reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 20 - ACCOUNTING BY GOVERNMENTAL ENTITIES › Part 6 - AUTHORITY TO ISSUE WARRANTS › Section 2.20.6.8 - APPLICATION PROCEDURES AND CONDITIONS OF APPROVAL OF AUTHORIZATION OR EXCEPTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each
				and every December 31, a state agency that wishes to issue warrants or
				exception from the requirement of prior submission of proposed vouchers,
				purchase orders, or contracts to the division for the following fiscal year
				(July 1 through June 30) shall apply for authorization or exception by
				submitting a written request to the secretary of the department explaining in
				detail the reasons why efficiency or economy will be better achieved by the
				state agency issuing warrants or waiving the prior submission requirements. As
				part of this annual request, the state agency shall include a detailed report
				outlining how it has complied during the past calendar year (January through
				December) with the following conditions and standards:
(1) A well-documented internal control
				structure shall exist within the state agency and functioning
				properly.
(2) All transactions
				shall be recorded daily in the state agency's accounting records.
(3) All transactions shall be properly
				classified in the state agency's records.
(4) The state agency's cash account records
				shall be reconciled timely each month to the division's reports and to the
				state treasurer's reports. If the agency maintains an account directly with a
				financial institution instead of with the state treasurer, the agency's cash
				account shall be reconciled timely to the financial institution's statement of
				account.
(5) All transactions shall
				comply with federal and state law.
(6) All expenditures shall be for a public
				benefit or purpose, be necessary, and be consistent with the related
				appropriation (expenditure authority from the legislature).
(7) All accounting systems, including
				subsidiary systems, shall record transactions timely, completely, and
				accurately.
(8) All payments to
				vendors shall be accurate and timely and be for services already rendered or
				goods received and accepted by the state agency as complying with the contract
				or purchase order.
(9) All
				information requested by the division must be provided to the division timely
				and accurately, and in compliance with the division's current policies and
				procedures, including, but not limited to, transaction data.
(10) All reporting of financial information
				to the state agency's management and to oversight agencies and entities must be
				timely, complete, and accurate.
(11) The audit of the state agency's
				financial statements shall be completed by the deadline established by the
				state auditor and the audit report shall include an unqualified
				opinion.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 20 - ACCOUNTING BY GOVERNMENTAL ENTITIES › Part 7 - GOVERNING THE AUTOMATIC DIRECT DEPOSIT OF STATE EMPLOYEES' SALARY AND WAGES › Section 2.20.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All state agencies utilizing the central payroll system
				  operated by the financial control division of the department of finance and
				  administration, pursuant to Section 6-5-2.1(I) NMSA 1978.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 20 - ACCOUNTING BY GOVERNMENTAL ENTITIES › Part 7 - GOVERNING THE AUTOMATIC DIRECT DEPOSIT OF STATE EMPLOYEES' SALARY AND WAGES › Section 2.20.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 9-6-5(E) and Section 10-7-2(B) NMSA
				  1978.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 20 - ACCOUNTING BY GOVERNMENTAL ENTITIES › Part 7 - GOVERNING THE AUTOMATIC DIRECT DEPOSIT OF STATE EMPLOYEES' SALARY AND WAGES › Section 2.20.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to provide state employees with
				  the convenience of the direct deposit of their salary and wages while
				  minimizing the burden on the state's central payroll system and human resources
				  and protecting the state and state employees from potential
				  fraud.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 20 - ACCOUNTING BY GOVERNMENTAL ENTITIES › Part 7 - GOVERNING THE AUTOMATIC DIRECT DEPOSIT OF STATE EMPLOYEES' SALARY AND WAGES › Section 2.20.7.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Direct
				deposit account"
means a checking or savings account with a financial
				institution designated by a state employee to receive direct deposits of the
				state employee's net salary and wages.
B.
"Direct deposit"
means an
				electronic fund transfer whereby a state employee's net salary and wages are
				credited to an account designated by the employee.
C.
"Division"
means the
				financial control division of the department of finance and
				administration.
D.
"Financial institution"
means a financial institution located within the
				United States that is part of the electronic fund transfer network used by the
				division to make direct deposits.
E.
"Net salary and wages"
means
				the remainder due a state employee after all authorized payroll deductions have
				been taken from a state employee's gross wages. Authorized payroll deductions
				include state and federal taxes paid by the state employee, state employee
				contributions toward retirement programs administered by the public employees
				retirement association and educational retirement board, and state employee
				premiums for group benefits offered through the risk management division of the
				general services department.
F.
"Salary and wages"
means remuneration for personal services
				rendered by a state employee to a state agency, payment for authorized paid
				leave taken by a state employee, payment for accumulated annual leave and
				compensatory time upon separation from employment with the state, and payment
				for sick leave pursuant to Section
				10-7-10
				NMSA 1978.
G.
"State
				agency"
means any department, institution, board, bureau, commission,
				district or committee of the government of the state and means every office or
				officer of any of the above that utilizes the central payroll system operated
				by the division, pursuant to Section 6-5-2.1(I) NMSA 1978.
H.
"State employee"
means an
				employee of a state agency, including a person holding an elected
				office.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 20 - ACCOUNTING BY GOVERNMENTAL ENTITIES › Part 7 - GOVERNING THE AUTOMATIC DIRECT DEPOSIT OF STATE EMPLOYEES' SALARY AND WAGES › Section 2.20.7.8 - LIMITATIONS ON DIRECT DEPOSIT ACCOUNTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A state employee may only have one direct
				deposit account at a time.
B. A
				state employee must own, in whole or in part, the direct deposit account
				designated by the state employee.
C. One hundred percent of the state
				employee's net salary and wages must be deposited into the direct deposit
				account designated by the state employee.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 20 - ACCOUNTING BY GOVERNMENTAL ENTITIES › Part 7 - GOVERNING THE AUTOMATIC DIRECT DEPOSIT OF STATE EMPLOYEES' SALARY AND WAGES › Section 2.20.7.9 - DIRECT DEPOSIT ACCOUNT PROCEDURES AND RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon being hired
				by a state agency and during such other times as may be required by the
				division, a state employee must either:
(1)
				affirmatively decline to participate in the direct deposit program;
				or
(2) designate a direct deposit
				account.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 2 - GOVERNING THE APPROVAL OF CONTRACTS FOR THE PURCHASE OF PROFESSIONAL SERVICES › Section 2.40.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The contracts
				review bureau of the department of finance and administration shall review and
				approve all professional services contracts which result in expenditures
				greater than five thousand dollars ($5,000), including applicable gross
				receipts tax, and all amendments to those contracts for all state agencies
				except as provided in Subsections B and C of Section 2.40.2.2 NMAC of this
				rule. Contracts expending public funds in accordance with the Procurement Code,
				Sections
				13-1-28 to
				13-1-199
				NMSA 1978 as amended are included within the scope of this rule.
B. The following state agencies are currently
				exempt from submitting professional services contracts and amendments through
				the contracts review bureau of the department of finance and administration:
(1) state agencies within the judicial branch
				of government as defined by the New Mexico Constitution, Article VI;
(2) state agencies within the legislative
				branch of government as defined by the New Mexico Constitution, Article
				IV;
(3) state educational
				institutions as defined by the New Mexico Constitution, Article XII, Section 11
				and Chapter 21, Articles 13, 14, 16 and 17 NMSA 1978;
(4) the state fair for only those contracts
				exempted pursuant to Subsection H of Section
				13-1-99
				NMSA 1978;
(5) the New Mexico
				public school insurance authority pursuant to Subsection F of Section
				22-29-6
				and
				22-29-8
				NMSA 1978 for contracts for procuring goods or services and paying for
				insurance or insurance-related services;
(6) the New Mexico mortgage finance authority
				pursuant to Section
				58-18-20
				NMSA 1978; and
(7) other state
				agencies exempt by statute.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 2 - GOVERNING THE APPROVAL OF CONTRACTS FOR THE PURCHASE OF PROFESSIONAL SERVICES › Section 2.40.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Sections
				13-1-118
				and
				13-1-125 NMSA
				1978 authorize the department of finance and administration to review
				professional services contracts of state agencies as to form, legal
				sufficiency, and budgetary requirements if required by its
				regulations.
B. Section
				6-5-3
				NMSA 1978 provides that before any state agency enters into a contract
				expending public funds, the financial control division of the department of
				finance and administration shall determine the authority for such proposed
				expenditure. After the authority for the expenditure is determined, the
				appropriate fund shall be shown by the financial control division to be
				encumbered to the extent of the proposed expenditure. The financial control
				division may request, and the state agency shall provide, such documentation
				and other information as the financial control division deems necessary to
				justify the state agency's determination of authority. The financial control
				division may disapprove the proposed expenditure if it determines that the
				justification is inadequate or is not substantiated by law.
C. Section
				6-5-6
				NMSA 1978 requires the financial control division of the department of finance
				and administration to determine that the proposed expenditure does not exceed
				the state agency's appropriation, does not exceed the periodic allotment made
				to the state agency or the unencumbered balance of funds at its disposal. The
				state agency shall determine that a proposed expenditure is for a public
				benefit and purpose consistent with the related appropriation and is necessary
				to carry out the statutory mission of the state agency prior to committing the
				state to the transaction.
D.
				Subsection E of 9-1-5 and Subsection E of 9-6-5 NMSA 1978 provide that after
				notice and hearing, the secretary of the department of finance and
				administration may make and adopt such reasonable administrative and procedural
				rules and regulations as necessary to carry out the duties of the department of
				finance and administration and its divisions.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 2 - GOVERNING THE APPROVAL OF CONTRACTS FOR THE PURCHASE OF PROFESSIONAL SERVICES › Section 2.40.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 24, 2018 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 2 - GOVERNING THE APPROVAL OF CONTRACTS FOR THE PURCHASE OF PROFESSIONAL SERVICES › Section 2.40.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to establish the procedures state
				  agencies must follow and the requirements state agencies must meet in drafting,
				  entering into, and seeking approval of professional services contracts. These
				  procedures ensure compliance with Sections
				  6-5-3,
				  6-5-6,
				  13-1-118
				  and
				  13-1-125 NMSA
				  1978 as amended.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 2 - GOVERNING THE APPROVAL OF CONTRACTS FOR THE PURCHASE OF PROFESSIONAL SERVICES › Section 2.40.2.8 - DELEGATION OF APPROVAL AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The bureau shall review all contracts and contract amendments for professional
				services with state agencies as to form, and budgetary requirements.
B. The bureau shall consult with the
				department's legal counsel as needed regarding any issues of legal sufficiency
				of a state agency's contracts and contract amendments for professional
				services.
C. The DFA secretary
				shall delegate, in writing to certain members of the bureau, the authority to
				approve professional services contracts which result in expenditures greater
				than five thousand dollars ($5,000), including gross receipts tax, and all
				amendments to those contracts except retroactive approval to contracts and
				contract amendments and sole source contracts and amendments to sole source
				contracts as provided herein.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 2 - GOVERNING THE APPROVAL OF CONTRACTS FOR THE PURCHASE OF PROFESSIONAL SERVICES › Section 2.40.2.9 - FORM AND SUBMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				contracts and subsequent amendments shall be in a form and contain such
				provisions as required by the bureau, including but not limited to, a scope of
				work consistent with the request for proposals issued by the state agency if
				the contract was procured by a request for proposals and performance measures
				when required and as defined by and in accordance with the Accountability in
				Government Act, Sections
				6-3A-1 through
				6-3A-9 NMSA
				1978 and subsequent amendments.
B.
				All contracts and amendments shall:
(1) be
				accompanied by a contract brief being in such form and containing such
				information as may be required by the bureau;
(2) be accompanied by a document prescribed
				by the financial control division of the department showing that funds have
				been encumbered to the extent of the contract, including any amendments to that
				contract; if the contract term includes more than one fiscal year, the contract
				must be accompanied by an encumbrance for the current fiscal year amount or, up
				to the total amount of the current appropriation available for that
				contract;
(3) be accompanied by a
				written request for approval from the secretary of the contracting state agency
				or designee if the contract is subject to Paragraph (1) of Subsection C of
				2.40.2.10 NMAC
				of this rule; and
(4) comply with
				New Mexico law regarding indemnification and insurance.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 2 - GOVERNING THE APPROVAL OF CONTRACTS FOR THE PURCHASE OF PROFESSIONAL SERVICES › Section 2.40.2.10 - REVIEW PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. State
				agencies must submit to the bureau for review:
(1) sole source contracts;
(2) amendments to sole source
				contracts;
(3) retroactive approval
				to contracts; and
(4) retroactive
				approval to contract amendments.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 2 - GOVERNING THE APPROVAL OF CONTRACTS FOR THE PURCHASE OF PROFESSIONAL SERVICES › Section 2.40.2.11 - SMALL PURCHASES

Current through Register Vol. 35, No. 13, July 16, 2024
A contract for professional services having a value over five
				  thousand dollars ($5,000) excluding applicable gross receipts taxes, but not
				  exceeding the amount set forth in Section
				  13-1-125 NMSA
				  1978 except for the services of architects, landscape architects engineers, or
				  surveyors for state public works projects, may be procured in accordance with
				  the Procurement Code, Sections
				  13-1-28 to
				  13-1-199
				  NMSA 1978.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 2 - GOVERNING THE APPROVAL OF CONTRACTS FOR THE PURCHASE OF PROFESSIONAL SERVICES › Section 2.40.2.12 - SOLE SOURCE CONTRACT OR AMENDMENT TO SOLE SOURCE CONTRACT

Current through Register Vol. 35, No. 13, July 16, 2024
A. A contract may be awarded without
				competitive sealed proposals, regardless of the estimated cost, when a central
				purchasing office of a contracting state agency makes a written determination,
				signed by the secretary of the contracting state agency or designee, which
				states that a good-faith review of available sources has been conducted and
				that there is only one source for the required professional services. The
				written determination and the dollar amount of the contract shall be submitted
				to the bureau for review and approval by the DFA secretary or designee and
				shall include the following information:
(1) a
				detailed, sufficient explanation of the reasons, qualifications, proprietary
				rights, or unique capabilities that make the prospective contractor a sole
				source;
(2) an explanation of the
				criteria developed and specified by the state agency as necessary to perform
				the contract and upon which the state agency reviewed available
				sources;
(3) a description of the
				procedures used by the state agency in conducting a good faith review of
				available sources, including without limitation, a narrative description of all
				steps taken by the state agency as evidence of the good-faith review
				performance such as:
(a) researching trade
				publications and industry newsletters;
(b) reviewing telephone books or other
				advertisements;
(c) reviewing
				current contract;
(d) contacting
				similar service providers; and
(e)
				reviewing the state purchasing agents vendor list; and
(4) a list of all businesses contacted and an
				explanation of why those businesses could not perform the contract, or, a
				reasonable explanation of why the state agency has determined that no
				businesses, besides the prospective contractor, exist.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 2 - GOVERNING THE APPROVAL OF CONTRACTS FOR THE PURCHASE OF PROFESSIONAL SERVICES › Section 2.40.2.13 - RETROACTIVE APPROVAL FOR A CONTRACT OR CONTRACT AMENDMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The Procurement Code, Section
				13-1-102,
				NMSA 1978, as amended, requires that all non-exempt procurement (Section
				13-1-98
				NMSA 1978) by state agencies shall be achieved by competitive sealed bids or
				competitive sealed proposals except for small purchases, sole source
				procurements, emergency procurements, existing contracts and procurements from
				antipoverty program business. For professional services, the proposal and
				procurement process are not complete until a written contract or contract
				amendment is signed by the agency and the contractor and is approved by the DFA
				secretary or designee and approved by the bureau.
B. For retroactive approval of contracts and
				contract amendments which fulfill all of the requirements of this rule and the
				Procurement Code, DFA will approve the date requested in writing by the agency
				on the brief accompanying the document as long as the requested approval date
				is within thirty days of the first day of each fiscal year.
C. For retroactive approval of contracts and
				contract amendments apart from the approval given pursuant to the provisions
				2.40.2.13 NMAC of this rule, DFA may grant additional retroactive approval to a
				contract or contract amendment, based upon rare and exceptional circumstances,
				where all of the following conditions are met:
(1) the professional services performed
				without DFA's prior approval of the contract did not occur as the result of
				repeated agency mistakes or willful misconduct;
(2) the failure to obtain DFA's retroactive
				approval will prevent the state agency from fulfilling its statutory
				obligations;
(3) the state agency
				provides to DFA a written, factual, detailed explanation of the matters
				described in Paragraphs (1) and (2) of Subsection C of 2.40.2.13 NMAC,
				certified to be true by signature of the head of the state agency;
(4) the state agency requested, through a
				public officer or employee with authority to make such a request, the
				contractor to perform professional services that were then actually performed
				by the contractor in good faith reliance that it would be paid for those
				professional services.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 2 - GOVERNING THE APPROVAL OF CONTRACTS FOR THE PURCHASE OF PROFESSIONAL SERVICES › Section 2.40.2.14 - EMERGENCY PROCUREMENT

Current through Register Vol. 35, No. 13, July 16, 2024
An emergency procurement of professional services may be made
				  under the conditions provided in the Procurement Code. Records of any emergency
				  procurement of professional services, including the written determination of
				  the basis for the emergency procurement being relied on by the state agency as
				  justification for the emergency procurement, shall be maintained by the state
				  agency for a minimum of three years and shall be made available by the state
				  agency to the financial control division upon request.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 2 - GOVERNING THE APPROVAL OF CONTRACTS FOR THE PURCHASE OF PROFESSIONAL SERVICES › Section 2.40.2.15 - COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
State agencies must comply with federal and state statutes,
				  rules, regulations and policies and shall have their state agency's legal
				  counsel review all contracts and contract amendments certifying in writing that
				  they are legally sufficient prior to submission to the bureau. Wrongful or
				  mistaken approval by the bureau shall not be a defense to an action brought by
				  or against the state agency on a contract.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 2 - GOVERNING THE APPROVAL OF CONTRACTS FOR THE PURCHASE OF PROFESSIONAL SERVICES › Section 2.40.2.16 - RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Record
				inspection, record retention and record destruction relating to contracts shall
				be conducted in accordance with the Inspection of Public Records Act, Sections
				14-2-1
				to
				14-2-12
				NMSA 1978; the Public Records Act, Sections
				14-3-1 to
				14-3-23
				NMSA 1978; and with Section
				13-1-128
				NMSA pertaining to sole source and emergency procurement; and Section
				13-1-116
				NMSA 1978 of the Procurement Code.
B. The bureau will retain original contracts,
				any subsequent amendments, and contract briefs in accordance with provisions of
				the Inspection of Public Records and Public Records Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 2 - GOVERNING THE APPROVAL OF CONTRACTS FOR THE PURCHASE OF PROFESSIONAL SERVICES › Section 2.40.2.17 - RULE FILING

Current through Register Vol. 35, No. 13, July 16, 2024
This rule shall be filed in accordance with the State Rules
				  Act, Sections
				  14-4-1 to
				  14-4-11
				  NMSA 1978 and shall become effective upon publication in the New Mexico
				  Register.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 3 - CIVIL LEGAL SERVICES FUND › Section 2.40.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Section 34-14-1(2001); NMSA 1978, Section
				  34-6-40;
				  and NMSA 1978, Section
				  35-6-1.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 3 - CIVIL LEGAL SERVICES FUND › Section 2.40.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective is to establish procedures for the allocation
				  and disbursement of revenue from the civil legal services
				  fund.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 3 - CIVIL LEGAL SERVICES FUND › Section 2.40.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Act" means NMSA
				1978, Section 34-14-1(2001), entitled civil legal services
				commission.
B. "Civil legal
				services" means a full range of free legal services provided by attorneys or
				attorney-supervised staff in noncriminal matters to low-income persons living
				in New Mexico. The full range of services is subject to interpretation by the
				commission.
C. "Civil legal
				services commission" means an appointed five-member commission, all members who
				must have experience with civil legal matters affecting low-income
				persons.
D. "Civil legal services
				fund" or "fund" means an account created within the state treasury financed
				through designated court fees.
E.
				"Code" means the New Mexico Procurement Code, NMSA 1978, Sections
				13-1-28
				through
				13-1-199.
F. "Commission" means the civil legal
				services commission.
G. "Contract"
				means the signed legal agreement between fund recipients and the division
				outlining specific requirements for use of fund monies.
H. "DFA" means the executive agency
				department of finance and administration.
I. "Division" means local government division
				within the department of finance and administration.
J. "Impoverished New Mexicans" means
				low-income persons.
K. "Low income
				person(s)" means a person(s) living in New Mexico lacking the financial ability
				to secure needed civil legal services. The specific financial criteria to
				define low-income persons shall be based on federal poverty guidelines and
				determined by the commission at intervals not to exceed three years.
L. "New Mexicans living in poverty" means
				low-income persons.
M. "New
				Mexican" means a person living in New Mexico at the time that person needs
				civil legal services.
N. "Person(s)
				living in poverty" means a low-income person(s).
O. "Request for proposal (RFP)" means a
				solicitation for a competitive proposal for services subject to the state
				Procurement Code.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 3 - CIVIL LEGAL SERVICES FUND › Section 2.40.3.8 - INTRODUCTION AND PURPOSE

Current through Register Vol. 35, No. 13, July 16, 2024
The 2001 New Mexico Legislature enacted Laws of 2001, Chapter
				  277, now codified as the act, creating the civil legal services fund and the
				  civil legal services commission. The fund has been established in the state
				  treasury and is to be used to pay for civil legal services to low-income
				  persons living in New Mexico. The fund is appropriated to the department of
				  finance and administration local government division and the civil legal
				  services commission. Disbursements from the fund shall be by warrant drawn by
				  the secretary of DFA. The commission is required to establish and adopt rules
				  and procedures for the fund, solicit proposals for the provision of civil legal
				  services, and enter into contracts with eligible providers. The division,
				  pursuant to the rules of the commission, shall administer the contracts and
				  programs of the fund, and require an annual accounting from each recipient of
				  disbursements from the fund. All commission rules, disbursements and
				  expenditures involving the fund must be within the purview of the state
				  code.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 3 - CIVIL LEGAL SERVICES FUND › Section 2.40.3.9 - ELIGIBLE SERVICE PROVIDERS

Current through Register Vol. 35, No. 13, July 16, 2024
To be eligible to contract for monies with the commission
				  service providers shall provide to the division documentation that they:
A. are nonprofit organizations, tax exempt
				under the Internal Revenue Code, Section 501(c) or its successor or organized
				and operated exclusively for non-profit activities within the categories
				recognized as such by the Internal Revenue Code, Section 501(c) or its
				successor; and
B. are registered
				with the state of New Mexico as a non-profit organization and listed on the
				state's web site; and
C. are
				organized and operated to provide free legal services to low income persons
				residing in New Mexico and do not engage in any other except related activity
				or are organized and operated as a separate department within a larger
				organization that has as its purpose the provision of free legal services to
				low income persons residing in New Mexico and that employs at least one
				full-time attorney dedicated solely to providing these services; and
D. are willing and able to cooperate with
				state and local bar associations, pro bono legal service programs, private
				attorneys, and similar persons or entities to increase the availability of free
				legal services to low income persons residing in New Mexico; or are willing and
				able to increase and coordinate statewide access to civil legal services to low
				income persons residing in New Mexico through innovative technology, subject to
				the limitations on appropriations set forth in 2.40.3.10 NMAC.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 3 - CIVIL LEGAL SERVICES FUND › Section 2.40.3.10 - ELIGIBLE SERVICES OR ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
All disbursements from the fund shall be used for the sole
				  purpose of providing civil legal services to low income persons in accordance
				  with the act, except to the extent that any statutory authorized fee for
				  administrative costs shall be paid to DFA. No more than fifty percent of net
				  appropriations (less the required administrative fee to DFA for operation of
				  the civil legal services commission) shall be spent on activities solely
				  directed to adapting innovative technology to increase access to free legal
				  services for low income persons residing in New Mexico. Appropriations shall
				  only be disbursed to service providers who meet the eligibility requirements
				  set forth in
				  2.40.3.9
				  NMAC. Services provided to eligible persons must be in accordance with the New
				  Mexico supreme court access to justice commission civil legal services plan and
				  the critical legal needs of low income persons residing in New Mexico
				  identified in the April 2006 New Mexico supreme court order, including, but not
				  necessarily limited to, housing, consumer, domestic violence, family law,
				  employment, and government benefits issues.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 3 - CIVIL LEGAL SERVICES FUND › Section 2.40.3.11 - INELIGIBLE SERVICES OR ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Money disbursed from the fund cannot be used to:
A. bring suit against the state of New
				Mexico;
B. acquire land or
				buildings;
C. accumulate or
				transfer cash;
D. provide legal
				advice or representation on criminal matters; or
E. support lobbying, as defined in the
				Lobbyist Regulation Act, NMSA 1978, Sections
				2-11-1 through
				2-11-9.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 3 - CIVIL LEGAL SERVICES FUND › Section 2.40.3.12 - APPLICATION PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
Under direction from the commission and pursuant to the state
				  Procurement Code, the division will issue request for proposals (RFPs) for the
				  provision of civil legal services to low-income persons. The form and content
				  of the RFP(s) will be determined by the commission, with assistance from the
				  division. The evaluation criteria used by the commission in determining RFP
				  awards will be contained in the RFP. Civil legal service providers will be
				  selected as fund recipients by the commission based on review and rating of
				  submissions by the division. Service providers will be required to formalize
				  the award through a contract with the division, as required by state
				  law.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 3 - CIVIL LEGAL SERVICES FUND › Section 2.40.3.13 - ADMINISTRATIVE PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
All funded service providers will be required to adhere to
				  state procurement laws, regulations and other procedures established by the
				  division to ensure that all funds are expended in accordance with state law.
				  The division shall require an annual accounting from each organization
				  receiving funds. Funds will be distributed to recipients as specified in the
				  contract. Fund disbursements must be included in the service provider's budget
				  process and financial reports. Fund expenditure documentation must be provided
				  to the division as outlined in the contract. The commission may request
				  additional oral or written reports from service providers as deemed
				  necessary.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 3 - CIVIL LEGAL SERVICES FUND › Section 2.40.3.14 - LIMITATIONS OF FUND

Current through Register Vol. 35, No. 13, July 16, 2024
All disbursements from the fund are contingent upon
				  sufficient revenue credited to the fund. Unexpended or unencumbered balances in
				  the fund at the end of a fiscal year remain in the fund to carry out provisions
				  of the Act in the next fiscal year.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 3 - CIVIL LEGAL SERVICES FUND › Section 2.40.3.15 - SUPPLEMENTAL FUNDING

Current through Register Vol. 35, No. 13, July 16, 2024
Should additional fund monies become available, the
				  commission may call for and act on additional RFPs from eligible service
				  providers.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 3 - CIVIL LEGAL SERVICES FUND › Section 2.40.3.16 - SANCTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Sanctions may include any administrative action, including
				  contract termination, authorized by the commission against a fund recipient for
				  improper, inadequate performance or noncompliance with one or more condition(s)
				  of the contract. Examples of deficient performance by a service provider
				  include but are not limited to: failure to correct monitoring or audit
				  findings; failure to document and report to the division all expenditures of
				  fund monies; failure to implement legal services in a timely manner; failure to
				  execute activities in accordance with the contract; and implementation of a
				  program change without prior approval of the commission.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 3 - CIVIL LEGAL SERVICES FUND › Section 2.40.3.17 - COMMISSION AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The commission may at any time waive or adjust any state
				  imposed regulation relative to the fund rules and administration as long as the
				  waiver or adjustment does not penalize or favor any eligible service provider
				  or violate any state law or other regulation.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 3 - CIVIL LEGAL SERVICES FUND › Section 2.40.3.18 - PARTICIPATION IN COMMISSION MEETINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A commissioner may participate in a meeting of the commission
				  by means of a conference telephone or other similar communications equipment
				  when it is otherwise difficult or impossible for the commissioner to attend the
				  meeting in person, and participation by such means shall constitute presence in
				  person at the meeting. When a commissioner participates in a meeting by
				  conference telephone or other similar communications equipment, (1) each
				  commissioner participating by telephone must be able to be identified when
				  speaking, (2) all participants must be able to hear each other at the same
				  time, and (3) members of the public attending the meeting must be able to hear
				  any commissioner who speaks during the meeting. Arrangements to attend a
				  meeting by telephone must be made sufficiently in advance to allow LGD to
				  secure the necessary equipment to provide for a suitable telephonic
				  connection.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 5 - PURCHASING OF SERVICES FROM PERSONS WITH DISABILITIES › Section 2.40.5.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Council for Purchasing from Persons with
				  Disabilities, 435 Saint Michael's Drive, Building D, Santa Fe, New
				  Mexico.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 5 - PURCHASING OF SERVICES FROM PERSONS WITH DISABILITIES › Section 2.40.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Section
				  13-1C-1
				  through Section
				  13-1C-7.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 5 - PURCHASING OF SERVICES FROM PERSONS WITH DISABILITIES › Section 2.40.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
03/30/2007, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 5 - PURCHASING OF SERVICES FROM PERSONS WITH DISABILITIES › Section 2.40.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This regulation establishes certain procedures with respect
				  to purchasing of services from persons with disabilities and clarifies which
				  services provided by persons with disabilities are suitable for sale to state
				  agencies and local public bodies.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 5 - PURCHASING OF SERVICES FROM PERSONS WITH DISABILITIES › Section 2.40.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Appreciable
				contribution" means significant labor of individuals with disabilities applied
				to a service.
B. "Brokering" means
				negotiating contracts, as an agency, between organizations or individuals, for
				compensation.
C. "Central nonprofit
				agency" means a nonprofit agency approved pursuant to rules of the council to
				facilitate the equitable distribution of orders and services of:
(1) qualified individuals; and
(2) community rehabilitation
				programs.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 5 - PURCHASING OF SERVICES FROM PERSONS WITH DISABILITIES › Section 2.40.5.8 - DETERMINATION OF WHICH SERVICES PROVIDED BY PERSONS WITH DISABILITIES ARE SUITABLE FOR SALE TO STATE AGENCIES AND LOCAL PUBLIC BODIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Services provided by persons with
				disabilities suitable for sale to state agencies and local public bodies:
(1) must be within the competency of the
				prospective provider;
(2) must have
				potential to provide positive, integrated employment outcome for persons with
				disabilities;
(3) may be approved
				as statewide, or by specific contract offering by a state agency or local
				public body;
(4) require the
				approval by the council prior to being offered.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 5 - PURCHASING OF SERVICES FROM PERSONS WITH DISABILITIES › Section 2.40.5.9 - ESTABLISHING, MAINTAINING AND PUBLISHING OF A LIST OF ALL SUITABLE SERVCIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The council
				shall establish, approve and revise a list of suitable services through a
				contract with a central nonprofit agency on an as needed basis.
B. Copies of the list shall be published at
				the state purchasing office and on-line at appropriate state websites, on a
				website maintained by the central nonprofit agency, and may also be advertised
				in New Mexico business publications.
C. The council requires that the central
				nonprofit agency to establish procedures to submit a given service for council
				approval. The central nonprofit agency shall be responsible for providing the
				council with information to substantiate the conditions for service
				determination.
D. Once approved by
				the council, services shall be included in a master list of approved
				services.
E. New services may be
				added to the list upon a majority vote at any council meeting.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 5 - PURCHASING OF SERVICES FROM PERSONS WITH DISABILITIES › Section 2.40.5.10 - ESTABLISHING AND VERIFYING FAIR MARKET PRICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The council shall verify and revise the
				fair market prices on an as needed basis.
B. The council shall revise the fair market
				prices in accordance with the changing market conditions to ensure that
				contracted services offer the best value for state agencies and local public
				bodies.
C. The pricing standard for
				services should be as close as possible to prevailing market price not
				including the central nonprofit agency fee.
D. The council shall set the price within a
				range submitted by the central nonprofit agency taking into consideration the
				benefits associated with employment of persons with disabilities.
E. Fair market price may be established based
				on:
(1) prices paid for similar services by
				federal, state and local public bodies and by private businesses; or
(2) the actual cost of performing the
				services at a community rehabilitation program, determined by use of a council
				approved cost analysis worksheet, taking into consideration the benefits
				associated with employing persons with disabilities; or
(3) any other accepted business method
				acceptable to the council.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 5 - PURCHASING OF SERVICES FROM PERSONS WITH DISABILITIES › Section 2.40.5.11 - PROCEDURE TO CERTIFY ELIGIBLE COMMUNITY REHABILITATION PROGRAMS AND QUALIFIED INDIVIDUALS

Current through Register Vol. 35, No. 13, July 16, 2024
The certification procedure to determine eligible provider
				  members shall consist of a two part process:
A. Certification of eligibility as a
				qualified individual with a disability or community rehabilitation program as
				defined by statute.
B. Verification
				of ability to perform the service.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 5 - PURCHASING OF SERVICES FROM PERSONS WITH DISABILITIES › Section 2.40.5.12 - PROCEDURE FOR APPROVAL OF CENTRAL NON-PROFIT AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The council shall establish a procedure
				for approval of a central nonprofit agency that shall hold contracts,
				facilitate the equitable distribution of orders for services to be procured by
				state agencies and local public bodies and market approved services to state
				agencies and local public bodies.
B. The council shall request proposals from
				applicants which provide evidence that the central non-profit agency is a
				private, nonprofit entity within the state which:
(1) has a mission which includes employment
				of persons with disabilities;
(2)
				is not a direct-service provider;
(3) can negotiate contracts;
(4) has knowledge of state and local
				governmental contracting policies and procedures;
(5) can demonstrate independence to equitably
				distribute contracts for procured services;
(6) can manage the scale of operations
				required; and
(7) has an approved
				operations manual which details all policies and procedures for operation of
				the central nonprofit agency.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 5 - PURCHASING OF SERVICES FROM PERSONS WITH DISABILITIES › Section 2.40.5.13 - PROCEDURES FOR OPERATION OF CENTRAL NON-PROFIT AGENCY, INCLUDING FEE STRUCTURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				council shall ensure that the central nonprofit agency has an approved
				operations manual that details all policies and procedures for operation of the
				central nonprofit agency.
B. The
				council shall establish a fee to be paid to the central nonprofit agency on the
				basis of contracts procured from state agencies and other local public bodies.
				The fee will be added to the fair market price paid by the state agencies and
				local public bodies.