motion by any
				party alleging a real or apparent conflict of interest or other cause that
				reasonably calls into question the commissioner's ability to act impartially in
				that matter;
B.
"Pecuniary
				interest"
means the stricter applicable definition of "financial
				interest" in Subsection F of Section
				10-16-2,
				the Governmental Conduct Act, Section
				10-16-1
				NMSA 1978, or in Section
				13-1-57
				NMSA 1978, the Procurement Code, Section
				13-1-28
				NMSA 1978;
C.
"Personal bias
				or prejudice"
of a commissioner means a predisposition toward or against
				a person based on a previous or ongoing relationship that renders the
				commissioner unable to exercise the commissioner's functions
				impartially;
D.
"Recusal"
means the withdrawal of a commissioner from a commission matter of any
				kind on the grounds that it is inappropriate for the commissioner to
				participate because of an actual or apparent conflict of interest or lack of
				impartiality in that matter;
E.
				Other words and phrases used in this part have the same meaning as found in
				1.8.1.7 NMAC and 1.8.3.7 NMAC.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 2 - RECUSAL AND DISQUALIFICATION OF COMMISSIONERS › Section 1.8.2.8 - RECUSAL AND DISQUALIFICATION OF COMMISSIONERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. GROUNDS FOR RECUSAL: A commissioner shall
				recuse from a matter in which the commissioner is unable to make a fair and
				impartial decision, or in which there is reasonable doubt over whether the
				commissioner can make a fair and impartial decision, because the commissioner:
(1) has, or appears to have, a personal bias
				or prejudice concerning a party to the matter;
(2) has prejudged a disputed evidentiary fact
				involved in the matter;
(3) has a
				pecuniary interest in the outcome of the matter;
(4) has previously served as an attorney,
				advisor, consultant or witness in the matter in controversy;
(5) has served as a hearing officer in the
				matter pursuant to Subsection A of 1.8.3.13 NMAC; or
(6) believes it is inappropriate to
				participate in the matter because of an actual or apparent conflict of interest
				or lack of impartiality in the matter.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 2 - RECUSAL AND DISQUALIFICATION OF COMMISSIONERS › Section 1.8.2.9 - LIMITATIONS ON PARTICIPATION BY A COMMISSIONER WHO HAS RECUSED OR BEEN DISQUALIFIED

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				commissioner who has recused or been disqualified on a matter:
(1) shall not participate further in any
				proceedings relating to the matter;
(2) shall be excused from the meeting for any
				part of the proceedings relating to the matter.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 2 - RECUSAL AND DISQUALIFICATION OF COMMISSIONERS › Section 1.8.2.10 - APPOINTMENT OF TEMPORARY COMMISSIONERS WHEN SEVERAL COMMISSIONERS RECUSE OR ARE DISQUALIFIED

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon
				recusal or disqualification of two or more commissioners from a proceeding, the
				remaining commissioners shall, by a majority vote, appoint temporary
				commissioners to participate in that proceeding.
B. Temporary commissioners shall be appointed
				in accordance with the political affiliation, geographical representation,
				cultural diversity and other qualifications set forth in the State Ethics
				Commission Act. History of 1.8.2 NMAC
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 3 - ADMINISTRATIVE HEARINGS › Section 1.8.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
State ethics commission (the commission), 800 Bradbury Dr.
				  SE, Ste. 215, Albuquerque, New Mexico 87106.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 3 - ADMINISTRATIVE HEARINGS › Section 1.8.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to all proceedings, cases, and hearings
				  before the commission and all parties that appear before the
				  commission.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 3 - ADMINISTRATIVE HEARINGS › Section 1.8.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Paragraphs 2 and 3 of Subsection A of Section
				  10-16G-5
				  NMSA 1978; Paragraph 5 of Subsection B of Section
				  10-16G-6
				  NMSA 1978; Subsection H of Section
				  10-16G-7
				  NMSA 1978; Subsection C of Section
				  10-16G-12
				  NMSA 1978; Section
				  1-19-34.8
				  of the Campaign Reporting Act, Section
				  1-19-1
				  NMSA 1978; Section
				  2-11-8.3
				  of the Lobbyist Regulation Act, Section
				  2-11-1 NMSA 1978;
				  Section
				  2-15-8
				  NMSA 1978 ; Sections
				  10-16-11,
				  10-16-13,
				  10-16-14
				  and
				  10-16-18
				  of the Governmental Conduct Act, 10-16-1 NMSA 1978; Sections
				  10-16A-5,
				  10-16A-6,
				  and
				  10-16A-8
				  of the Financial Disclosure Act, 10-16A-1 NMSA 1978; Section 10-16B-5 of the
				  Gift Act, Section
				  10-16B-1
				  NMSA 1978; and Section
				  13-1-196.1
				  of the Procurement Code, Section
				  13-1-28
				  NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 3 - ADMINISTRATIVE HEARINGS › Section 1.8.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 2020, unless a later date is cited at the end of a
				  section, in which case the later date is the effective date.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 3 - ADMINISTRATIVE HEARINGS › Section 1.8.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following terms apply to these rules unless their
				  context clearly indicates otherwise:
A.
"Appellant"
is a party who
				requests that the commission review and change the decision of the hearing
				officer.
B.
"Appellee"
is a party to an appeal arguing that the hearing officer's decision is correct
				and should stand.
C.
"Blackout period"
means the period beginning 60 days before a
				primary or general election in which a person against whom a complaint is filed
				is a candidate, and ending on the day after that election.
D.
"Brief"
is a document
				summarizing the facts and points of law of a party's case. It may be offered to
				or requested by a hearing officer or filed in an appeal to the commission. For
				example, a "brief in chief" is filed with the commission by the appellant. An
				"answer brief" is filed by the appellee in response to the
				brief-in-chief.
E.
"Candidate"
as used in this part, has the same meaning as it does
				in Subsection G of Section
				1-19-26 NMSA 1978 of the Campaign
				Reporting Act, Section
				1-19-25 NMSA 1978.
F.
"Case management system"
is
				the commission's electronic filing and notification system for complaints,
				which may be accessed at
https://sec.nm.gov/proceedings
.
G.
"Claim"
is a complainant's
				allegation that a respondent violated a particular provision of law.
H.
"Designated district court
				judge"
is an active or pro tempore district judge who has been appointed
				by the chief justice of the supreme court to consider the issuance and
				enforcement of subpoenas applied for by the commission.
I.
"Discriminatory practice,"
as
				used in this part, has the same meaning as it does in Subsection L of Section
				28-1-2 of the Human Rights Act,
				Section 28-1-1 NMSA 1978.
J.
"Lobbyist's employer"
as used
				in this part, has the same meaning as it does in Subsection F of Section
				2-11-2 of the Lobbyist Regulation
				Act, Section
				2-11-1 NMSA 1978.
K.
"Meeting"
means a meeting of
				the commission duly noticed and conducted in compliance with the requirements
				of the Open Meetings Act, Section
				10-15-1 NMSA 1978.
L.
"Party" and "Parties"
means
				the named persons in a proceeding before the commission or a hearing
				officer.
M.
"Person"
means any individual or entity.
N.
"Pleading"
means any written request, motion, or proposed action
				filed by a party with the hearing officer or commission.
O.
"Qualified hearing officer"
means an official appointed by the director in accordance with these rules to
				conduct an administrative hearing to enable the commission to exercise its
				statutory powers.
P.
"Records"
means all documents, papers, letters, books, maps,
				tapes, photographs, recordings and other materials, regardless of physical form
				or characteristics, whether or not the records are required by law to be
				created or maintained.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 3 - ADMINISTRATIVE HEARINGS › Section 1.8.3.8 - STANDING ORDERS

Current through Register Vol. 35, No. 13, July 16, 2024
The director may issue, or withdraw, standing orders
				  addressing general practice issues and filing protocols for the handling of
				  cases before the commission or its hearing officers. Such standing orders will
				  be displayed publicly at commission facilities, any commission website, and in
				  any applicable information provided with a notice of hearing. The parties
				  appearing before the commission or its hearing officers are expected to comply
				  with standing orders.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 3 - ADMINISTRATIVE HEARINGS › Section 1.8.3.9 - COMPLAINTS FILING REQUIREMENTS AND LIMITATIONS; AMENDMENTS; NOTICE; TIME LIMITATIONS; CONSOLIDATION; COMMISSION-INITIATED COMPLAINTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The commission shall
				investigate allegations of violations of any statutes or constitutional
				provisions over which the legislature gives it jurisdiction. [Such] Complaints
				concerning such violations may be filed against any public official, public
				employee, candidate, person subject to the Campaign Reporting Act, government
				contractor, lobbyist, lobbyist's employer, or a restricted donor subject to the
				Gift Act.
(1) The commission may initiate a
				proceeding before the commission concerning an alleged violation:
(a) through the filing of a complaint with
				the commission by any person which alleges that the complainant has actual
				knowledge of the alleged violation of such statutes or constitutional
				provisions;
(b) by initiating its
				own complaint alleging a violation of any statute or constitutional provision
				over which the commission has jurisdiction against a person subject to the
				jurisdiction of the commission, pursuant to Paragraph (1) of Subsection C of
				Section 10-16G-5 NMSA 1978; or
(c) by accepting a complaint filed with
				another public agency or legislative body and forwarded by that agency or
				legislative body to the commission pursuant to Subsection B or E of Section
				10-16G-9 NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 3 - ADMINISTRATIVE HEARINGS › Section 1.8.3.10 - DIRECTOR'S RESPONSIBILITIES UPON RECEIVING A COMPLAINT; RESPONDENT'S OPPORTUNITY TO RESPOND; JURISDICTIONAL REVIEW; REFERRALS; NOTIFICATION TO PARTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Within
				seven days of receiving a complaint, the director shall notify the respondent
				of the filing of the complaint; provided that, for any complaint filed pursuant
				to Subparagraph (a) of Paragraph (1) of Subsection A of
				1.8.3.9 NMAC, the director shall
				ensure that the complaint satisfies the filing requirements set forth in
				Paragraph (1) of Subsection A of
				1.8.3.9 NMAC before notifying the
				respondent of the filing of the complaint.
B. Upon receiving a complaint pursuant to
				Subparagraph (a) or (c) of Paragraph (1) of Subsection A of
				1.8.3.9 NMAC, the director shall,
				within 10 days, review the complaint to determine whether it is within the
				commission's jurisdiction.
C. If
				the director determines that a complaint is within the jurisdiction of the
				commission, unless otherwise provided in Subsection D of this Section, the
				director shall:
(1) provide the complainant
				with notice that the commission has jurisdiction for the complaint;
(2) provide the respondent with notice of the
				complaint and inform the respondent that the respondent may file with the
				commission a responsive pleading answering the complaint's assertion of facts
				and presenting arguments that the complaint is frivolous, unsubstantiated or
				not supported by probable cause within 15 days from the date of receiving the
				director's notification and serve the same upon the complainant; and
(3) forward the complaint to the general
				counsel to initiate an investigation. Upon receiving the respondent's
				responsive pleading, the general counsel may request the complainant to file a
				reply by a date set out in the request.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 3 - ADMINISTRATIVE HEARINGS › Section 1.8.3.11 - GENERAL COUNSEL'S INVESTIGATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon receiving notice of the director's
				determination that the commission has jurisdiction over the complaint, the
				general counsel shall determine whether the complaint is frivolous or
				unsubstantiated, or supported by probable cause.
B. To perform the investigation into whether
				probable cause supports the complaint, the general counsel, or the general
				counsel's designee, may administer oaths, interview witnesses under oath, and
				examine books, records, documents and other evidence reasonably related to the
				complaint. The general counsel, or the general counsel's designee, may:
(1) Request to inspect books, records,
				documents and other evidence reasonably related to a complaint; request the
				complainant or respondent to admit certain facts; and serve written
				interrogatories, to be responded to under oath at a time therein
				specified;
(2) Interview a witness
				under oath and outside the presence of the parties; and
(3) Notice and take the deposition of any
				person, including any party, subject to the following provisions:
(a) The general counsel, or the general
				counsel's designee, may put the witness on oath or affirmation and shall
				personally, or by someone acting at the general counsel's direction, record the
				testimony of the witness.
(b) Any
				objection during a deposition shall be stated concisely in a non-argumentative
				and non-suggestive manner. Objections to form or foundation may only be made by
				stating "objection-form" or "objection-foundation". When a question is pending,
				or a document has been presented to the witness, no one may interrupt the
				deposition until the answer is given, except when necessary to preserve a
				privilege.
(c) All objections shall
				be noted by the general counsel or the general counsel's designee upon the
				record of the deposition; but the examination shall proceed, with the testimony
				being taken subject to the objections, except where the objection is based on
				an assertion of privilege made in good faith.
(d) The general counsel, or the general
				counsel's designee, shall certify on the deposition that the witness was duly
				sworn by the general counsel or the general counsel's designee and that the
				deposition is a true record of the testimony given by the witness.
(e) A witness who appears at a deposition may
				receive one day's expenses provided by Subsection A of Section
				10-8-4 NMSA 1978 as per diem for
				nonsalaried public officers attending a board or committee meeting and the
				mileage provided by Subsection D of Section
				10-8-4 NMSA 1978. The Commission
				is not required to tender expenses and mileage before the witness appears at a
				deposition, and may require the witness to provide information needed to
				facilitate payment of expenses and mileage (such as IRS form W9) as a condition
				of payment.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 3 - ADMINISTRATIVE HEARINGS › Section 1.8.3.12 - SUBPOENAS; ENFORCEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. If
				the general counsel determines it is necessary, the director shall request the
				commission's authority to file a petition with the designated district court
				judge or other judge pro tempore as designated pursuant to order of the chief
				judge of the supreme court:
(1) to issue a
				subpoena to obtain testimony of a person or the production of books, records,
				documents or other evidence reasonably related to an investigation;
(2) to order enforcement if the person
				subpoenaed neglects or refuses to comply; or
(3) to resolve any assertion of
				privilege.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 3 - ADMINISTRATIVE HEARINGS › Section 1.8.3.13 - PROBABLE CAUSE DETERMINATIONS AND CONSEQUENCES; INVESTIGATION REPORTS AND RECOMMENDATIONS TO COMMISSION; DISPOSITION BY AGREEMENT; NOTICE TO PARTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. At the conclusion of
				the investigation provided by
				1.8.3.11 NMAC, the general counsel
				shall determine whether the complaint is frivolous or unsubstantiated.
(1) If the general counsel determines that a
				complaint is frivolous or unsubstantiated, a hearing officer must dismiss the
				complaint. In that event, the complainant and the respondent shall be notified
				in writing of the decision and the reasons for the dismissal. Neither the
				complaint nor the action taken on the complaint shall be made public by the
				commission or any staff member or contractor of the commission, but the
				complainant or respondent shall not be prevented from making public the
				complaint or any action taken on the complaint.
(2) If the general counsel determines that a complaint is not
				frivolous or unsubstantiated, the general counsel shall prepare a summary of
				the investigation and a specification setting forth all violations reasonably
				related to the allegations in the complaint. The general counsel shall provide
				the summary, the specification, and all supporting evidence to the executive
				director. The executive director shall designate a hearing officer meeting the
				qualifications set out in Subsection A of
				1.8.3.14 NMAC to determine whether
				the complaint is supported by probable cause.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 3 - ADMINISTRATIVE HEARINGS › Section 1.8.3.15 - APPEALS; ENFORCEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				complainant or respondent may appeal the final decision of the hearing officer
				within 30 days of the issuance of the decision to the full commission by filing
				a notice stating:
(1) each party taking the
				appeal and each party against whom the appeal is taken;
(2) the name, address, telephone number and
				email address of counsel for the appellant;
(3) the decision or part of a decision from
				which the party appeals; and
(4)
				the specific grounds for the appeal, including specific references to any
				evidence or law interpreted by the hearing officer.
(5) If the hearing officer issued a final
				decision on a complaint that was initiated by the commission under Paragraph
				(1) of Subsection C of Section
				10-16G-5 NMSA 1978 and Subsection
				E of 1.8.3.9 NMAC, or where the general
				counsel has intervened under Section G of
				1.8.3.14 NMAC, then the general
				counsel may appeal the hearing officer's decision within 30 days of the
				issuance by filing a notice stating the information required in subsections (1)
				through (4) above.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 3 - ADMINISTRATIVE HEARINGS › Section 1.8.3.16 - OPEN RECORDS AND CONFIDENTIALITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Thirty days after the director provides
				notice pursuant to Subsection A of
				1.8.3.13
				NMAC to the respondent of the allegations of a complaint, the general counsel's
				finding of probable cause, and the setting of the public hearing:
(1) the director shall make public the
				specific allegations of the complaint, the notification to the respondent, any
				response filed by the respondent, and any related records,
provided
that:
(2)
				prior to the publication of any commission records pursuant to the preceding
				subparagraph, any proceedings in district court initiated by the commission to
				obtain subpoenas shall be sealed, and shall remain so until such time as the
				commission notifies the court that the commission has made the complaint public
				or the parties enter into an approved settlement agreement.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 4 - CODE OF ETHICS › Section 1.8.4.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
State Ethics Commission, 800 Bradbury Dr. SE, Ste. 215,
				  Albuquerque, New Mexico 87106.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 4 - CODE OF ETHICS › Section 1.8.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part contains a proposed code of ethics for officers and
				  employees of executive and legislative state agencies and other institutions
				  and instrumentalities of the state. Elected statewide executive branch officers
				  and other state agencies must consider this proposed code when adopting either
				  a code of conduct under Subsection C of Section 11 of the Governmental Conduct
				  Act, Section
				  10-16-1
				  NMSA 1978, or a code of ethics under Paragraph 4 of Subsection B of Section 5
				  of the State Ethics Commission Act, Section
				  10-16G-1
				  NMSA 1978, for employees subject to the adopting agencies' control. If adopted,
				  this code will apply to all officers and employees of the adopting agency, as
				  well as other persons working for the agency, such as
				  contractors.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 4 - CODE OF ETHICS › Section 1.8.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections 11 and 11.1 of the Governmental Conduct Act, Section
				  10-16-1
				  NMSA 1978; and Paragraph 4 of Subsection B of Section 5 of the State Ethics
				  Commission Act, Section
				  10-16G-1
				  NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 4 - CODE OF ETHICS › Section 1.8.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 2021, unless a later date is cited at the end of a
				  section, in which case the later date is the effective date.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 4 - CODE OF ETHICS › Section 1.8.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to provide the executive and
				  legislative branch agencies of state government and other institutions and
				  instrumentalities of the state with a proposed code of ethics to consider when
				  agencies adopt either a code of ethics under Paragraph 4 of Subsection B of
				  Section 5 of the State Ethics Commission Act, Section
				  10-16G-1
				  NMSA 1978, or a code of conduct under Sections 11 and 11.1 of the Governmental
				  Conduct Act, Section
				  10-16-1
				  NMSA 1978. If adopted, this Code will furnish standards of conduct for the
				  adopting agency's officers and employees, the violation of which could form the
				  basis for discipline by the adopting agency, including dismissal, demotion or
				  suspension, in accordance with state law.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 4 - CODE OF ETHICS › Section 1.8.4.8 - STRUCTURE OF THIS CODE AND CORRESPONDING COMMENTARY

Current through Register Vol. 35, No. 13, July 16, 2024
A. This Code is organized by subject area
				rather than by the statutes that concern the various subject matters of this
				code.
B. The Commission publishes
				and updates extensive commentary and examples corresponding to this Code on the
				Commission's website. An official or employee of this agency dealing with an
				ethical issue should identify and consult the relevant sections of this Code.
				If this Code does not resolve the issue, further guidance might be found in the
				Commission's separately published commentary.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 4 - CODE OF ETHICS › Section 1.8.4.9 - PRINCIPLES OF PUBLIC ETHICS

Current through Register Vol. 35, No. 13, July 16, 2024
This Code is based on, and should be interpreted to advance,
				  the following principles of public ethics:
A.
Honest services.
An officer
				or employee shall conduct government functions in accordance with the law and
				free from conflicts of interest. Public office is a public trust; as such, an
				official or employee must take care to ensure that every official act and
				decision affecting the rights or interests of individuals is based in law and
				the public interest.
B.
Proportionality.
When committing an official act or making a
				decision, an officer or employee shall ensure that the action taken is
				proportional to the goal being pursued. The officer or employee shall avoid
				restricting the rights of New Mexicans or imposing burdens on them when those
				restrictions or burdens are not justified by a public interest.
C.
Impartiality and fairness.
The conduct of an officer or employee shall be impartial and fair, and shall
				never be guided by:
(1) personal, family or
				financial interests;
(2) a
				motivation to benefit or empower an elected official, a candidate for office,
				or a political party or its members; or
(3) a motivation to disadvantage or
				disempower an elected official, a candidate for office, or a political party or
				its members.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 4 - CODE OF ETHICS › Section 1.8.4.10 - HONEST SERVICES; AVOIDING CONFLICTS OF INTEREST

Current through Register Vol. 35, No. 13, July 16, 2024
A. Outside employment.
(1) Duty to avoid conflicts from outside
				employment. An officer or employee of this agency engaged in paid employment
				for a business shall ensure that the employment does not conflict with the
				duties of state employment.
(2)
				Disclosure of outside employment. An officer or employee having permissible
				outside employment shall:
(a) file with the
				employee's supervisor, or other officer or employee that this agency
				designates, a signed statement explaining the outside employment and why it
				does not create a conflict;
(b) the
				disclosure statement shall include the name of the officer or employee, the
				name and general nature of the business, the hours that the officer or employee
				will work, and the reasons why the work does not create a conflict of interest
				with the officer's or employee's public duties;
(c) in the disclosure statement, the officer
				or employee shall additionally commit to disclose any potential conflict of
				interest that may arise during the officer or employee's work with the
				business.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 4 - CODE OF ETHICS › Section 1.8.4.11 - OPEN GOVERNMENT AND FREEDOM OF INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. An officer or employee of this agency
				should welcome and encourage the public to attend and participate in public
				meetings:
B. An officer or employee
				of this agency must permit members of the public to inspect this agency's
				records, unless the records are confidential under the law.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 4 - CODE OF ETHICS › Section 1.8.4.12 - POLITICAL ACTIVITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				officer or employee of this agency may not use their official position to
				pressure others to participate in political activities.
B. An officer or employee of this agency may
				not use their official position to influence an election or nomination, or
				otherwise engage in any partisan political activity while on duty.
C. An officer or employee of this agency may
				not serve as an officer of a political organization.
D. An officer or employee of this agency may
				not use or allow others to use state money or property to promote a political
				campaign, candidate for elected office, political party, or other partisan
				political organization.
E. An
				officer or employee of this agency who becomes a candidate in a partisan
				election must take a leave of absence upon filing for or accepting the
				candidacy.
F. An employee whose
				salary is paid completely, directly or indirectly, by loans or grants made by
				the United States or a Federal agency is covered by the provisions of the Hatch
				Act, 5 U.S.C. Sections
				1501 to
				1508, and,
				therefore, may not be a candidate for a partisan political elective office.
G. An officer or employee of this
				agency may participate in political activities while off duty, including:
(1) donating to political
				candidates;
(2) volunteering or
				working for a political campaign or political organization, so long as the
				officer's or employee's work does not violate any applicable
				conflict-of-interest provision of this rule or statute; and
(3) being a candidate in an election for or
				holding non-partisan political office, such as non-partisan county or municipal
				office or a seat on a local school board.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 4 - CODE OF ETHICS › Section 1.8.4.13 - NON-DISCLOSURE OF CONFIDENTIAL OR SENSITIVE PERSONAL INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. An officer or
				employee of this agency shall not use or disclose confidential information
				acquired by virtue of the officer's or employee's position with the agency for
				the officer's or employee's or another person's private gain.
B. An officer or employee of this agency
				shall not disclose to anyone outside the agency sensitive personal information
				acquired by virtue of the officer's or employee's position with the agency
				unless disclosure is required by law, necessary to carry out the functions of
				the agency or expressly authorized by the person whose information would be
				disclosed.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 4 - CODE OF ETHICS › Section 1.8.4.14 - NEPOTISM

Current through Register Vol. 35, No. 13, July 16, 2024
A. This agency shall
				not permit the hiring, promotion, or direct supervision of an employee by an
				individual who is related by blood, adoption or marriage within the first,
				second or third degree to the employee.
B. For the purposes of Subsection A of this
				Section:
(1) First-degree relatives include an
				individual's parents, siblings, and children.
(2) Second-degree relatives include an
				individual's grandparents, grandchildren, uncles, aunts, nephews, nieces, and
				half-siblings.
(3) Third-degree
				relatives include an individual's great-grandparents, great grandchildren,
				great uncles, great aunts, and first cousins.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 4 - CODE OF ETHICS › Section 1.8.4.15 - SEXUAL HARASSMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Officers and employees of this agency shall refrain from sexual harassment of
				any other employee or any other person having business with this
				agency.
B. Examples of sexual
				harassment include, but are not limited to:
(1) sexual innuendo or sexually oriented
				verbal abuse;
(2) sexual jokes,
				sexist jokes, vulgar jokes or abusive sexual teasing;
(3) unwanted physical contact such as
				hugging, patting, stroking or grabbing body parts;
(4) statements or acts of a sexual nature
				about a person's physical attributes or sexual activity;
(5) displaying sexually suggestive pictures,
				objects or materials;
(6) using
				disparaging, demeaning or sexist terms to refer to any person;
making obscene gestures or suggestive/insulting
				  sounds;
(7) indecent
				exposure; and
(8) suggesting or
				demanding sexual favors or activity in relation to any condition of
				employment.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 4 - CODE OF ETHICS › Section 1.8.4.16 - SUBSTANCE ABUSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. This agency
				shall appoint a substance abuse coordinator as required by Subsection A of
				1.7.8.10
				NMAC, who shall be responsible for the agency's drug and alcohol abuse program
				under 1.7.8 NMAC.
B. The substance
				abuse coordinator shall provide drug and alcohol abuse awareness information to
				employees including but not limited to the:
(1) dangers of drug and alcohol
				abuse;
(2) availability of
				counseling, rehabilitation, and employee assistance programs; and
(3) sanctions that may be imposed upon
				employees as provided in
				1.7.8.19
				NMAC.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 4 - CODE OF ETHICS › Section 1.8.4.17 - ENFORCEMENT AND INTERPRETATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Violations of the provisions of this code of conduct shall constitute cause for
				dismissal, demotion or suspension as provided by Subsection C of Section
				10-16-11 NMSA
				1978.
B. This agency shall
				circulate this code of conduct to all agency officers and employees, require
				signed acknowledgements that all the agency officers and employees have read
				this code, and establish a written internal complaint procedure by which
				employees can seek to remedy violations of the provisions of this agency's code
				of conduct.
C. Agency complaint
				procedures shall:
(1) provide the respondent
				to a complaint notice of the complaint and an opportunity to be heard;
(2) be made available to all
				officers and employees of the agency;
(3) ensure that officers and employees have
				the right to present or make known their complaints, free from interference,
				restraint, discrimination, coercion, or reprisal;
(4) ensure that adjudication of internal
				agency complaints accord with due process; and
(5) utilize alternative methods of dispute
				resolution, including mediation, wherever appropriate to resolve conflicts in
				the workplace and encourage positive working relationships among officers and
				employees.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 5 - COMPLAINTS AGAINST NOTARIES › Section 1.8.5.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
State Ethics Commission, 800 Bradbury Dr. SE, Ste. 215,
				  Albuquerque, New Mexico 87106.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 5 - COMPLAINTS AGAINST NOTARIES › Section 1.8.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to proceedings to revoke, suspend, or
				  impose a condition on a notarial officer pursuant to Subsection A of Section
				  14-14A-22 NMSA
				  1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 5 - COMPLAINTS AGAINST NOTARIES › Section 1.8.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Subsection C of Section
				  14-14A-26 NMSA
				  1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 5 - COMPLAINTS AGAINST NOTARIES › Section 1.8.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2023, unless a later date is cited at the end of a
				  section, in which case the later date is the effective date.