reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 37 - PUBLIC OFFICIAL HOME ADDRESS CONFIDENTIALITY › Section 1.10.37.5 - 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.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 37 - PUBLIC OFFICIAL HOME ADDRESS CONFIDENTIALITY › Section 1.10.37.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish procedures for the secretary of state and county
				  clerks for the non-disclosure of home addresses for public officials on
				  election- and financial- related records.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 37 - PUBLIC OFFICIAL HOME ADDRESS CONFIDENTIALITY › Section 1.10.37.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Election-related disclosures"
means records pertaining to a
				public official for campaign or election purposes and include nominating
				petitions, candidacy declarations, designations of confidential home address
				forms and voter registration forms.
B.
"Financial-related
				disclosures"
means records filed with a county clerk or secretary of
				state and includes disclosures pursuant to the Financial Disclosure Act,
				Chapter 10, Article 16A NMSA 1978, and the Campaign Reporting Act, Chapter 1,
				Article 19 NMSA 1978.
C.
"Public official"
means a person elected or appointed to a state,
				county or local office or a candidate thereof or a person appointed to a state,
				county or local government position.
D.
"Designated confidential
				address"
means the address specified by a public official for
				non-disclosure on the designation of confidential home address form prescribed
				by the secretary of state, provided that the zip code of the address remains
				publicly available.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 37 - PUBLIC OFFICIAL HOME ADDRESS CONFIDENTIALITY › Section 1.10.37.8 - CONFIDENTIAL HOME ADDRESS DESIGNATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A public official may submit a request for
				designation of confidential home address using a form prescribed by the
				secretary of state. A copy of the form shall be forwarded to the county clerk
				of the county in which the official is registered to vote within seven business
				days of submission.
B. After the
				initial request, a public official with designated confidential home addresses
				shall resubmit a confidential home address form every two years by February 1
				of that calendar year to the secretary of state in order to maintain a
				confidential designation. A copy of the form shall be forwarded to the county
				clerk of the county in which the official is registered to vote within seven
				business days of submission.
C.
				Using a form prescribed by the secretary of state, a candidate for state,
				county or local office may file a designation of confidential home address with
				the proper filing officer when filing a declaration of candidacy. In cases
				where the county clerk is the proper filing officer, the county clerk shall
				send a copy of the designation to the secretary of state within one business
				day of the filing. In cases where the secretary of state is the proper filing
				officer, the secretary of state shall send a copy of the designation to the
				county clerk of the county where the candidate is registered to vote within one
				business day of the filing.
D. A
				designation of confidential home address for a public official shall be void
				upon failure to be elected to a state, county or local office.
E. Upon submission of a request for
				designation of confidential home address, the public official shall provide a
				mailing address other than the confidential home address which shall be
				substituted on all election- and financial - related disclosures.
F. The secretary of state shall maintain a
				list of public officials who have designated confidential addresses, and the
				list shall be accessible by county clerks.
G. The home address of the public official
				shall not be publicly disclosed or published on a governmental website so long
				as a current request for designation of confidential home address has been
				filed and the public official maintains their status as a public official, or
				unless such request for designation is otherwise withdrawn in writing by the
				public official on a form prescribed by the secretary of state.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 37 - PUBLIC OFFICIAL HOME ADDRESS CONFIDENTIALITY › Section 1.10.37.9 - PRESERVATION OF ORIGINAL RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Original election- and financial- disclosures that contain a designated
				confidential address shall be preserved by the secretary of state and county
				clerks for the purposes of any potential judicial review.
B. Original election- and financial-
				disclosures that contain a designated confidential address shall not be
				redacted. When such records are requested by the public, a copy shall be
				provided, and the confidential address shall be redacted, except for the zip
				code, on the copy of the disclosure.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 11 - E-GOVERNMENT › Part 2 - REAL PROPERTY ELECTRONIC RECORDING › Section 1.11.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  14-9A-5
				  NMSA 1978 of the Uniform Real Property Electronic Recording Act gives the
				  authority to establish standards for the purpose of implementing the Uniform
				  Real Property Electronic Recording Act to the state commission of public
				  records and the department of information technology in consultation with
				  county clerks.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 11 - E-GOVERNMENT › Part 2 - REAL PROPERTY ELECTRONIC RECORDING › Section 1.11.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 15, 2008 unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 11 - E-GOVERNMENT › Part 2 - REAL PROPERTY ELECTRONIC RECORDING › Section 1.11.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. To keep the
				standards and practices of county clerks in New Mexico in agreement with the
				standards of national standard-setting bodies, such as PRIA, and in agreement
				with nationally accepted best practices in electronic real property
				recording.
B. To keep the
				technology used by county clerks in New Mexico compatible with technology used
				by recording offices nationally that have enacted the Uniform Real Property
				Electronic Recording Act.
C. To
				keep the standards and practices of county clerks in New Mexico in agreement
				with professional standards and best practices in electronic records
				management.
D. To ensure electronic
				instruments that are public records filed and recorded by a county clerk are
				accessible.
E. To manage and retain
				real property records in accordance with established records management
				standards for electronic records (1.14.2 NMAC and 1.13.3 NMAC) and the records
				retention and disposition schedule adopted by the commission of public records
				1.19.3 NMAC.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 11 - E-GOVERNMENT › Part 2 - REAL PROPERTY ELECTRONIC RECORDING › Section 1.11.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"ACH"
(automated clearing house) means a network processing and delivery system that
				provides for the distribution and settlement of electronic credits and debits
				among financial institutions.
B.
"Authentication"
means the act of tying an action or result to
				the person claiming to have performed the action. Authentication generally
				requires a password or encryption key to perform, and the process will fail if
				the password or key is incorrect.
C.
"Authorized filer"
means a
				party who has entered into a MOU with a county clerk pursuant to 1.11.2.10
				NMAC.
D.
"Digital electronic
				document"
means an instrument containing information that is created,
				generated, sent, communicated, received, or stored by electronic means, but not
				created in original paper form.
E.
"Digitized electronic document"
means a scanned image of the
				original document.
F.
"Document"
means recorded information regardless of medium or
				characteristics that is:
(1) inscribed on a
				tangible medium or that is stored in an electronic or other medium and that is
				retrievable in perceivable form; and
(2) eligible to be recorded in the real
				property records maintained by a county clerk.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 11 - E-GOVERNMENT › Part 2 - REAL PROPERTY ELECTRONIC RECORDING › Section 1.11.2.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with the provisions of the URPERA the
				  commission of public records and the department of information technology
				  adopted the electronic recording standards issued by PRIA as the foundation for
				  the standards promulgated as rule under 1.11.2 NMAC.
A. A county clerk may accept instruments for
				filing and recording electronically in accordance with the requirements of the
				Uniform Real Property Electronic Recording Act (14-9A-1 NMSA 1978)
				and 1.11.2 NMAC.
B. Any real
				property record created by electronic recording means shall meet established
				records management standards for electronic records (1.14.2 NMAC and 1.13.3
				NMAC) and record retention requirements identified in the local government
				records retention and disposition schedule for county clerks, 1.19.3
				NMAC.
C. A participating county
				clerk shall retain control and ownership of the electronic records created or
				received by the office of the county clerk and shall be responsible for their
				maintenance as public records pursuant to 1.14.2 NMAC, 1.13.3 NMAC and 1.15.2
				NMAC.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 11 - E-GOVERNMENT › Part 2 - REAL PROPERTY ELECTRONIC RECORDING › Section 1.11.2.11 - DOCUMENT AND SYSTEM SECURITY REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Security procedures shall be implemented to ensure the
				  authenticity and integrity of the electronically filed instrument, including
				  the ability to verify the identity of the filer, as well as the ability to
				  verify that an instrument has not been altered since it was transmitted or
				  filed. In order to protect the integrity of instruments to be recorded
				  electronically, a participating county clerk and authorized filers shall meet
				  the security procedure requirements set forth below.
A. An electronic recording delivery system
				implemented by a county clerk shall provide a secure method for accepting and
				recording digital or digitized electronic instruments. The system shall not
				permit an authorized filer or its employees and agents, or any third party, to
				modify, manipulate, insert or delete information in the public record
				maintained by the county clerk, or information in electronic records submitted
				pursuant to 1.11.2.NMAC.
B.
				Security standards implemented by county clerks shall accommodate electronic
				signatures and notarization of documents in a manner that complies with 12.9.2
				NMAC,
Performing Electronic Notarial Acts
and that address the
				following encryption requirements. The electronic recording delivery system
				shall:
(1) support, at a minimum, 128-bit file
				and image encryption over a secure network;
(2) provide for periodic updates to
				encryption by the electronic recording delivery system vendor;
(3) advise the authorized filer of its
				liabilities and responsibilities for keeping its keys secure;
(4) provide a secure key management system
				for the administration and distribution of cryptographic keys; and
(5) require all encryption keys to be
				generated through an approved encryption package and securely stored.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 11 - E-GOVERNMENT › Part 2 - REAL PROPERTY ELECTRONIC RECORDING › Section 1.11.2.12 - ELECTRONIC TRANSMISSIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Instruments shall be transmitted through either a secured website or an
				electronic recording delivery system. The method of transmission shall be
				identified in the MOU (1.11.2.10 NMAC) signed by the authorized filer and the
				county clerk.
B. An authorized
				filer shall visually inspect each instrument prior to transmitting to ensure
				compliance with existing statutory recording requirements and 1.11.2
				NMAC;
C. Instruments submitted for
				filing shall have a transmittal sheet containing the following information and
				order:
(1) document type - title of the
				document type shall be stated at the top of the page below the top
				margin;
(2) return to - all cover
				transmittal sheets shall have a return to name, address, phone and fax numbers
				and email address;
(3) party names
				- all party names to be indexed shall be listed with the grantor's last name,
				then first, and middle names, followed by the grantee's last name, first and
				middle names and full name of business entities bolded, underlined or
				capitalized in a way to stand out for indexing;
(4) subsequent references - references to the
				original document on subsequent documents shall appear conspicuously on the
				first page of all subsequent documents;
(5) legal description - if legal description
				is provided the page number on which the legal description is printed shall be
				referenced;
(6) recording fee - the
				amount of the recording fee; and
(7) property tax - the name and address on
				deed of party responsible to pay property tax shall appear on the first page of
				the document.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 11 - E-GOVERNMENT › Part 2 - REAL PROPERTY ELECTRONIC RECORDING › Section 1.11.2.13 - ELECTRONIC RECORDING PROCESS REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An MOU between a participating county
				clerk and an authorized filer shall include information required by the
				participating county clerk in order to provide electronic notice of
				confirmation or rejection of an electronic filing and subsequent recording, or
				if such electronic notice is not possible, by telephone or facsimile. The MOU
				shall address the requirements outlined in 1.11.2.10 NMAC.
B. When a participating county clerk provides
				acknowledgment of receipt of an instrument filed electronically, the instrument
				shall be considered to have been filed in compliance with the applicable
				regulations and laws relating to filing of an instrument with the county
				clerk.
C. A notice of confirmation
				of recording or a notice of rejection for recording shall be provided by a
				participating county clerk to an authorized filer no later than the first
				business day after the instrument is filed electronically.
(1) A notice of confirmation shall include
				recording information for the instrument accepted for recording and shall
				identify the instrument accepted for recording, as provided in the
				agreement.
(2) A notice of
				rejection shall include a brief explanation of the reason or reasons for
				rejection and shall identify the instrument rejected for recording, as provided
				in the agreement.
(3) If a
				participating county clerk complies with the notice provisions of the
				agreement, the failure of an authorized filer to receive notice of confirmation
				or rejection of filing and subsequent recording shall not affect the validity
				of the confirmation or rejection.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 11 - E-GOVERNMENT › Part 2 - REAL PROPERTY ELECTRONIC RECORDING › Section 1.11.2.14 - ELECTRONIC SIGNATURES AND NOTARY ACKNOWLEDGEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A county clerk that accepts for recording electronically
				  signed and notarized instruments utilizing digital signatures based on PKI
				  encryption technology shall do so in accordance with rules promulgated by the
				  secretary of state. For purposes of efficiency, participating county clerks are
				  encouraged to utilize technology and to accept digital certificates from
				  certification authorities compatible with the technology used and certificates
				  accepted by other participating county clerks.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 11 - E-GOVERNMENT › Part 2 - REAL PROPERTY ELECTRONIC RECORDING › Section 1.11.2.15 - DOCUMENT FORMATS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Authorized
				filers may elect to transmit either a digitized (scanned) electronic document
				of an original ink signed instrument or an electronic document electronically
				signed and notarized along with electronic indexing information to the county
				clerk.
B. Digitized (scanned)
				electronic documents shall meet the following specifications:
(1) provide fidelity to the original
				appearance of any instrument at the time such instrument was first created,
				whether by electronic or other means;
(2) retain the original content;
(3) be scanned at a minimum of 300
				dpi;
(4) be scanned in TIFF or
				PDF/A formats;
(5) be scanned in
				portrait mode;
(6) shall capture
				document images in any multi-page storage format as specified by the county
				clerk; and
(7) shall be legible to
				enable reproduction onto microfilm or microfiche to meet 1.14.2 NMAC
				requirements.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 11 - E-GOVERNMENT › Part 2 - REAL PROPERTY ELECTRONIC RECORDING › Section 1.11.2.16 - DOCUMENT AND INDEXING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Electronic recording delivery systems implemented by county
				  clerks shall have the capacity at a minimum to process documents that are
				  compatible with indexing requirements established by PRIA for file formatting
				  and indexing.
A. The
PRIA
				eRecording XML Standard v2.4.1
is adopted by reference. The most
				current version of the PRIA indexing and document format standards may be found
				at the PRIA website at
http://pria.us/
.
B. Indexing fields for each document code
				shall require the minimum index fields listed below:
(1) grantor(s) or equivalent grantee(s) or
				equivalent.
(2) document type
				recording fee related (original document number, in the case of releases,
				assignment, amendments, etc.).
(3)
				legal description fields as specified by county.
(4) standard PRIA tags defined for these
				fields must be used.
http://pria.us/
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 11 - E-GOVERNMENT › Part 2 - REAL PROPERTY ELECTRONIC RECORDING › Section 1.11.2.17 - PAYMENT OF FILING FEES

Current through Register Vol. 35, No. 13, July 16, 2024
Payment of recording fees shall be collected by a county
				  clerk as prescribed by statute. The clerk shall provide an electronic or other
				  written receipt to the authorized filer indicating that the payment for the
				  recordation of the electronic instrument has been received and processed by the
				  clerk. The electronic recording delivery system may generate an automated
				  electronic report which complies with this requirement. The clerk shall provide
				  authorized filers with a list of payment methods which may be used for the
				  recordation of electronic real property records.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 11 - E-GOVERNMENT › Part 2 - REAL PROPERTY ELECTRONIC RECORDING › Section 1.11.2.18 - PRESERVATION

Current through Register Vol. 35, No. 13, July 16, 2024
Real property records in the custody of the county clerk are
				  permanent records and must be preserved. The preservation of electronic real
				  property records requires consistent and complex management in order to
				  maintain authenticity and integrity. Electronic records are subject to the same
				  threats of destruction as other mediums such as natural or human-made
				  disasters. There are the added challenges of hardware and software
				  obsolescence, media longevity and migration, infrastructure failures and
				  accidental damage from improper handling. The durability of electronic records
				  has not been proven to be as enduring as microfilm. In order to secure and
				  preserve information created and stored electronically, permanent digital real
				  property records shall be converted to microfilm. Microfilm shall meet
				  standards established by the commission of public records
				  1.14.2.10
				  NMAC.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 12 - INFORMATION TECHNOLOGY › Part 1 - GENERAL PROVISIONS › Section 1.12.1.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Information Technology Commission.
[All documents intended for delivery to the information
				  technology commission shall be addressed or delivered to the office of the
				  chief information officer at 5301 Central NE, Suite 1500, Albuquerque, NM
				  87108. The internet address for the information technology commission and the
				  office of the chief information officer is
www.cio.state.nm.us
. The email address for
				  the office of the chief information officer is
				  cio@state.nm.us]
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 12 - INFORMATION TECHNOLOGY › Part 1 - GENERAL PROVISIONS › Section 1.12.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Defined terms apply to this rule and all other rules adopted
				  by the information technology commission.
A.
"Act"
means the Information
				Technology Management Act, NMSA 1978 Section
				15-1C-1 et
				seq.
B.
"Agency"
means
				an executive agency of the state.
C.
"Architectural configuration
				requirement (ACR)"
means the technical specifications for information
				architecture and computer system purchases for agencies adopted by the
				commission.
D.
"CIO"
means the chief information officer.
E.
"Commission"
means the
				information technology commission.
F.
"Exception"
means a request
				granted by the office allowing an agency an exclusion from compliance with a
				rule, ACR or guideline that is limited in scope an duration.
G.
"Guideline"
means a directive
				adopted by the commission.
H.
"Individual"
means a natural person, a human being.
I.
"Office"
means the office of
				the chief information officer.
J.
"Person"
means an individual, association, organization,
				partnership, firm, syndicate, trust, corporation, and every legal
				entity.
K.
"Rule"
means any rule adopted by the commission which requires compliance by executive
				agencies.
L.
"State"
means New Mexico, or, when the context indicates a jurisdiction other than New
				Mexico, any state, district, commonwealth, territory, or possession of the
				United States.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 12 - INFORMATION TECHNOLOGY › Part 1 - GENERAL PROVISIONS › Section 1.12.1.8 - USE OF COMMISSION-PRESCRIBED FORMS

Current through Register Vol. 35, No. 13, July 16, 2024
The office or commission may prescribe forms to carry out
				  certain requirements of its adopted rules, ACRs and guidelines. Prescribed
				  forms must be used when a form exists for the purpose, unless these rules state
				  otherwise or the requirement is waived by the office or
				  commission.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 12 - INFORMATION TECHNOLOGY › Part 1 - GENERAL PROVISIONS › Section 1.12.1.9 - RULE, ACR AND GUIDELINE COMPLIANCE AND EXCEPTION

Current through Register Vol. 35, No. 13, July 16, 2024
Rules, ACRs and guidelines shall be followed by agencies
				  under all circumstances unless the office grants an exception in accordance
				  with this rule.
A. An agency may
				request an exception. An exception shall be granted only if compliance would:
(1) threaten the function of
				government;
(2) threaten the
				preservation or protection of property;
(3) threaten the health or safety of any
				person;
(4) result in significant
				increase in agency costs;
(5)
				hinder mission critical services; or
(6) compromise essential service attributes
				critical to agency success.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 12 - INFORMATION TECHNOLOGY › Part 2 - COMMISSION OPERATING PROCEDURES › Section 1.12.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 1, 2000, unless a later date is cited at the end of
				  a section or 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 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 12 - INFORMATION TECHNOLOGY › Part 2 - COMMISSION OPERATING PROCEDURES › Section 1.12.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to establish the procedures by
				  which the commission will operate in carrying out its responsibilities under
				  the Act.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 12 - INFORMATION TECHNOLOGY › Part 2 - COMMISSION OPERATING PROCEDURES › Section 1.12.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this rule:
A.
"advisory member"
means a
				person appointed to the commission pursuant to NMSA 1978 Section
				15-1C-4
				B;
B.
"comment draft"
means the draft of a proposed rule or guideline approved by the Commission for
				publication for the limited purpose of receiving comments;
C.
"designee"
means the person
				selected by a member to represent and vote or otherwise act on behalf of the
				member, where the selection of a designee is permitted by law;
D.
"public member"
means a
				person appointed to the commission pursuant to NMSA 1978 Section
				15-1C-4
				A(5);
E.
"voting
				member"
means a person appointed to the commission pursuant to NMSA 1978
				Section
				15-1C-4 A and
				includes a public member.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 12 - INFORMATION TECHNOLOGY › Part 2 - COMMISSION OPERATING PROCEDURES › Section 1.12.2.8 - MEMBERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Terms. Public
				members shall serve for staggered three-year terms or until they resign. All
				other members shall serve until they resign or are replaced by their appointing
				authority.
B. Vacancies. A member
				may resign or a member's position on the commission may be deemed vacant if the
				member or his designee fails to participate in three (3) successive regular
				meetings.
C. Notice of vacancy. The
				commission shall notify the appointing authority of a vacancy on the
				Commission.
(1) Public members. The appointing
				authority shall appoint a replacement for the remainder of the three-year
				term.
(2) All other members. The
				appointing authority shall appoint a replacement.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 12 - INFORMATION TECHNOLOGY › Part 2 - COMMISSION OPERATING PROCEDURES › Section 1.12.2.9 - OFFICERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Chairperson. The
				chairperson shall preside at meetings of the commission and shall assume all
				duties designated from time to time by the commission.
B. Vice-chairperson. The vice-chairperson
				shall perform the duties and assume the obligations of the chairperson when the
				chairperson is absent. When a vacancy occurs in the office of chairperson, the
				vice-chairperson shall serve as chairperson until the commission elects a
				chairperson.
C. Elections.
(1) Date of elections. Starting in 2000, the
				commission shall elect a chairperson and a vice-chairperson at a commission
				meeting to be held in May of every even-numbered year.
(2) Nominations. Any voting member may
				nominate an individual to serve as chairperson or vice-chairperson of the
				commission. Nominations may be made in person at a commission meeting or by
				e-mail, facsimile or other writing addressed to the office. For bi-annual
				elections, nominations must be received by the office no later than April 1 of
				every even-numbered year. The office shall provide the names of nominees for
				chairperson and vice-chairperson to all members by April 10 of every
				even-numbered year.
(3) Voting.
				Voting shall be by voice or roll call vote. New officers shall assume their
				duties upon adjournment of the meeting.
(4) Vacancies. When a vacancy occurs in the
				office of chairperson or vice-person, the office shall as soon as practicable
				give notice of the vacancy to the commission, invite nominations from voting
				members by a specified date, provide the names of nominees to fill the vacancy
				to all members at least five calendar days before the next meeting, and, at the
				next meeting, the commission shall elect an individual to serve out the
				remainder of the chairperson's or vice-chairperson's term.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 12 - INFORMATION TECHNOLOGY › Part 2 - COMMISSION OPERATING PROCEDURES › Section 1.12.2.10 - COMMITTEES

Current through Register Vol. 35, No. 13, July 16, 2024
The commission may appoint committees from time to time and
				  may abolish them at any time. Committees shall have investigative or advisory
				  powers only, reporting all findings and recommendations to the commission for
				  action. The commission shall assign specific topics for study or well-defined
				  areas of activity to each committee immediately following its
				  appointment.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 12 - INFORMATION TECHNOLOGY › Part 2 - COMMISSION OPERATING PROCEDURES › Section 1.12.2.11 - STAFF

Current through Register Vol. 35, No. 13, July 16, 2024
The office shall serve as staff to the commission and
				  shall:
A. prepare, file and post all
				notices of meetings;
B. prepare the
				agenda for meetings; the agenda for regular meetings shall include at a minimum
				a call to order, roll call, approval of agenda and minutes, presentation and
				recommendations to the commission, unfinished business, commission-requested
				discussion or action, new business, and adjournment.
C. arrange the time, place, and facilities
				for meetings;
D. tape record each
				meeting; the tape recording shall constitute the detailed minutes of the
				meeting;
E. prepare summary minutes
				of each meeting in writing in accordance with New Mexico law; summary minutes
				shall include at a minimum the date, time, and place of the meeting; the names
				of commission members present and absent; the subjects discussed by the
				commission; and a record of all votes taken that shows how each member
				voted.
F. prepare ballots for
				election of officers as necessary;
G. establish and maintain an electronic
				distribution list for all persons requesting notice of comment
				drafts;
H. maintain and have
				custody of the records of the commission;
I. draft or review proposed rules and
				guidelines, and proposed amendments to rules and guidelines;
J. prepare reports on behalf of the
				commission;
K. recommend revisions
				to commission operating procedures as needed;
L. orient new commission members;
				and
M. do all other tasks requested
				by the commission.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 12 - INFORMATION TECHNOLOGY › Part 2 - COMMISSION OPERATING PROCEDURES › Section 1.12.2.12 - MEETINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Regular meetings.
				The chairperson shall call a regular meeting of the commission not less often
				than semiannually. The office shall provide notice to the public of the date,
				time, and place of regular meetings by publication once in a newspaper of
				general circulation in the state at least ten (10) calendar days in advance of
				the meeting. The commission may not take action on, but may discuss, any item
				not specifically on the agenda.
B.
				Special meetings. The chairperson or a majority of the voting members of the
				commission may call a special meeting to consider urgent matters that do not
				qualify as an emergency. The Office shall provide notice to the public of the
				time, date, and place of special meetings by telephone to newspapers of general
				circulation in the state and by posting on the internet and at the office at
				least three (3) calendar days in advance of the meeting. The commission may
				discuss at a special meeting only those items specifically on the
				agenda.
C. Emergency meetings. The
				chairperson or a majority of the voting members of the commission may call an
				emergency meeting only when unforeseen circumstances demand immediate action to
				protect the health, safety and property of citizens or to protect the
				commission and the office from substantial financial loss. The office shall
				provide notice to the public of the time, date, and place of emergency meetings
				by telephone to newspapers of general circulation in the state and by posting
				on the internet and at the office at least twenty-four (24) hours in advance of
				the meeting, unless threat of personal injury or property damage require less
				notice. The commission may discuss at an emergency meeting only those items
				specifically on the agenda.
D.
				Notice. All notices shall:
(1) include
				information on how the public may obtain a copy of the agenda;
(2) include the following language: "If you
				are an individual with a disability who is in need of a reader, amplifier,
				qualified sign language interpreter, or other form of auxiliary aid or service
				to attend or participate in the meeting, please contact the information
				technology management office at 476-0400 at least one week prior to the
				meeting, or as soon as possible. Public documents, including the agenda and
				minutes can be provided in various accessible formats by contacting the
				information technology management office at 476-0400.";
(3) be posted on the internet;
(4) be posted at the information technology
				management office; and
(5) be
				provided to broadcast stations licensed by the federal communications
				commission and newspapers of general circulation which have filed with the
				office a written request for notice of public meetings.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 12 - INFORMATION TECHNOLOGY › Part 2 - COMMISSION OPERATING PROCEDURES › Section 1.12.2.13 - ADOPTION OF RULES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Proposed
				rules. Any person may submit a proposal for a rule to the commission. The
				office shall evaluate the proposal for compliance with the state information
				architecture and the state strategic plan and shall report its findings and
				recommendations to the commission. The commission may reject the proposal,
				agree to consider it further, or approve a comment draft. The comment draft may
				contain modifications agreed to by the commission.
B. Emergency rules. The CIO may issue an
				emergency rule in accordance with 1 NMAC 3.3.20, Emergency Rules [now 1.24.20
				NMAC]. Executive agencies shall comply with an emergency rule pending its
				adoption by the commission pursuant to the rulemaking procedures set forth in
				this section or until the emergency rule expires.
C. Notice of proposed rulemaking. The office
				shall cause a notice of proposed rulemaking to be published once in the New
				Mexico register and once in a newspaper of general circulation in the state,
				and posted on the internet at its internet address at least twenty-five (25)
				calendar days prior to adoption of the proposed rule.
D. Availability of comment draft. The office
				shall:
(1) post comment drafts on the Internet
				at its internet address;
(2) send
				comment drafts to all members of the information technology oversight
				committee;
(3) notify all persons
				on the electronic distribution list that a comment draft is available for
				comment; and
(4) mail or fax a hard
				copy of a comment draft to any person requesting a copy of the comment draft in
				writing or by telephone.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 12 - INFORMATION TECHNOLOGY › Part 2 - COMMISSION OPERATING PROCEDURES › Section 1.12.2.14 - ADOPTION OF GUIDELINES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Proposed guidelines. Any person may submit a proposal for a guideline to the
				commission. The office shall evaluate the proposal for compliance with the
				state information architecture and the state strategic plan and shall report
				its findings and recommendations to the commission. The commission may reject
				the proposal, agree to consider it further, or approve a comment draft. The
				comment draft may contain modifications agreed to by the commission.
B. Notice of proposed guidelines. The office
				shall post notice of a proposed guideline on the internet at its internet
				address at least twenty-five (25) calendar days prior to adoption of the
				proposed guideline.
C. Availability
				of comment draft. The office shall:
(1) post
				comment drafts on the internet at its internet address;
(2) send comment drafts to all members of the
				information technology oversight committee;
(3) notify all persons on the electronic
				distribution list that a comment draft is available for comment; and
(4) mail or fax a hard copy of a comment
				draft to any person requesting a copy of the comment draft in writing or by
				telephone.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 12 - INFORMATION TECHNOLOGY › Part 2 - COMMISSION OPERATING PROCEDURES › Section 1.12.2.15 - ANNUAL REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. State
				information technology strategic plan. On or before June 1 of each year, the
				commission shall update the state information technology strategic
				plan.
B. Information technology
				planning guidelines. On or before June 1 of each year, the commission shall
				provide information technology planning guidelines to executive agencies to
				assist them in preparing their annual agency plans.
C. Funding recommendations. On or before
				November 30 of each year, the commission shall submit its funding
				recommendations to the department of finance and administration, the
				legislative finance committee, and the information technology oversight
				committee.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 12 - INFORMATION TECHNOLOGY › Part 3 - ELECTRONIC MAIL THIRD-PARTY RELAY › Section 1.12.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 15, 2000, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 12 - INFORMATION TECHNOLOGY › Part 3 - ELECTRONIC MAIL THIRD-PARTY RELAY › Section 1.12.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this rule,
third-party relay
means
				  that feature of an Internet electronic mail system that enables any mail sender
				  on the Internet to transfer messages using any mail server on the Internet
				  installed with the feature, regardless of the mail server's
				  location.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 12 - INFORMATION TECHNOLOGY › Part 3 - ELECTRONIC MAIL THIRD-PARTY RELAY › Section 1.12.3.8 - THIRD-PARTY RELAY

Current through Register Vol. 35, No. 13, July 16, 2024
State agencies operating Internet electronic mail systems
				  shall disable the third party relay feature and shall take any other steps
				  necessary to ensure that electronic mail originating from outside state
				  agencies is not relayed by state-owned mail servers.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 12 - INFORMATION TECHNOLOGY › Part 3 - ELECTRONIC MAIL THIRD-PARTY RELAY › Section 1.12.3.9 - EXEMPTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. An agency seeking an
				exemption from the requirements of this rule shall file a written request with
				the CIO. The request shall state the grounds for the exemption request and
				shall include any information available to support the request. The CIO shall
				respond to the request within thirty (30) days.
B. An agency may file with the Commission a
				written request for review of an adverse CIO decision. The Commission shall
				make a final decision at its next regularly scheduled meeting, unless a special
				meeting is called for that purpose.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 12 - INFORMATION TECHNOLOGY › Part 4 - MAGNET NETWORK AGGREGATION › Section 1.12.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 29, 2000, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 12 - INFORMATION TECHNOLOGY › Part 4 - MAGNET NETWORK AGGREGATION › Section 1.12.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to facilitate the creation of a
				  shared, centrally managed statewide network infrastructure by aggregating
				  broadband circuit service to state agencies when it is to the economic and
				  operational advantage of the state.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 12 - INFORMATION TECHNOLOGY › Part 4 - MAGNET NETWORK AGGREGATION › Section 1.12.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this rule:
A. BMAC means the Broadband management
				advisory committee, a subcommittee of the commission.
B. ISD-OC means the information systems
				division, office of communications.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 12 - INFORMATION TECHNOLOGY › Part 4 - MAGNET NETWORK AGGREGATION › Section 1.12.4.8 - MAGNET NETWORK AGGREGATION IMPLEMENTATION AND BUSINESS PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
MAGnet network aggregation will be accomplished according to
				  the MAGnet network aggregation implementation and business
				  plan.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 12 - INFORMATION TECHNOLOGY › Part 4 - MAGNET NETWORK AGGREGATION › Section 1.12.4.9 - RESPONSIBILITIES OF STATE AGENCIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Agencies shall participate in broadband
				circuit aggregation efforts, unless exempted pursuant to the provisions of this
				rule.
B. Agencies will transfer
				administrative management of existing contracts for broadband circuit service
				to ISD-OC as the BMAC determines the most effective method for accomplishing
				the transfer.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 12 - INFORMATION TECHNOLOGY › Part 4 - MAGNET NETWORK AGGREGATION › Section 1.12.4.10 - RESPONSIBILITIES OF BMAC

Current through Register Vol. 35, No. 13, July 16, 2024
BMAC will provide high-level management oversight for the
				  shared broadband circuit network including, but not limited to, provision of
				  new services and changes in direction, service level, or attributes of
				  broadband circuit service.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 12 - INFORMATION TECHNOLOGY › Part 4 - MAGNET NETWORK AGGREGATION › Section 1.12.4.11 - RESPONSIBILITIES OF ISD-OC

Current through Register Vol. 35, No. 13, July 16, 2024
ISD-OC will:
A.
				provide administrative management of all broadband circuits leased by state
				agencies, including control of billing and contracts;
B. provide technical management of all shared
				broadband circuits;
C. participate
				in the negotiation of all new agreements for broadband circuit
				service;
D. participate in the
				negotiation of renewal agreements for broadband circuit service in conjunction
				with agencies as individual agency contracts for broadband circuit service
				expire:
(1) ISD-OC may negotiate renewal
				agreements affecting agency-managed broadband circuit service without express
				agency approval if the renewal agreement results in no additional charge to the
				affected agency.
(2) If the renewal
				agreement results in cost savings without value being added to an agency's
				broadband circuit service, ISD-OC will pass the cost savings along to the
				affected agency.
(3) ISD-OC must
				seek approval from an agency before negotiating any renewal agreement for
				broadband circuit service that will result in increased costs to the
				agency.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 12 - INFORMATION TECHNOLOGY › Part 4 - MAGNET NETWORK AGGREGATION › Section 1.12.4.12 - RESPONSIBILITIES OF THE CIO

Current through Register Vol. 35, No. 13, July 16, 2024
The CIO will:
A.
				participate in the negotiation on behalf of the state all new agreements for
				broadband circuit service;
B.
				participate in the negotiation of renewal agreements for broadband circuit
				service in conjunction with agencies as individual agency contracts for
				broadband circuit service expire; and
C. serve as a neutral liaison between ISD/OC
				and any agency that has a complaint about management of all broadband circuit
				agreements.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 12 - INFORMATION TECHNOLOGY › Part 4 - MAGNET NETWORK AGGREGATION › Section 1.12.4.13 - EXEMPTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. An agency may
				request exemption from the requirement to participate in broadband circuit
				aggregation efforts. Exemptions shall be granted only if aggregation would:
(1) result in a significant increase in
				agency costs;
(2) decrease the
				security of agency operations;
(3)
				compromise essential service attributes critical to agency success;
				or
(4) result in inadequate
				resource levels.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 12 - INFORMATION TECHNOLOGY › Part 5 - OVERSIGHT OF INFORMATION TECHNOLOGY PROJECTS › Section 1.12.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  15-1C-5 and
				  15-1C-8 NMSA
				  1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 12 - INFORMATION TECHNOLOGY › Part 5 - OVERSIGHT OF INFORMATION TECHNOLOGY PROJECTS › Section 1.12.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 30, 2005, unless a later date is cited at the end
				  of a section.