reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 51 - MUSEUM OF NEW MEXICO › Part 1 - GENERAL PROVISIONS › Section 4.51.1.23 - PUBLIC RELATIONS AND INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Good public relations should be cultivated
				at all times. Cordiality and helpfulness must be the goal of every museum of
				New Mexico employee in contacts with the public and with media
				representatives.
B. All complaints
				or requests for information should be referred to the appropriate associate
				director or bureau chief and answered as soon as possible. Complaints should
				not be discouraged, for they can be valuable in evaluating museum facilities
				and programs.
C. Contacts with the
				media, although often desirable, can have unforeseen results. In the interest
				of avoiding potential problems, especially regarding policies of the museum,
				all employees must notify and obtain clearance from the public information
				officer or the director, museum of New Mexico, before discussions with media
				representatives. All news releases will be routed through the public
				information officer.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 51 - MUSEUM OF NEW MEXICO › Part 6 - DISPLAY AND SALE OF MERCHANDISE ON THE GROUNDS AND AREAS OF THE MUSEUM › Section 4.51.6.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Office of Cultural Affairs, Museum Division (Museum of New
				  Mexico).
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 51 - MUSEUM OF NEW MEXICO › Part 6 - DISPLAY AND SALE OF MERCHANDISE ON THE GROUNDS AND AREAS OF THE MUSEUM › Section 4.51.6.8 - DISPLAY AND SALE OF MERCHANDISE ON THE GROUNDS AND AREAS OF THE MUSEUM

Current through Register Vol. 35, No. 13, July 16, 2024
A. The director of
				the museum shall have the authority to permit the following persons, programs,
				or organizations to engage in the display and sales of items, and to engage in
				fund-raising activities, on museum grounds:
(1) The museum of New Mexico foundation and
				the international folk art foundation;
(2) Annually scheduled markets;
(3) Programs or units of the museum of New
				Mexico, including the portal program of the palace of the governors;
(4) Other artistic and cultural programs or
				institutions consistent with the museum's policies and educational
				goals.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 51 - MUSEUM OF NEW MEXICO › Part 9 - POLICY ON BEQUESTS AND DEFERRED GIVING (REPEALED) › Section 4.51.9.8 - POLICY ON BEQUESTS AND DEFERRED GIVING (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 51 - MUSEUM OF NEW MEXICO › Part 11 - POLICY ON COLLECTION, DISPLAY AND REPATRIATION OF CULTURALLY SENSITIVE MATERIALS › Section 4.51.11.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Office of Cultural Affairs, Museum Division(Museum of New
				  Mexico).
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 51 - MUSEUM OF NEW MEXICO › Part 11 - POLICY ON COLLECTION, DISPLAY AND REPATRIATION OF CULTURALLY SENSITIVE MATERIALS › Section 4.51.11.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
[Filed February 5, 1991]
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 51 - MUSEUM OF NEW MEXICO › Part 11 - POLICY ON COLLECTION, DISPLAY AND REPATRIATION OF CULTURALLY SENSITIVE MATERIALS › Section 4.51.11.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The policy of the museum of New Mexico is to collect, care
				  for, and interpret materials in a manner that respects the diversity of human
				  cultures and religions. Culturally sensitive materials include material culture
				  as well as the broader ethical issues which surround their use, care, and
				  interpretation by the museum. The museum's responsibility and obligation are to
				  recognize and respond to ethical concerns.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 51 - MUSEUM OF NEW MEXICO › Part 11 - POLICY ON COLLECTION, DISPLAY AND REPATRIATION OF CULTURALLY SENSITIVE MATERIALS › Section 4.51.11.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Culturally
				sensitive materials" are objects or materials whose treatment or use is a
				matter of profound concern to living peoples; they may include, but are not
				limited to:
(1) "human remains and their
				associated funerary objects" shall mean objects that, as a part of the death
				rite or ceremony of a culture, are reasonably believed to have been placed with
				individual human remains either at the time of death or later;
(2) "sacred objects" shall mean specific
				items which are needed by traditional religious leaders for the practice of an
				ongoing religion by present-day adherents;
(3) photographs, art works, and other
				depictions of human remains or religious objects, and sacred or religious
				events; and
(4) museum records,
				including notes, books, drawings, and photographic and other images relating to
				such culturally sensitive materials, objects, and remains.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 51 - MUSEUM OF NEW MEXICO › Part 11 - POLICY ON COLLECTION, DISPLAY AND REPATRIATION OF CULTURALLY SENSITIVE MATERIALS › Section 4.51.11.8 - IDENTIFICATION OF CONCERNED PARTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The museum shall initiate action to
				identify potentially concerned parties who may have an interest in culturally
				sensitive material in the museum's collections.
B. The museum encourages concerned parties to
				identify themselves and shall seek out those individuals or groups whom the
				museum believes to be concerned parties.
C. The museum's sensitive materials committee
				shall review all disputed individual claims of concerned-party status in
				consultation with the tribe, community, or organization which the individual(s)
				claims to represent. The museum's sensitive materials committee shall assist,
				when necessary, in designating concerned parties who have an interest in
				culturally sensitive materials contained in the collections of the museum of
				New Mexico.
D. The museum shall
				provide an inventory of pertinent culturally sensitive materials to recognized
				concerned parties.
E. The museum
				shall work with concerned parties to determine the appropriate use, care and
				procedures for culturally sensitive materials which best balance the needs of
				all parties involved.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 51 - MUSEUM OF NEW MEXICO › Part 11 - POLICY ON COLLECTION, DISPLAY AND REPATRIATION OF CULTURALLY SENSITIVE MATERIALS › Section 4.51.11.9 - IDENTIFICATION AND TREATMENT OF CULTURALLY SENSITIVE MATERIALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Within five
				years of the date of adoption of this policy, each museum unit shall survey to
				the extent possible (in consultation with concerned parties, if appropriate)
				its collections to determine items or material which may be culturally
				sensitive materials. The museum unit shall submit to the director of the museum
				of New Mexico an inventory of all potentially culturally sensitive materials.
				The inventory shall include to the extent possible the object's name, date and
				type of accession, catalogue number, and cultural identification. Within six
				months of submission of its inventory to the director of the museum of New
				Mexico, each museum unit shall then develop and submit, a plan to establish a
				dialogue with concerned parties to determine appropriate treatment of
				culturally sensitive items or materials held by the unit.
B. As part of its treatment plans for
				culturally sensitive materials, the museum reserves the right to restrict
				access to, or use of, those materials to the general public. The museum staff
				shall allow identified concerned parties access to culturally sensitive
				materials.
C. Conservation
				treatment shall not be performed on identified culturally sensitive materials
				without consulting concerned parties.
D. The museum shall not place human remains
				on exhibition. The museum may continue to retain culturally sensitive
				materials. If culturally sensitive materials, other than human remains, are
				exhibited, then a good-faith effort to obtain the advice and counsel of the
				proper concerned party shall be made.
E. All human skeletal remains held by the
				museum shall be treated as human remains and are de facto sensitive materials.
				The museum shall discourage the further collection of human remains; however,
				it will accept human remains as part of its mandated responsibilities as the
				state archaeological repository. At its own initiation or at the request of a
				concerned party, the museum may accept human remains to retrieve them from the
				private sector and furthermore, may accept human remains with the explicit
				purpose of returning them to a concerned party.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 51 - MUSEUM OF NEW MEXICO › Part 11 - POLICY ON COLLECTION, DISPLAY AND REPATRIATION OF CULTURALLY SENSITIVE MATERIALS › Section 4.51.11.10 - REPATRIATION OF CULTURALLY SENSITIVE MATERIALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. On a case-by-case basis, the museum shall
				seek guidance from recognized, concerned parties regarding the identification,
				proper care, and possible disposition of culturally sensitive
				materials.
B. Negotiations
				concerning culturally sensitive materials shall be conducted with professional
				discretion. Collaboration and openness with concerned parties are the goals of
				these dialogues, not publicity. If concerned parties desire publicity, then it
				will be carried out in collaboration with them.
C. The museum shall have the final
				responsibility of making a determination of culturally sensitive materials
				subject to the appeal process as outlined under Section VII A. [now Subsection
				A of 4.51.11.12 NMAC]
D. The museum
				of New Mexico accepts repatriation as one of several appropriate actions for
				culturally sensitive materials only if such a course of action results from
				consultation with designated concerned parties as described in Section III of
				this policy [now 4.51.11.8 NMAC].
E. The museum may accept or hold culturally
				sensitive materials for inclusion in its permanent collections.
F. The museum may temporarily accept
				culturally sensitive materials to assist efforts to repatriate them to the
				proper concerned party.
G. To
				initiate repatriation of culturally sensitive materials, the museum of New
				Mexico's current deaccession policy shall be followed. The curator working with
				the concerned party shall complete all preparations for deaccession through the
				museum collections committee and director before negotiations begin.
H. Repatriation negotiations may also result
				in, but are not limited to, the retention of objects with no restrictions on
				use, care, and/or exhibition; the retention of objects with restrictions on
				use, care and/or exhibition; the lending of objects either permanently or
				temporarily for use to a community; and the holding in trust of culturally
				sensitive materials for the concerned party.
I. When repatriation of culturally sensitive
				materials occurs, the museum reserves the right to retain associated museum
				records but shall consider each request for such records on an individual
				basis.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 51 - MUSEUM OF NEW MEXICO › Part 11 - POLICY ON COLLECTION, DISPLAY AND REPATRIATION OF CULTURALLY SENSITIVE MATERIALS › Section 4.51.11.11 - ONGOING RECOVERY OR ACCEPTANCE OF ARCHAEOLOGICAL MATERIALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. In providing
				sponsored archaeological research or repository functions, the museum shall
				work with agencies that regulate the inventory, scientific study, collection,
				curation, and/or disposition of archaeological materials to ensure, to the
				extent possible under the law, that these mandated functions are provided in a
				manner that respects the religious and cultural beliefs of concerned
				parties.
B. When entering into
				agreements for the acceptance of, or continued care for, archaeological
				repository collections, the museum may issue such stipulations as are necessary
				to ensure that the collection, treatment, and disposition of the collections
				include adequate consultation with concerned parties and are otherwise
				consistent with this policy.
C. In
				addition to the mandated treatment of research sites and remains and in those
				actions where treatment is not mandated, defined, or regulated by laws,
				regulations, or permit stipulations, the museum shall use the following
				independent guidelines in recovering or accepting archaeological materials.
(1) Prior to undertaking any archaeological
				studies at sites with an apparent relationship to concerned parties, the museum
				shall ensure that proper consultation with the concerned parties has taken
				place.
(2) When so requested by
				concerned parties, the museum shall include an observer, chosen by the
				concerned party, in the crew of an archaeological study.
(3) The museum shall not remove human remains
				and their associated funerary objects or materials from their original context
				nor conduct any destructive studies on such remains, objects, and materials,
				except as part of procedures determined to be appropriate through consultation
				with concerned parties, if any.
(4)
				The museum reserves the right to restrict general public viewing of in situ
				human remains and associated funerary objects or items of a sacred nature and
				further shall not allow the public to take or prepare images or records of such
				objects, materials, or items, except as part of procedures determined to be
				appropriate through consultation with concerned parties. Photographic and other
				images of human remains shall be created and used for scientific records
				only.
(5) The museum reserves the
				absolute right to limit or deny access to archaeological remains being
				excavated, analyzed, or curated if access to these remains would violate
				religious practices.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 51 - MUSEUM OF NEW MEXICO › Part 11 - POLICY ON COLLECTION, DISPLAY AND REPATRIATION OF CULTURALLY SENSITIVE MATERIALS › Section 4.51.11.12 - APPEAL PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				museum-recognized concerned party, or a party that claims to be a concerned
				party but which is not recognized to have such status by the museum's committee
				on sensitive materials, may appeal in writing to the director of the museum of
				New Mexico. The director shall issue a written response to the appeal within
				thirty (30) calendar days of its receipt. The decision of the director may be
				contested by written appeal to the board of regents of the museum, which shall
				take such final action as it deems appropriate.
B. Museum staff may appeal a decision of the
				sensitive materials committee in writing to the director of the museum of New
				Mexico. The director shall issue a written response to the appeal within thirty
				(30) calendar days of its receipt. The decision of the director shall be
				final.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 51 - MUSEUM OF NEW MEXICO › Part 18 - POLICY ON LIBRARY COLLECTIONS › Section 4.51.18.8 - POLICY ON LIBRARY COLLECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The museum of New Mexico shall provide
				separate library facilities for each of the collecting bureaus.
(1) The libraries will acquire materials
				that:
(a) provide background information about
				the collections for the general public;
(b) assist the staff in documenting,
				interpreting and caring for the collections;
(c) facilitate the administration and
				operation of the museum; and
(d)
				enhance research capabilities.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 51 - MUSEUM OF NEW MEXICO › Part 19 - POLICY ON PHOTOGRAPHING MUSEUM COLLECTIONS › Section 4.51.19.8 - POLICY ON PHOTOGRAPHING MUSEUM COLLECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Casual photography, for personal use only,
				is permitted in exhibition areas of the museum of New Mexico unless otherwise
				posted. Use of tripods and flash attachments with cameras, however, is not
				permitted.
B. The museum maintains
				a service to provide, for a reasonable fee, photographic reproductions of items
				in its collections. Permission to photograph objects may be granted to
				individual researchers upon approval by the responsible curator or associate
				director. Requests to photograph the collections must be made in writing to the
				appropriate bureau, which will issue a permit if permission is granted. Items
				to be photographed will be handled and accompanied at all times by a curator.
				Under no circumstances may an object from the collections be removed from the
				museum complex to be photographed without curatorial supervision.
C. The museum of New Mexico retains all
				rights to publication of historic photographs and photographic images in its
				collections. Although these rights may be assigned, photographing collection
				items does not automatically imply permission to reproduce or publish such
				materials.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 51 - MUSEUM OF NEW MEXICO › Part 25 - POLICY ON COPYRIGHTS, CREDITS AND REPRODUCTIONS › Section 4.51.25.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Office of Cultural Affairs, Museum Division (Museum of New
				  Mexico).
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 51 - MUSEUM OF NEW MEXICO › Part 25 - POLICY ON COPYRIGHTS, CREDITS AND REPRODUCTIONS › Section 4.51.25.8 - POLICY ON COPYRIGHTS, CREDITS AND REPRODUCTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The museum of New Mexico will comply with
				the Federal Copyright Law and uphold the rights of authorship as recognized
				therin. All copyrights derived from the collections shall be obtained in the
				name of The museum of New Mexico. The museum presumes it has copyright to all
				collection items acquired prior to 1978 unless such rights were expressly
				reserved by the donor or seller. Use of unrestricted items may be granted,
				licensed or sold to others, but credit to the Museum must accompany all such
				use unless otherwise stipulated by written agreement. Requests for reproduction
				of copyrighted material should be referred to the associate director or chief
				of the appropriate bureau for approval.
B. The manufacture and sale or reproduction
				of both copyrighted and non-copyrighted items in the collections is a way of
				insuring wider public awareness of those collections and should be fostered by
				the museum. The director shall have the authority to license the manufacture
				and sale of reproductions and shall also insure the accuracy and
				appropriateness of these items, the manner in which they are advertised and the
				conditions under which they are sold.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 51 - MUSEUM OF NEW MEXICO › Part 28 - POLICY ON COMMERCIAL USE OF MUSEUM COLLECTIONS AND FACILITIES › Section 4.51.28.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Office of Cultural Affairs, Museum Division (Museum of New
				  Mexico).
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 51 - MUSEUM OF NEW MEXICO › Part 28 - POLICY ON COMMERCIAL USE OF MUSEUM COLLECTIONS AND FACILITIES › Section 4.51.28.8 - POLICY ON COMMERCIAL USE OF MUSEUM COLLECTIONS AND FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Use of museum of
				New Mexico collections and facilities for commercial purposes shall not be
				encouraged and will be allowed only when carefully, controlled and monitored by
				museum staff. Permission for commercial use of museum collections and
				facilities must be obtained from the associate director of the appropriate
				bureau and the director, museum of New Mexico. Use of museum objects will be
				permitted only upon written recommendation from the responsible curator, who
				will accompany the objects during their use. A prior letter of intent and proof
				of adequate insurance against damages are also required.
B. Utilization of museum facilities must not
				result in permanent alteration to grounds or structures. Facilities must be
				returned to their prior condition after use, and the user will be responsible
				for all cleaning and repairs. Every effort should be made to avoid disrupting
				normal visitor access.
C.
				Commercial media productions must not distort the purposes or historical
				integrity of the museum and its collections. Permission to use objects and
				facilities will be withdrawn by the director if the museum is compromised in
				any manner. No object, exhibit or structure will be used in promotion of a
				product or service that implies endorsement by the state or the museum of New
				Mexico.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 51 - MUSEUM OF NEW MEXICO › Part 29 - POLICY ON DEACCESSION OR REMOVAL OF MUSEUM OBJECTS (REPEALED) › Section 4.51.29.8 - POLICY ON DEACCESSION OR REMOVAL OF MUSEUM OBJECTS (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 51 - MUSEUM OF NEW MEXICO › Part 31 - POLICY ON LOSSES AND DAMAGE TO MUSEUM COLLECTIONS (REPEALED) › Section 4.51.31.8 - POLICY ON LOSSES AND DAMAGE TO MUSEUM COLLECTIONS (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 51 - MUSEUM OF NEW MEXICO › Part 50 - PRIVATE AND NONPROFIT USE OF MUSEUM FACILITIES › Section 4.51.50.8 - PRIVATE AND NON-PROFIT USE OF MUSEUM FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The museum of New Mexico encourages use of
				its auditoriums and other public facilities by non-profit organizations and
				private groups to conduct public programs of broad interest for the general
				public. Private use of the facilities shall be approved only if there is no
				conflict with the museum's scheduling of other public programs or events and
				its daily operation and personnel requirements. A fee will be charged for
				public and private use. A set fee schedule, including a sliding scale rate, and
				standardized contract will be established, used and reviewed by each museum and
				state monuments unit and will be approved annually by the director of the
				museum of New Mexico.
B. For both
				public and private use, it is understood that the operational requirements of
				the museum, the security and maintenance of its buildings, exhibitions and
				collections shall be given first consideration. Because space is limited,
				preference shall always be given to programs that are museum-related or that
				are of educational or cultural value.
C. All requests to use the public facilities
				of the museum of New Mexico must be approved in writing by the associate
				director responsible for the buildings in which the facilities are located.
				Series programs - that is, a scheduled sequence of four or more programs by the
				same group or organization within a period of six months - require the approval
				of the appropriate associate director and the director of the museum of New
				Mexico.
D. Application for use of
				the museum of New Mexico facilities or for museum sponsorship, setting forth
				specific details of the proposed use in writing, must be made not less than
				twenty-one days in advance. Applications shall be handled on a first come,
				first serve basis. Users must sign an agreement form with the museum.
				Permission, if granted, shall not create a vested lease or tenure in such
				use.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 51 - MUSEUM OF NEW MEXICO › Part 50 - PRIVATE AND NONPROFIT USE OF MUSEUM FACILITIES › Section 4.51.50.9 - CATEGORIES OF PERMITTED USE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Museum use: This category includes activities developed and presented to the
				public by the staff of the museum or formally affiliated groups or individuals,
				with or without an admission charge.
B. State agencies use: This category includes
				activities sponsored and presented by other state agencies as part of their
				professional duties, such as a meeting. Use will be granted only if the space
				and personnel are available. The museum may waive the rental fee, but it is
				understood that the user shall be responsible for payment of the guard and any
				other special or required fees.
C.
				Co-sponsored use: This category includes activities developed and presented by
				the museum of New Mexico staff in collaboration - that is, museum staff
				actively works to develop an activity - or in conjunction - that is, museum
				staff works to implement a developed activity - with groups outside the
				museum.
D. Public and private use:
				This category includes activities presented by groups not affiliated with the
				museum of New Mexico.
(1) Public and private
				uses permitted under this category include, but are not limited to, concerts,
				performances, meetings, conventions, conferences, receptions, lectures, and
				other educational and cultural presentations that are either directly or
				indirectly related to museum's interests and purposes.
(2) All requests under this category will be
				considered and evaluated in relation to other events and museum functions
				already planned, and the availability of personnel, such as guards and other
				supervisory staff when needed. A request may be rejected if the proposed use
				would overburden the staff of the museum unit that is being requested for use.
				Fees under this category will be charged according to an established rate
				schedule, and the costs of all personnel services will be borne by the
				sponsoring agent. The associate director of that unit may, however, elect to
				waive rental fees if the sponsoring agent is a non-profit organization and the
				planned programs significantly enhance the programs and activities of the
				museum. A waiver of fees will not constitute sponsorship by the museum, unless
				specifically stated or granted.
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 4.51.57.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Department of Cultural Affairs and Museum of New Mexico Board
				  of Regents.
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 4.51.57.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Museum of New Mexico, palace of the governors state history
				  museum division and program applicants and participants.
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 4.51.57.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Subsection E of Section
				  9-4A-6
				  NMSA 1978 of the Cultural Affairs Department Act authorizes the secretary of
				  the department of cultural affairs to make and adopt such reasonable procedural
				  rules as necessary to carry out the duties of the department and its divisions.
				  Subsections G and I of Section
				  18-3-3
				  NMSA 1978 authorize the board of regents to adopt such rules as may be
				  appropriate to carry out the provisions of its statutory powers and duties,
				  including the duty to cooperate with individuals to the extent necessary to
				  establish and maintain the museum and its programs.
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 4.51.57.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
12/27/2018, unless a later date is cited at the end of a
				  section.
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 4.51.57.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to govern and regulate the
				  operation of the program, including the quality and authenticity of items
				  offered for sale on the portal of the museum. These rules are not in any way an
				  assumption of responsibility by the division, the board of regents, or the
				  secretary of the department of cultural affairs for the actions or
				  representations made by participants.
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 4.51.57.8 - RESOLUTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Whereas, the
				presence of Native American artists and artisans at the museum is an integral
				part of the history, tradition and function of the museum; and
B. Whereas, the museum of New Mexico has
				determined that reserving the museum portal for the display and sale of New
				Mexico Native American products not only helps preserve traditional aspects of
				New Mexico Native American culture but is also educational to the visiting
				public because it provides the public the opportunity for contact with New
				Mexico Native American artists and artisans in a historically relevant
				context;
C. Now, therefore, be it
				resolved by the board of regents and the secretary of the department of
				cultural affairs that the display and sale of handmade Native American art at
				the museum shall be governed as described in these rules.
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 4.51.57.9 - ADMINISTRATION OF THE PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The director shall designate a coordinator in consultation with the portal
				committee. The director or coordinator shall oversee the program in
				consultation with the portal committee. The portal committee, director, or
				coordinator may request the assistance of the Indian affairs department, the
				all-pueblo governor's council, the museum of Indian arts and culture, and other
				tribal entities of New Mexico.
(1) The
				coordinator shall serve as liaison between the participants, and the division
				and director in conjunction with the portal committee.
(2) The coordinator shall maintain the
				official records and files of the portal program including participant files
				and applications, demonstration reports, correspondence, forms, and financial
				records. Official records and files are the property of the division. The
				portal committee shall have access to files of the portal program.
(3) The portal committee with the coordinator
				may develop and schedule educational activities and events and perform other
				duties as assigned by the director.
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 4.51.57.10 - PARTICIPANT QUALIFICATIONS AND APPLICATION PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Qualification.
(1) To qualify as a participant artist in the
				program, an individual shall be 18 years of age or older, shall be Native
				American and shall be from a federally recognized tribe or pueblo of New
				Mexico.
(2) The director may, after
				consulting with the portal committee, allow in writing for a waiver of the
				requirement that a participant be a member of a New Mexico pueblo or tribe
				subject to such conditions as the director deems appropriate. The director, in
				consultation with the portal committee, shall issue such waivers in writing and
				grant them only to Native Americans when a waiver is consistent with the
				purpose of the program to present and preserve the historic Native American
				cultures of New Mexico.
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 4.51.57.11 - THE PORTAL COMMITTEE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Purpose. The portal committee shall be composed of up to ten active members and
				four alternates, who shall be appointed and elected pursuant to this section.
				The purpose of the portal committee includes, but is not limited to, monitoring
				the daily operations of the program for compliance with these rules, evaluating
				applications, and presenting participants' concerns and issues to the
				coordinator. In order to ensure diversity and broad representation, the portal
				committee shall be comprised of representatives from not less than five tribes
				or pueblos.
B. Selection.
(1) At the annual meeting, the director or
				coordinator shall oversee the election of new portal committee members and
				officers.
(2) Participants shall
				elect 14 participants who are present at the annual meeting to be portal
				committee members and alternates. Subject to Subsection A of
				4.51.57.11
				NMAC, the 10 participants who receive the highest number of votes shall be
				members of the portal committee. The four participants who receive the highest
				number of votes after the members of the portal committee have been selected
				shall serve as alternates.
(3) The
				membership shall elect three officers (chair, vice-chair, and secretary). The
				director or coordinator shall accept nominations from the floor for portal
				committee officers. The director shall close the nominations at the director's
				discretion. In the case of a tie, the coordinator shall break the
				tie.
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 4.51.57.12 - MEETINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Annual Meeting.
				The purpose of the annual meeting is to give participants an opportunity to
				express issues of concern and to make recommendations regarding the program to
				the director.
(1) The annual meeting shall be
				held on a day in October, at a place to be provided by the division. The annual
				meeting shall be open to the public, and the coordinator should announce the
				meeting at least 30 days in advance.
(2) The director shall chair the annual
				meeting and shall work directly with the portal committee in the conduct of the
				meeting.
(3) The program shall not
				be conducted during the annual meeting, but shall open when the annual meeting
				is officially adjourned.
(4) Only
				participants with an identity badge and who are in good standing and in
				attendance at the annual meeting may cast a vote on matters taken to vote,
				including the election of the portal committee pursuant to
				4.51.57.11
				NMAC.
(5) If revisions to these
				rules are proposed, the portal committee and the coordinator shall make copies
				of the existing and proposed rules available for explanation and
				discussion.
(6) Rule proposal
				suggestions will be brought to and discussed with the portal committee prior to
				any draft compilation that is presented to the membership for
				consideration.
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 4.51.57.13 - DAILY OPERATION

Current through Register Vol. 35, No. 13, July 16, 2024
Within the program area defined below, the division permits
				  a program involving the daily sales of Native American handmade products by
				  qualified participants, subject to the following conditions. All participants
				  are subject to all rules and conditions starting at 7:00 a.m.
A. Program area. The participants shall
				conduct the program upon the brick surface area under the portal that extends
				four feet from the southern wall of the museum and in between the plane of the
				eastern wall and the plane of the western wall of the same.
(1) The program shall not use the area
				extending west seven feet across from the museum's main entrance.
(2) During times of repair to the portal
				area, peak sales, or other circumstances, the director or coordinator may
				designate supplemental or alternate selling locations within the perimeter of
				the museum.
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 4.51.57.15 - RULE VIOLATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Disciplines. The portal committee, duty officer, and coordinator shall consider
				the circumstances surrounding a reported rule violation, such as the severity
				of the violation, the number of times the violation has occurred, and any
				previous violations, to determine the appropriate discipline. If the
				coordinator determines that a violation of these rules likely occurred, the
				coordinator shall issue a verbal warning, written reprimand, or notice of
				contemplated suspension or termination from the program portal committee.
(1) If the coordinator issues a written
				reprimand to a participant, the participant may respond in writing and the
				coordinator shall retain that response in the participant's file.
(2) If the coordinator issues a written
				notice of contemplated suspension or termination from the program, or removal
				from the portal committee, the coordinator shall mail a copy to the
				participant's address on file or hand deliver the notice to the participant.
				The notice shall document the contemplated penalty; the effective date(s); the
				conduct or other basis for the disciplinary action; reference to the relevant
				provision of these rules; any previous incidents or efforts to inform the
				participant of the need for change or improvement; and the process and time
				limitations for presenting exculpatory evidence or mitigating
				circumstances.
(3) A participant
				may present exculpatory evidence or mitigating circumstances during the portal
				committee's next meeting. The coordinator shall make a record of the meeting in
				the form of an audio recording, transcript, or neutral third-party
				report.
(4) After the meeting, the
				portal committee may determine a participant's suspension or termination from
				the program or a portal committee member's removal from the portal
				committee.
(5) If the portal
				committee suspends or terminates a participant from the program or removes a
				portal committee member from the portal committee, the coordinator shall issue
				written notice of the penalty by mailing a copy to the participant's address on
				file or hand delivering the notice to the participant, along with written
				findings of fact, and the process and time limitations for appealing the
				discipline.
(6) Written notices of
				verbal warnings, reprimands, or suspensions shall remain in a participant's
				file indefinitely, subject to records retention requirements. Termination
				notices shall remain in a participant's file indefinitely, subject to records
				retention requirements.
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 4.51.57.16 - AUTHENTICITY AND QUALITY STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. General Criteria:
(1) Participants shall accurately represent
				the materials and origins of all products and shall accurately identify the
				creator of all products and the methodology used to create all
				products.
(2) Generally prohibited
				materials: No participant shall use any reconstituted materials; color-shot,
				pre-drilled, semi-precious stones; imported heishi; or, pre-carved pieces in
				any jewelry exhibited or offered for sale under the portal.
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 4.51.57.17 - PORTAL CODE OF CONDUCT

Current through Register Vol. 35, No. 13, July 16, 2024
Participants shall not:
A. require or accept any gifts, favors, or
				loans from anyone with whom the participant is involved in any manner in the
				course of the participant's duties that are conditioned upon promised
				performance of portal committee member or participant duties;
B. use any information obtained through or
				during the participant's or portal committee member's term for the
				participant's, member's or another's private financial gain;
C. use any equipment, property, or supplies
				belonging to the state of New Mexico for personal purposes;
D. alter official documents of the program
				with the intent to defraud portal committee members or the division;
E. tamper with program files, official
				documents or records, including removing or destroying files, documents or
				records from the program's office or computer, or from the program archives or
				the museum;
F. mishandle,
				misappropriate, or divert for personal use any funds raised by the program or
				portal committee or through activities sponsored or sanctioned by the
				museum;
G. falsify any program
				documents whatsoever;
H. possess,
				use, sell, or purchase any forbidden items while engaged in portal committee or
				program activities, including firearms, illegal drugs, or stolen property;
				or
I. engage in any other
				unprofessional conduct that is inconsistent with the interests of the program,
				the museum or the department of cultural affairs.
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 4.51.57.18 - JEWELRY FINDINGS

Current through Register Vol. 35, No. 13, July 16, 2024
All jewelry must be as traditional and handmade as possible.
				  Jewelry "findings" (as defined by NMSA 1978, Section 30-33-3(H), of the Indian
				  Arts and Crafts Sales Act means "an ingredient part of a product which adapts
				  the product for wearing or display, including silver beads, leather backing,
				  binding material, bolo tie clips, tie bar clips, tie tac pins, earring pins,
				  earring clips, earring screw backs, cuff-link toggles, money clips, pin stems,
				  combs and chains." Accepted findings used on jewelry sold at the portal shall
				  be the following:
A. Sterling silver
				findings: All neck chains; all jump rings; all spring rings; all tie-on hooks
				and eyes; all crimp type hook and eye earring part; all screw-on,
				clip-on-types; all ear wire types; all ear posts, ear nuts; omega clips; all
				cuff link and components; all necklace cones; all bola tips; all bench made
				beads (2 mm to 9 mm seamless are acceptable); all size money clips; surgical
				wire for earrings; all size melon beads; bezel cups in all sizes and shapes
				from 2 mm to 5 mm.
B. Nickel or
				base metal findings: All size buckles backs; all bola backs; all foxtail and
				tigertail; all concho backs; all key rings including split rings; all barrel
				catches including eyeglass/chain attachments; all tie tacks, sets and clutches
				(backs); all scarf pins (stick pins) backs; all pin bars and pinsets (backs);
				all barrette backs; all tie bar slides; all alligator clips; all expansion
				centers; all size spring bars; keyholders (safety pins), large and medium
				sizes; all size money clips; wire used in "memory bracelets". Surgical steel is
				permitted in wire post earrings.
C.
				14K gold findings: All ear posts and nuts; joint catches; jump rings; spring
				rings; bola backs; bola tips; necklace cones; all size cones.
D. Gold filled findings: All posts and nut
				sets; all French wire styles; all hooks and eyes; all spring rings; all size
				jump rings; all neck chains; all beads; all tie tack backs; all bola tips; all
				ear clips; stick pins and clutches; all size cones.
E. Red brass or brass findings: All buckle
				backs; all key ring backs; all concho backs; all bola backs; all bola tips; all
				hooks and eyes; all brass beads; all size money clips.
F. Leather findings: All size straps for
				concho belts; all size braided bola cords. Vinyl bola cords are
				permitted.
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 4.51.57.19 - BEADWORK

Current through Register Vol. 35, No. 13, July 16, 2024
A. Permitted
				beadwork materials: On beadwork offered for sale under the portal, the
				beadworker must have made the silver, brass or any other metal which has been
				incorporated with beadwork into the final product. The following materials
				shall be permitted: all size glass beads; brass beads; all types of legal
				feathers; all types of leather; porcupine quills (natural color only); genuine
				natural bone hair pipes; genuine natural bone disc beads, detail shells and
				lead crystals.
B. Beadwork
				findings: Because beadwork is a totally different craft from silversmithing,
				the following findings shall be permitted when incorporated into beadwork
				items: buckle backings (blanks); barrette backings; bolo backings; sterling
				silver bolo tips; sterling silver, aluminum and tin cones for fringe dangles
				only metal spots of nickel or brass; barrel screw clasps; hooks and eyes;
				spring rings; crimp beads; eye pins and head pins; jump rings; split key rings;
				tie tack mounts; tiger tail, all earring findings.
C. Prohibited beadwork materials: The
				following materials shall not be permitted when incorporated into beadwork:
				plastic bone hair pipe; pre-cut, pre-shaped, and abalone disk.
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 4.51.57.20 - POTTERY

Current through Register Vol. 35, No. 13, July 16, 2024
A. All pottery
				shall be handmade of earth clay from sources on the participant's reservation,
				and fired using traditional materials. Clay sources other than the
				participant's reservation may be approved in writing from the director of the
				palace of the governors.
B. All
				pottery shall be engraved before firing.
C. All pottery may be hand painted in natural
				mineral paints, poster paint colors, or bright acrylic color paints.