51,436 sections across 3,184 New Mexico regulatory chapters.
R.9.4.21-9.4.21.6 OBJECTIVE
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The objective of this rule is establish standards for the provision of guardianship services to income and resource eligible incapacitated adults who are residents of the state of New Mexico, when there are no lesser forms of intervention, such as a power of attorney or surrogate…
R.9.4.21-9.4.21.7 DEFINITIONS
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Unless defined below, terms used in 9.4.21 NMAC correspond to those defined in NMSA 1978, Section 45-5-101(2009), NMSA 1978, Section 45-1-201 or in NMSA, 1978, Section 43-1-15. The following words and terms when used in this part shall have the following meanings unless the conte…
R.9.4.21-9.4.21.8 ELIGIBILITY
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A. The alleged incapacitated person must be eighteen (18) years old to qualify for services from the NMDDPC office of guardianship. B. The alleged incapacitated person must be financially and otherwise eligible for medicaid or a similar public benefit. C. For a guardianship where…
R.9.4.21-9.4.21.9 PRIORITIZATION OF SERVICE
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A. In general, service will be provided based on the date of application. B. When service requests exceed capacity, funding or resources, individuals in the categories noted in Subparagraph C below will be prioritized to receive the first available services, as appropriate. C. Pr…
R.9.4.5-9.4.5.1 ISSUING AGENCY
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New Mexico Commission for the Blind.
R.9.4.5-9.4.5.12 STATE LICENSING AGENCY ORGANIZATION
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A. Organization and operation of the state licensing agency: (1) The state licensing agency (SLA) shall: (a) cooperate with the commissioner in applying the requirements of the Randolph-Sheppard Act in a uniform manner; (b) take effective action to carry out full responsibility f…
R.9.4.5-9.4.5.15 LICENSED MANAGERS
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A. Licensing requirements for operating a business enterprise. (1) Definition of license: A license is a written instrument issued by the SLA to a qualified licensed manager, authorizing such person to operate a vending facility on federal or other property (34 CFR 395.1). (2) Is…
R.9.4.5-9.4.5.18 VENDING FACILITY EQUIPMENT AND INITIAL STOCK
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A. Purpose: The SLA is responsible for furnishing each vending facility with essential equipment, initial stocks of merchandise and petty cash necessary for the establishment and operation of such facility. The right, title to, and interest in the SLA furnished equipment in each …
R.9.4.5-9.4.5.2 SCOPE
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Legally blind licensed managers and applicants.
R.9.4.5-9.4.5.21 SET-ASIDE FUNDS
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A. Purpose:The SLA shall set-aside funds as described in "Sources of Set-Aside Funds" for purposes described in "Uses of Set-Aside Funds." The licensed managers have recommended a set aside fee of net proceeds, as indicated on the monthly report form (see Appendix 9, BEP Procedur…
R.9.4.5-9.4.5.24 LIMITATION ON AND DISTRIBUTION OF LICENSED MANAGER INCOME FROM VENDING MACHINES IN DIRECT COMPETITION
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A. Purpose - limitation on vending machine income (commissions): (1) Vending machine income from vending machines on federal property, that has been disbursed to the SLA by a property managing department, agency or instrumentality of the United States under the vending machine in…
R.9.4.5-9.4.5.27 LICENSED MANAGER BENEFITS
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A. Purpose:Describe benefits available to qualified licensed managers in the state's business enterprise program. Rates for benefits described below are contained in Appendix R. B. Health insurance:The SLA, in consultation with the committee of licensed managers, makes available …
R.9.4.5-9.4.5.3 STATUTORY AUTHORITY
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Section 22-14-24 to Section 22-14-29 NMSA 1978, "Horace DeVargas Act," authorizes the New Mexico commission for the blind to establish, maintain and operate a vending stand program for legally blind persons under the auspices of the "Randolph-Sheppard Act," Public Law 74-732 as a…
R.9.4.5-9.4.5.30 ACCESS TO PROGRAM AND FINANCIAL INFORMATION
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A. Purpose:To provide reasonable access by each manager to program and financial data of the SLA relevant to the operation of the state vending facility program, including quarterly and annual financial reports, provided that such disclosure does not violate applicable federal or…
R.9.4.5-9.4.5.33 ASSIGNMENT, TRANSFER AND PROMOTION OF LICENSED MANAGERS
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A. Purpose:To provide guidelines for the assignment of licensed managers to specific business enterprises. B. Ready-for-assignment list: (1) All blind persons who have successfully completed training and other requirements as stated in Subsection 12.2.6 of this rule [now Paragrap…
R.9.4.5-9.4.5.36 OPERATING AGREEMENT BETWEEN STATE LICENSING AGENCY AND LICENSED MANAGER
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A. Purpose:The SLA shall develop, with the active participation of the state committee of licensed managers, an operating agreement which shall be entered into between the SLA and each manager. The operating agreement (see Appendix B) [now 9.4.5.40 NMAC] shall contain the terms a…
R.9.4.5-9.4.5.39 APPENDIX A: VENDING FACILITY PROGRAM LICENSE
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APPENDIX A STATE OF NEW MEXICO COMMISSION FOR THE BLIND VENDING FACILITY PROGRAM LICENSE The New Mexico commission for the Blind as the State Licensing Agency for the Randolph-Sheppard Vending Facility Program hereby awards to ____________________________________________________ …
R.9.4.5-9.4.5.4 DURATION
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Permanent.
R.9.4.5-9.4.5.40 APPENDIX B: OPERATING AGREEMENT
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APPENDIX B OPERATING AGREEMENT THIS AGREEMENT entered into this _________ day of ______________, _____ by and between the NEW MEXICO COMMISSION FOR THE BLIND (State Licensing Agency), hereinafter referred to as the COMMISSION and ________________________________, licensed by the …
R.9.4.5-9.4.5.41 APPENDIX C: PERMIT FOR VENDING FACILITY ON FEDERAL PROPERTY
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APPENDIX C PERMIT FOR THE ESTABLISHMENT OF A VENDING FACILITY ON FEDERAL PROPERTY AS AUTHORIZED BY PUBLIC LAW 74-732, AS AMENDED BY PUBLIC LAW 83-565 AND TITLE II OF PUBLIC LAW 93-516 (RANDOLPH-SHEPPARD ACT) The New Mexico Commission for the Blind of the State of New Mexico reque…
R.9.4.5-9.4.5.42 APPENDIX D: PERMIT FOR VENDING FACILITY ON STATE PROPERTY
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APPENDIX D PERMIT FOR THE ESTABLISHMENT OF A VENDING FACILITY ON STATE PROPERTY AS AUTHORIZED BY SECTIONS 22-14-24 THROUGH 22-14-29 NMSA 1978: This Agreement is between the commission for the Blind Vending Facility Program (hereinafter "CB"), the Property Control Division, Genera…
R.9.4.5-9.4.5.5 EFFECTIVE DATE
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April 15, 1997, unless a later date is cited at the end of a section or paragraph.
R.9.4.5-9.4.5.6 OBJECTIVE
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Provide uniform policies for the administration of the business enterprise program operated by the state licensing agency (SLA), including: A. establish and equip business enterprise program facilities in a satisfactory manner to provide employment opportunities to qualified lega…
R.9.4.5-9.4.5.7 DEFINITIONS
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The following words or terms, when used in this document, shall have the following meaning, unless the context clearly states otherwise. A. Definitions: "A": (1) "Acquired stock" means that stock in which the licensed manager has accrued equity through personal acquisition of the…
R.9.4.5-9.4.5.8 PROMULGATION OF BUSINESS ENTERPRISE PROGRAM POLICIES
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A. Rules and procedures, that is, the policies governing the administration of the business enterprise program are developed and maintained in accordance with the Randolph-Sheppard Act [20 U.S.C. Section 107 et seq.], the Rehabilitation Act [ 29 U.S.C. 31 - 42 ] and the Horace De…
R.9.4.5-9.4.5.9 POLICY OF NON-DISCRIMINATION
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A. The state licensing agency assures that it shall not exclude from participation, deny the benefits of the program, or otherwise subject any person to discrimination because of the person's gender, age, physical or mental impairment, religion, race, creed, national origin or po…
R.9.4.7-9.4.7.1 ISSUING AGENCY
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New Mexico Commission for the Blind.
R.9.4.7-9.4.7.12 APPENDIX 1: COMMISSION FOR THE BLIND BUSINESS ENTERPRISE PROGRAM; PREREQUISITES FOR BEP TRAINING PROGRAM
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Appropriate diagnostic and evaluation reports ___ Current general physical examination ___ Current eye exam (must be legally blind) ___ Current psychological evaluation, if indicated ___ Completion of personal adjustment training, if indicated ___ Good general health and stamina …
R.9.4.7-9.4.7.13 APPENDIX 2: APPLICATION FOR BEP EMPLOYMENT
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New Mexico commission for the blind: Business Enterprise Program Manager PERA Building, Room 553 Santa Fe, NM 87503 (505) 827-4479 Notice to Applicants: Federal and State law requires that all applicants be considered without regard to race, color, gender, age, national origin, r…
R.9.4.7-9.4.7.14 APPENDIX 3: COMMISSION FOR THE BLIND BUSINESS ENTERPRISE PROGRAM MEMORANDUM
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TO: ALL LICENSED MANAGERS FROM: Christina Nieto, BEP Manager SUBJECT: Facility Bid Notice DATE: The vending facility at ________________________________________ (describe location of facility) is now available for bidding. The operating hours of the facility will be _____________…
R.9.4.7-9.4.7.15 APPENDIX 4: ASSIGNMENT, TRANSFER OR PROMOTION; EVALUATION CRITERIA
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Name of Applicant: ___________________ Date: ______________ Seniority (state number of years and months of seniority of applicant as defined in Section 3): ________________ Name of Evaluator: ________________________________________ Criteria Points _______________________________…
R.9.4.7-9.4.7.16 APPENDIX 5: COMMISSION FOR THE BLIND BUSINESS ENTERPRISE PROGRAM
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MEMORANDUM TO: Executive director FROM: Christina Nieto, BEP Manager SUBJECT: Recommendation for Award of Facility DATE: The following applicants applied for _____________________________________________ facility (state location of facility). Their bids were received by the speci…
R.9.4.7-9.4.7.17 APPENDIX 6: COMMISSION FOR THE BLIND BUSINESS ENTERPRISE PROGRAM
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MEMORANDUM TO: FROM: Executive director SUBJECT: Facility Award DATE: I am pleased to inform you that you have been selected to operate the vending facility at ________________________________ (state location of facility). The facility is scheduled to open on ____________________…
R.9.4.7-9.4.7.18 APPENDIX 7: COMMISSION FOR THE BLIND BUSINESS ENTERPRISE PROGRAM
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MEMORANDUM TO: FROM: Executive director SUBJECT: Selection Announcement DATE: I wish to thank you for bidding on the vending facility located at __________________________ (state location of facility). I regret to inform you that you were not selected to operate this facility. I …
R.9.4.7-9.4.7.19 APPENDIX 8: COMMISSION FOR THE BLIND BUSINESS ENTERPRISE PROGRAM
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OPERATING FUND AGREEMENT I hereby agree that on this date ________________ my beginning operating fund was $_____________,consisting of $___________ of petty cash and $____________ of initial stock. VENDING FACILITY # ______________ LICENSED MANAGER ________________________ LOCAT…
R.9.4.7-9.4.7.2 SCOPE
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Legally blind licensed managers and applicants.
R.9.4.7-9.4.7.20 APPENDIX 9: COMMISSION FOR THE BLIND BUSINESS ENTERPRISE PROGRAM
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1. Report for the Month of _________________ 2. Facility Number: ______________________ 3. Manager's Name: ______________________ 4. Number of Employees: _________ 5. Cash Sales from Operations (Including Tax) $________ 6. Other Income (Vending Machines) $________ 7. Total Income…
R.9.4.7-9.4.7.21 APPENDIX 10: COMMISSION FOR THE BLIND BUSINESS ENTERPRISE PROGRAM REVIEW OF LOCATION
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Location________________ Stand No._________ Date ______________Licensed Manager's Name _______________________ (Check applicable items only) Very Standard Improvement Good Needed 1. GENERAL APPEARANCEa. Floor ................ ( ) () () b. Walls and ceilings () () () c. Counters..…
R.9.4.7-9.4.7.22 APPENDIX 11: COMMISSION FOR THE BLIND BUSINESS ENTERPRISE PROGRAM
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DAILY REPORT DAY_________________ Pennies________________ Nickels________________ Dimes_________________ Quarters_______________ Other________________ TOTAL________________ =================================================================== Ones_________________ Fives____________…
R.9.4.7-9.4.7.23 APPENDIX 12: COMMISSION FOR THE BLIND BUSINESS ENTERPRISE PROGRAM
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MERCHANDISE INVENTORY Quantity Description X Extensions Price Unit Cost Amount Forward
R.9.4.7-9.4.7.24 APPENDIX 13: COMMISSION FOR THE BLIND BUSINESS ENTERPRISE PROGRAM
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APPLICATION FOR LEAVE Licensed Manager Name:___________________ Facility No.______ Date________ ________________________________________________________________________________________ Type of Leave: _____ ANNUAL START DATE______ ENDING DATE_____TOTAL HOURS_____ _____*SICK START …
R.9.4.7-9.4.7.25 APPENDIX 14: COMMISSION FOR THE BLIND BUSINESS ENTERPRISE PROGRAM
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PLAN FOR IMPROVEMENT DATE Performance Deficiency #1: _______________________________________________________________________________________ _______________________________________________________________________________________ ___________________________________________________…
R.9.4.7-9.4.7.26 APPENDIX 15: COMMISSION FOR THE BLIND BUSINESS ENTERPRISE PROGRAM
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ACKNOWLEDGEMENT FORM I, ______________________________________, have received copies (Licensed Manager's name) of 1. the Commission for the Blind's Vending Program Rules and Regulations, ____________________________ 2. the Operating Agreement for the facility to which I have been…
R.9.4.7-9.4.7.27 APPENDIX 16: COMMISSION FOR THE BLIND BUSINESS ENTERPRISE PROGRAM
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BENEFITS SCHEDULE Effective July 1, 1997 Sick Leave * $6.00 per hour Vacation Pay Rate $6.00 per hour Displaced Manager Benefit $200.00 per month Fair Minimum Return Maximum Amount $200.00 per month * Any request for five days or more of sick leave must be accompanied by release …
R.9.4.7-9.4.7.28 APPENDIX 17: COMMISSION FOR THE BLIND BUSINESS ENTERPRISE PROGRAM
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FACILITY VISIT SUMMARY Location__________________________________ Date__________________ Licensed Manager's Name_____________________________________________________________________ Purpose of Visit:______________________________________________________________________________ __…
R.9.4.7-9.4.7.3 STATUTORY AUTHORITY
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Sections 22-14-24 to 22-14-29 NMSA 1978, "Horace DeVargas Act," authorizes the New Mexico commission for the blind to establish, maintain and operate a vending stand program for legally blind persons under the auspices of the "Randolph-Sheppard Act", Public Law 74-732 as amended …
R.9.4.7-9.4.7.4 DURATION
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Permanent.
R.9.4.7-9.4.7.5 EFFECTIVE DATE
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April 15, 1997, unless a later date is cited at the end of a section or paragraph.
R.9.4.7-9.4.7.6 OBJECTIVE
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Provide uniform procedures for the assessment, training, and selection of licensed managers in the business enterprise program. Provide uniform forms for routine business enterprise program functions.
R.9.4.7-9.4.7.7 DEFINITIONS
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Terms used in this document are defined in the Business Enterprise Program Policies for Blind Vendors. 9 NMAC 4.5.7 NMAC [now 9.4.5.7 NMAC].