New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 4 - GUIDELINES FOR PURCHASE OF SURPLUS EQUIPMENT VIA LOCAL GOVERNMENT ROAD FUNDS › Section 18.27.4.8 - GUIDELINES

Current through Register Vol. 35, No. 13, July 16, 2024
The following guidelines are established for administration
				  of the provisions:
A. Only
				municipalities and counties that can demonstrate financial hardship shall be
				eligible.
B. Entities shall submit
				to the State Maintenance Bureau a resolution or certification indicating their
				financial hardship. The resolution or certification shall be signed by the
				Municipal Mayor or Manager, County Commission Chairman, or other authorized
				official. Also, the entities shall provide a listing of equipment that will be
				desired.
C. If a public entity is
				not using maximum tax levy authority, the entity shall provide a written
				explanation of why the maximum tax levy is not being imposed prior to the
				Department considering the waiver request.
D. Determination of financial hardship status
				shall be based on contents of submitted resolution or certification; financial
				statements requested from DFA, Local Government Division, and any other
				information available or provided by the entity that would tend to substantiate
				financial hardship. An annual deadline for receipt of these documents is the
				last day of April each year. This will allow time for a sufficient review and
				processing time.
E. All qualified
				entities will be reviewed on a competitive basis. If financial hardship is
				evident, the State Maintenance Engineer or his designee shall submit the
				entity's request and resolution or certification along with a recommendation
				for approval to the Department's Secretary. If financial hardship is not
				evident, the State Maintenance Engineer shall so notify the entity in
				writing.
F. The Department is
				Secretary shall review the recommendation of the State Maintenance Engineer and
				recommend action to the Commission.
G. Upon notification of the Commission's
				action, the State Maintenance Engineer shall, in turn, notify the
				entity.
H. Approved/qualifying
				entities shall be allowed to purchase surplus equipment at a location and
				during a time period determined by Department and shall be provided necessary
				sale information upon notification of approval. Entity representations shall be
				limited to two (2) individuals per entity during the Hardship Auction. Entities
				shall be limited to two consecutive annual awards, and then a maximum one year
				restriction will be enforced to allow for fair and proper distribution of State
				funds. This restriction is waived if the total number of qualified entities
				does not exceed twenty (20).
I.
				Approved entities will be limited to two (2) items in class (02) vehicles
				(sedans) and up to four (4) items in class (03) (pickups, 1/2 ton to 3/4 ton).
				There is also a limit of two (2) in other classes of equipment. The total
				dollar amount shall not exceed $25,000 per entity.
J. Monies uncommitted by entities during the
				designated sale period shall revert to the Local Government Road
				Fund.