New Mexico Administrative Code

No party or its attorney shall engage in ex parte communications regarding a pending determination with any hearing officer appointed to preside over an administrative hearing. Likewise, a hearing officer shall not engage in ex parte communications on any matter to which that hea…

A. Counties requesting a determination from the state board of finance that a proposed county industrial revenue bond project will not directly or substantially compete with an existing business or enterprise located within the boundaries of the county or within five miles of the…

A. Section 4-59-15 NMSA 1978 provides that if any representative of an existing business or enterprise located within the boundaries of the county or within five miles of the proposed county industrial revenue bond project alleges, in a written complaint filed with the county gov…

Permanent.

December 15, 2015, unless a later date is cited at the end of a section.

A. The board finds that increased economic competition, wages, and demand for labor are positive outcomes of economic development incentives, including industrial revenue bonds. Therefore, the board will exercise its authority to determine whether direct or substantial competitio…

A. "Administrative hearing" means a public hearing for which notice and an opportunity to be heard are provided prior to the board's consideration and issuance of the determinations contemplated by this rule. Administrative hearings under this rule do not require that the parties…

A. A county with which a complaint has been filed pursuant to Section 4-59-15 NMSA 1978 shall submit the following to the board to request the board to make a determination: (1) a cover letter stating the action requested from the board; (2) a copy of the complaint filed with the…

When state-owned property must be taken and the state defendant in whom title is vested does not concede that the purpose for which the property is sought is the greater public need, the state entity that seeks to take the property may submit the following to the board to request…

State Board of Finance.

A. To ensure that the state board of finance will have sufficient information to review capital expenditures at New Mexico's educational institutions, the following must be submitted to the board after the higher education department has approved the request:(1) a description of …

To ensure that the project actually constructed will be substantially the same as that approved by the higher education department and the state board of finance, any change in the project resulting in a change in the budget of more than ten percent will require separate review a…

All institutions of higher education confirmed by Article 12, Section 11 of the New Mexico Constitution.

Section 21-1-21, NMSA 1978, as amended, which requires prior approval by the higher education department and state board of finance of any expenditure by any state educational institution confirmed by Article 12, Section 11 of the state constitution for the purchase of real prope…

Permanent.

December 23, 2024, unless a later date is cited at the end of a section.

A. Section 21-1-21 NMSA 1978 states: "No expenditure shall be made by any state educational institution confirmed by Article 12, Section 11 of the state constitution for the purchase of real property or the construction of buildings or other major structures or for major remodeli…

For these purposes, "major" is defined as: A. "Appraisal report" for the purpose of real property purchases means a report of an opinion of value conducted by a general certified appraiser and that meets all requirements under the Uniform Standards of Professional Appraisal Pract…

A. All projects that fall under the following categories must be submitted for review by the state board of finance:(1) any purchase of real property; (2) any construction of a new building; (3) any project involving a bond issue which requires state board of finance approval; (4…

A. To ensure that the state board of finance will have sufficient information to review capital expenditures at New Mexico's educational institutions, the following information must be submitted to the board after the higher education department has approved the request: (1) lega…

State Board of Finance

A. All requests for capitol buildings repair funds shall be made to the director, property control division, general services department, 1100 St. Francis Drive, Santa Fe, New Mexico 87501, telephone (505) 827-2141. B. The state board of finance director shall review and recommen…

A. The capitol buildings repair fund may also be used: (1) to contract for options to purchase real estate, such real estate, if purchased, to be put to state use; provided that no more than ten thousand dollars ($10,000) shall be expended for any single option; any money used fo…

Property control division of the general services department and all other agencies that own or use capitol buildings.

Section 15-3B-17, NMSA 1978, as amended, which establishes the capitol buildings repair fund and limitations on the use of money in the fund. Executive Order 2006-001, which establishes energy efficiency green building standards for state of New Mexico executive buildings.

Permanent.

December 5, 1994.

To establish guidelines to be used by the property control division, general services department, in reviewing and recommending expenditures from the capitol buildings repair fund for qualifying state-owned buildings; and seeking authorization from the state board of finance.

A. "Capitol building" is any building, located in Santa Fe, New Mexico, owned by the executive, legislative or judicial branch of state government that is not an income beneficiary from a specific grant of land from the United States congress in the state's enabling act. B. "Capi…

A. The capitol buildings repair fund will only be utilized when the property control division director, upon approval of the state board of finance, determines: (1) that an immediate need or emergency exists or that the expenditure is consistent with an approved schedule of repai…

A. Property control division will report semi-annually to the state board of finance regarding: (1) updated inventory of buildings including an approved check list of conditions; (2) status report of approved projects; (3) proposed schedules of repairs; (4) evidence that projects…

New Mexico Department of Finance and Administration, Local Government Division.

A. In order to receive state funds and be approved by the director, a program administrator shall demonstrate, to the satisfaction of the division, that it meets the criteria below. (1) It shall qualify as a tax-exempt, not-for-profit organization under Sections 501(a) and 501(c)…

The program administrator operating an approved individual development account program shall be required to enter into an account owner agreement containing the following minimum requirements with an eligible individual: A. a provision that the program administrator and account o…

A program administrator operating an approved state individual development account program shall be required to enter into a written governing instrument with an authorized financial institution. The written governing agreement shall provide for: A. the establishment of individua…

A. A program administrator shall apply criteria for minimum and maximum levels of deposit and minimum number of months that may go by without a deposit into the account. These criteria may be determined based upon the circumstances of the population to be served. B. A program adm…

A. To participate as an account owner in an individual development account program approved by the director an individual, at the time of application, shall be a member of a household located in New Mexico whose adjusted gross income is not in excess of 200 percent of the federal…

A program administrator whose individual development account program is approved by the director shall report to the division no later than November 1st of each year. The report shall not identify individual account owners and shall include, but not be limited to: A. the number o…

A. An individual development account program shall be terminated if: (1) the division determines that the individual development account program or program administrator is not operating pursuant to the provisions of the Individual Development Account Act or these rules; (2) the …

A. No eligible individual, as defined by the act and these rules, shall be excluded from participation in, be denied benefits of, or be subjected to discrimination under any activity or program funded in whole or in part with division funds on the grounds of the race, religion, c…

All individual development account program administrators funded pursuant to the Act, state agencies and other stakeholders affected by the rule. The scope of these rules includes, but is not limited to: A. policies concerning the eligible uses for and establishment of individual…

The Individual Development Account Act, Section 58-30-5, NMSA 1978 and Section 9-6-5 Subsection E, NMSA 1978.

Permanent.

04/29/2005 unless a later date is cited at the end of a section.

The Individual Development Account Act (Sections 58-30-1 through 58-30-12 NMSA 1978; being Laws 2003, Chapter 362) established a structure to provide oversight to individual development account programs in New Mexico funded through the act. These rules are designed to: A. identif…

A. "Account owner" means the person in whose name an individual development account is originally established. B. "Act" means the Individual Development Account Act, Sections 58-30-1 through 58-30-12 NMSA 1978. C. "Allowable use" means monies expended from an individual developme…

A. Annually, based on the availability of state funds including administrative costs of program administrators, the division shall solicit requests for proposals from non-profit organizations or tribes interested in establishing or further developing an individual development acc…