New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 51 - MUSEUM OF NEW MEXICO › Part 57 - GOVERNANCE OF THE PORTAL PROGRAM AT THE PALACE OF THE GOVERNORS STATE HISTORY MUSEUM › Section 4.51.57.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Add-on" means a
				new or additional product offered in the program.
B. "Applicant" means an individual who
				submits an application to be a participant pursuant to these rules.
C. "Application" means the form used by the
				division for applicants to apply to participate in the program.
D. "Board of regents" means the board of
				regents of the museum of New Mexico.
E. "Child" means a son or daughter.
F. "Coordinator" means the division employee
				assigned by the director to serve as the liaison between the participants and
				the director.
G. "Demonstration"
				means the process by which applicants and participants demonstrate the ability
				to make the product(s) that applicants wish to sell in the program.
H. "Demonstration report" means the form
				described in
				4.51.57.10
				NMAC.
I. "Director" means the
				director of the division or the director's designee.
J. "Dishonest" means obtaining an unfair
				advantage during the election of portal committee members and officers or
				during the drawing, and includes, but is not limited to, taking two or more
				chips at the same time away from the drawing receptacle, getting in line for
				the morning draw after the duty officer has closed the line, drawing a numbered
				chip and giving the chip to another participant or member from a different
				household, or having more than one person from the same household in line for
				the morning draw or claiming more than one space per household on any given
				day.
K. "Division" means the palace
				of the governors state history museum division.
L. "Duty officer" means a portal committee
				member assigned by the portal committee to monitor the program area on a
				particular day.
M. "Findings" shall
				have the meaning given in Section
				30-33-4 of
				the IACSA.
N. "Good standing" means
				a participant who sells in the program area at least once a year and is not on
				suspension or termination from the program.
O. "Household member" means a participant who
				resides in the same residence as another participant and who is related by
				blood, marriage, or adoption to the other participant and includes a(n) spouse,
				parent, legal guardian, grandparent, son or daughter, grandchild, sibling,
				cousin, aunt, uncle, niece, nephew, and in-law.
P. "Identity badge" means the museum issued
				identification card for program participants.
Q. "Indian market" means the event held
				annually by the southwest association of Indian arts during the third weekend
				in August.
R. "Inspection" means
				the examination by one or more portal committee members of products displayed
				by a participant for sale to ensure compliance with these rules.
S. "IACSA" means the Indian Arts and Crafts
				Sales Act, Sections
				30-33-1
				through
				30-33-11
				NMSA 1978.
T. "Maker's Mark" means
				a symbol that applicants or participants use to identify their
				products.
U. "Minor children" means
				a person under the age of 18.
V.
				"Monitoring form" means a written report completed by a portal committee member
				that documents violation(s) of these rules by a participant.
W. "Museum" means the palace of the governors
				state history museum.
X. "Native
				American" means any person who is an enrolled member of a Native American tribe
				as evidenced by a tribal enrollment card or certified tribal records, or any
				person who can meet the minimum qualifications for services offered by the
				United States government to Native Americans because of their special status as
				Native Americans as evidenced by a certificate of degree of Native American
				blood card.
Y. "Native American
				handmade" means any product in which the entire shaping and forming of the
				product from raw materials and its finishing and decoration were accomplished
				by Native American hand labor and manually controlled methods that permit the
				maker to control and vary the construction, shape, design or finish of each
				part of each individual product, but does not exclude the use of findings, hand
				tools and equipment for buffing, polishing, grinding, drilling, sawing or
				sewing and other processes approved by regulations adopted under the
				IACSA.
Z. "Native American tribe"
				means any tribe, band, nation, Alaska native village or other organized group
				or community that is eligible for the special programs and services provided by
				the United States government to Native Americans because of their status as
				Native Americans, or any tribe that has been formally recognized as a Native
				American tribe by a state legislature.
AA. "Parent" means a biological, adoptive,
				step or foster father or mother, or any other individual who stood in loco
				parentis to the participant when the participant was a son or
				daughter.
BB. "Participant" means
				an individual that has successfully completed the application process and has
				been accepted as an artist in the program.
CC. "Participant file" means the official
				program file which is a collection of papers, materials and documents relating
				to the individual program participant, and shall include, at a minimum, current
				address and contact information, proof that a participant is eligible and
				qualified to be a participant, e.g., application, documentation of
				demonstration, proof of tribal enrollment, clear description and picture of
				mark, a signed statement of responsibility, release, and agreement to
				participate in the portal program, and any disciplinary actions. A participant
				may review their file by making an appointment with the portal coordinator or
				director.
DD. "Portal committee"
				means the group of participants that monitors, in conjunction with the director
				coordinator, the daily operation of the program and the applicants' and
				participants' compliance with these rules.
EE. "Product" means Native American arts and
				crafts and traditional food stuffs offered for sale in the program that meet
				the requirements of these rules.
FF. "Program" means all activities that
				comprise the selection of participants and selling of products under these
				rules.
GG. "Program area" means the
				area described in
				4.51.57.13
				NMAC.
HH. "Reprimand" means the
				written notice or admonition to a participant of misconduct and the potential
				consequences of further misconduct.
II. "Son or daughter" means a biological,
				adopted or foster child, a stepchild, a legal ward, or a child of a person
				standing in loco parentis.
JJ.
				"Space" means a designated area within the program area which is assigned,
				pursuant to this rule, to a participant to sell participant(s)'s
				product(s).
KK. "Spanish market"
				means the event held annually by the Spanish colonial art society during the
				third weekend of July.
LL. "Spouse"
				means a husband or wife. For purposes of this definition, husband or wife
				refers to the other person with whom an individual entered into marriage as
				defined or recognized under state law for purposes of marriage in the state in
				which the marriage was entered into or, in the case of a marriage entered into
				outside of any state, if the marriage is valid in the place where entered into
				and could have been entered into in at least one State. This definition
				includes an individual in a same-sex or common law marriage that either was
				entered into in a State that recognizes such marriages or if entered into
				outside of any state, is valid in the place where entered into and could have
				been entered into in at least one state.
MM. "Statement of responsibility, release,
				and agreement to participate in the portal program" is a statement signed by a
				participant acknowledging that in exchange for being allowed to participate in
				the portal program, the participant agrees to abide by applicable department
				policies and rules.
NN.
				"Suspension" means temporarily revoking of a portal participant's privilege to
				sell participant's products for a defined period of time, no less than one day
				and no more than twelve months.
OO.
				"Termination" means permanently revoking a participant's privilege to sell
				products in the program.
PP. "These
				rules" means 4.51.57 NMAC, Governance of the Portal Program at the Palace of
				the Governors State History Museum.