51,436 sections across 3,184 New Mexico regulatory chapters.
R.10.10.2-10.10.2.3 STATUTORY AUTHORITY
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NMSA 1978 Section 9-19-6.
R.10.10.2-10.10.2.4 DURATION
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Subject to award by federal agency
R.10.10.2-10.10.2.5 EFFECTIVE DATE
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March 15, 2000 unless a later date is cited at the end of a section.
R.10.10.2-10.10.2.6 OBJECTIVE
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A. The U.S. department of justice, bureau of justice assistance (BJA), under the American Recovery Act of 2009 (Public Law 111-5 (the "Recovery Act") and by 42 U.S.C 37519 a) provides states and units of local government with funds to provide additional personnel, equipment, supp…
R.10.10.2-10.10.2.7 DEFINITIONS
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Reserved
R.10.10.2-10.10.2.8 ELIGIBLE APPLICANTS
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Eligible applicants are limited to local units of government only. A unit of local government is : a town, township, village, parish, city, county, or other general purpose political subdivision of a state; any law enforcement district or judicial enforcement district that is est…
R.10.10.2-10.10.2.9 INELIGIBLE APPLICANTS
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The following jurisdictions are eligible to receive a direct JAG award through BJA; therefore, the following jurisdictions are not eligible to receive funding through the New Mexico department of public safety. A. Acoma tribal police department B. Alamogordo city C. Artesia city …
R.10.10.3-10.10.3.1 ISSUING AGENCY
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Department of Public Safety
R.10.10.3-10.10.3.10 DISTRIBUTION OF FUNDS
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Amounts of pass-through funding will be provided in the notice of funding availability and application packet and shall be as set forth by the U.S. department of justice - bureau of justice assistance. New Mexico may exceed the minimum pass-through amount as set forth by U.S. dep…
R.10.10.3-10.10.3.11 AUTHORIZED PROJECTS/PROGRAM AREAS
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Authorized purpose areas and programs eligible for funding will be further described in the notice of funding availability and application packet.
R.10.10.3-10.10.3.12 APPLICATION REQUIREMENTS
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All applicants for funding under the JAG grant program must adhere to the following procedures. A. Application deadline: All application packets must be received at the grants management bureau, department of public safety no later than the time and date stated in the application…
R.10.10.3-10.10.3.13 APPLICATION FORMAT
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Upon approval of the notice of funding availability (NOFA) and application packet by New Mexico's drug enforcement advisory council, the GMB may release the NOFA and application. Upon release, all applications must follow the format outlined in the current notice of funding avail…
R.10.10.3-10.10.3.14 ALLOWABLE/UNALLOWABLE EXPENSES
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In order to ensure the most efficient and effective use of grant funds, applicants must adhere to the following: All allowable and unallowable expenses will be clearly defined in the notice of funding availability and application packet and shall be in accordance with the current…
R.10.10.3-10.10.3.15 SUPPLANTING
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Federal funds must be used to supplement existing funds for program activities and cannot replace or supplant nonfederal funds that have been appropriated for the same purpose.
R.10.10.3-10.10.3.16 REPORTING AND OTHER REQUIREMENTS
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A. Accountability and transparency: a strong emphasis will be placed on accountability and transparency, it is essential that all funds be tracked, accounted for, and reported. Sub-recipients must be prepared to track and report on the specific outcomes and benefits attributable.…
R.10.10.3-10.10.3.17 RATING CRITERIA
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The rating criteria will be as set forth in the notice of funding of availability and application packet.
R.10.10.3-10.10.3.18 SELECTION PROCESS
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The department of public safety, in conjunction with the drug enforcement advisory council (DEAC), will make a decision on each complete application. The failure of an application to conform to state program priorities, as outlined in the notice of funding availability and applic…
R.10.10.3-10.10.3.19 SUSPENSION AND TERMINATION OF FUNDING
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The state may, after reasonable notice and informal efforts to effect resolution, suspend, in whole or in part, funding for program or project which fails to conform to the requirements of the program or financial regulations and policies or the terms and conditions of its grant …
R.10.10.3-10.10.3.2 SCOPE
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All eligible Edward Byrne Justice Assistance Grant Program (JAG) applicants.
R.10.10.3-10.10.3.3 STATUTORY AUTHORITY
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42 U.S.C. 3751(a), P.L. 108-447, "Consolidated Appropriations Act, 2005", NMSA 1978 Section 9-19-6, and P.L. 109-162.
R.10.10.3-10.10.3.4 DURATION
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Subject to award by federal agency.
R.10.10.3-10.10.3.5 EFFECTIVE DATE
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March 29, 2013, unless a later date is cited at the end of a section.
R.10.10.3-10.10.3.6 OBJECTIVE
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A. The U.S. department of justice, bureau of justice assistance (BJA), under the Consolidated Appropriations Act, 2005, Public Law 108-447 provides states and units of local government with funds to provide additional personnel, equipment, supplies, contractual support, training,…
R.10.10.3-10.10.3.7 DEFINITIONS
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[Reserved]
R.10.10.3-10.10.3.8 ELIGIBLE APPLICANTS
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A. Eligible applicants are limited to state agencies and local units of government. A unit of local government is: a town, township, village, parish, city, county, or other general purpose political subdivision of a state; any law enforcement district or judicial enforcement dist…
R.10.10.3-10.10.3.9 HOW TO APPLY
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To obtain an application packet in either electronic form or hard copy, contact: the grants management bureau, department of public safety, 4491 Cerrillos Road, Post Office Box 1628, Santa Fe, New Mexico 87504-1628 or by calling (505) 827-3347 or (505) 827-9112.
R.10.12.1-10.12.1.1 ISSUING AGENCY
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Public Defender Commission
R.10.12.1-10.12.1.10 METHOD OF SERVING NOTICE
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Any notice required of the department by these rules, shall be delivered by a method that provides proof of service or attempted service.
R.10.12.1-10.12.1.11 COMPUTATION OF TIME
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A. In computing any period of time prescribed or allowed by these rules, the day from which period of time begins to run shall not be included. The last calendar day of the time period shall be included in the computation unless it is a Saturday, Sunday or a day on which a legal …
R.10.12.1-10.12.1.12 EMPLOYMENT RECORDS
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A. The office shall maintain a record of each employee's employment history in accordance with operational necessity and applicable state and federal law requirements. Employees shall have access to their own file. Employment-related confidential records shall be available for in…
R.10.12.1-10.12.1.13 SETTLEMENT AGREEMENTS
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Any settlement agreement reached by the department and an employee to resolve a matter in dispute between them, that incorporates provisions covered by these rules, must conform to the provisions of these rules and have the prior approval of the chief. The chief may approve a set…
R.10.12.1-10.12.1.14 HUMAN RESOURCE POLICIES
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The department shall make human resource policies available to employees and insure that policies conform to requirements of law.
R.10.12.1-10.12.1.15 TRAINING AND DEVELOPMENT
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The human resource director in conjunction with the training director shall establish, pursuant to direction from the chief, maintain a training and development work plan. The chief will review the training and development work plan on an annual basis.
R.10.12.1-10.12.1.16 SEVERABILITY
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A determination by a court of competent jurisdiction that any provision of these rules is unconstitutional or invalid shall not adversely affect the constitutionality, validity or enforceability of the remaining provisions.
R.10.12.1-10.12.1.2 SCOPE
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Applies to all employees.
R.10.12.1-10.12.1.3 STATUTORY AUTHORITY
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Section 31-15-2.4(B) (6) NMSA 1978; Section 31-15-7 NMSA 1978; 42 U.S.C Section 12101 et seq.; Section 14: NMSA 1978, Section 14-2-1 NMSA 1978 and 42 U.S.C Section 101 et seq; Chapter 173, laws of 1997.
R.10.12.1-10.12.1.4 DURATION
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Permanent.
R.10.12.1-10.12.1.5 EFFECTIVE DATE
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July 1, 2015, unless a later date is cited at the end of a section.
R.10.12.1-10.12.1.6 OBJECTIVE
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The objective of Part 1 of Chapter 12 is: to define words and phrases used throughout Chapter 12, to cite provisions pertaining to different parts of Chapter 12, to require maintenance of employment records, and to detail provisions that do not warrant a separate part.
R.10.12.1-10.12.1.7 DEFINITIONS
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A. "Agency" means any state department, unit, bureau, division, branch or administrative group which is under the same employer. B. "Anniversary date" means the date of appointment or reemployment and is changed as of the date of promotion, demotion, reduction, or change to a dif…
R.10.12.1-10.12.1.8 APPROVAL AUTHORITY
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Pursuant to the provision of Section 31-15-7 NMSA 1978 the chief public defender shall supervise all administrative and technical personnel activities of the department. The chief public defender may designate duties as needed. A. The human resource director, pursuant to directio…
R.10.12.1-10.12.1.9 INTERPRETATIONS
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The chief shall establish a procedure for the issuance of interpretations of these rules.
R.10.12.10-10.12.10.1 ISSUING AGENCY
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Public Defender Commission
R.10.12.10-10.12.10.10 RETURN FROM REDUCTION IN FORCE
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A.Former employees who were in career status at the time of separation by a reduction in force shall have reemployment rights within the department, for a six-month period, under the following provisions:(1) former employees shall be returned to work in order of highest service d…
R.10.12.10-10.12.10.11 REEMPLOYMENT AFTER MILITARY SERVICE
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Any employee who separates from the classified service to enter the United States armed forces, national guard, or an organized reserve unit may be reemployed in accordance with the provisions of 38 U.S.C. Section 2021 and Sections 28 - 15 - 1 to 28 - 15 - 3 NMSA 1978.
R.10.12.10-10.12.10.12 EARLY RETURN-TO-WORK/MODIFIED DUTY ASSIGNMENTS
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A.Employees who have been unable to work because of a compensable injury or illness under the workers' compensation act may return to work in a modified duty assignment for up to six months which may be extended for a period of up to six additional months if substantial progress …
R.10.12.10-10.12.10.13 SEPARATION WITHOUT PREJUDICE
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A.Employees who have suffered an injury or illness which is compressible under the workers' compensation act and are physically or mentally unable to perform the essential functions of their pre-injury/pre-illness position, with or without reasonable accommodation, shall be separ…
R.10.12.10-10.12.10.14 RE EMPLOYMENT OF JOB-RELATED INJURED OR ILL FORMER EMPLOYEES
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A.A former employee who has separated from the department due to job-related injury or illness and who has received or is due to receive benefits under the Workers' Compensation Act shall have reemployment rights in accordance with the provisions of Section 52-1-50.1 NMSA 1978 an…
R.10.12.10-10.12.10.2 SCOPE
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Applies to current and former employees.
R.10.12.10-10.12.10.3 STATUTORY AUTHORITY
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Section 31-15-2.4(B)(6), Section 31-15-7 NMSA 1978, Sections 28-15-1 to 28-15-3 and 38 U.S.C. Section 2021; Section 13: NMSA 1978, Section 52-1-25.1. NMSA 1978.