51,436 sections across 3,184 New Mexico regulatory chapters.
R.10.5.200-10.5.200.2 SCOPE
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All commissioned officers of the state police division of the New Mexico department of public safety.
R.10.5.200-10.5.200.3 STATUTORY AUTHORITY
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Section 29-2-1.1(G) NMSA 1978 defines the New Mexico state police board as meaning the secretary of the department of public safety. Section 29-2-4.1 NMSA 1978 directs the New Mexico state police board to promulgate rules and regulations governing the employment and operating pra…
R.10.5.200-10.5.200.4 DURATION
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Permanent.
R.10.5.200-10.5.200.5 EFFECTIVE DATE
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June 1, 1987, unless a later date is cited at the end of a section or paragraph. Repromulgated in NMAC format effective December 31, 1998.
R.10.5.200-10.5.200.6 OBJECTIVE
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The objective of Part 200 of Chapter 5 is to provide standards for personnel practices within the state police division, as authorized by the provisions of Section 29-2-4.1 NMSA 1978.
R.10.5.200-10.5.200.7 DEFINITIONS
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[RESERVED]
R.10.5.200-10.5.200.8 PERSONNEL
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A. Appointments: All state police commissioned officers of the New Mexico state police shall be appointed by the dhief and the appointments ratified by the secretary. (1) The appointment of commissioned officer personnel may commence after satisfactory completion of all phases of…
R.10.5.400-10.5.400.1 ISSUING AGENCY
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Department of Public Safety, State Police Division
R.10.5.400-10.5.400.2 SCOPE
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All commissioned officers of the state police division of the New Mexico department of public safety.
R.10.5.400-10.5.400.3 STATUTORY AUTHORITY
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Section 29-2-1.1(G) NMSA 1978 defines the New Mexico state police board as meaning the secretary of the department of public safety. Section 29-2-4.1 NMSA 1978 directs the New Mexico state police board to promulgate rules and regulations governing the employment and operating pra…
R.10.5.400-10.5.400.4 DURATION
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Permanent
R.10.5.400-10.5.400.5 EFFECTIVE DATE
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June 1, 1987, unless a later date is cited at the end of a section.
R.10.5.400-10.5.400.6 OBJECTIVE
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The objective of Part 400 of Chapter 5 is to provide standards for the operation and handling of vehicles and equipment within the state police division, as authorized by the provisions of Section 29-2-4.1 NMSA 1978.
R.10.5.400-10.5.400.7 DEFINITIONS
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Department/departmental: The New Mexico state police.
R.10.5.400-10.5.400.8 VEHICLES AND EQUIPMENT
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A. All personnel will properly care for and use any state vehicles issued for their use and will also be acquainted with, and will follow established procedures dealing with the proper operation and care of automobiles. B. The vehicle and all equipment will be kept orderly, acces…
R.10.5.500-10.5.500.1 ISSUING AGENCY
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Department of Public Safety - State Police Division
R.10.5.500-10.5.500.10 DISCOVERY DEADLINES
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The parties will submit a list of proposed witnesses, together with the gist of testimony or the type of testimony expected to be elicited from each witness. The parties shall likewise be required to submit a list of exhibits it intends to introduce at the hearing. The parties sh…
R.10.5.500-10.5.500.11 NOTICE
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In this proceeding, the parties shall be afforded an opportunity for hearing after reasonable notice. The notice shall include: A. a statement of the time place and nature of the hearing; B. a statement of the legal authority and jurisdiction under which the hearing is to be held…
R.10.5.500-10.5.500.12 VENUE
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The hearings shall take place at the department of public safety headquarters in Santa Fe, New Mexico or at such other location in Santa Fe as the hearing officer may designate.
R.10.5.500-10.5.500.13 RECORD
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A. The record in a proceeding subject to this rule shall include: (1) all pleadings, motions and intermediate rulings; (2) evidence received or considered; (3) a statement of matters officially noticed; (4) questions, and offers of proof, objections and rulings thereon; (5) propo…
R.10.5.500-10.5.500.14 EVIDENCE
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A. In this proceeding the rules of evidence shall be followed. B. Irrelevant, immaterial or unduly repetitious evidence shall be excluded. When necessary to ascertain facts not reasonable susceptible to proof under the rules of evidence, evidence thereunder may be admitted, excep…
R.10.5.500-10.5.500.15 DEPOSITIONS, INSPECTION OF DEPARTMENT FILES AND DISQUALIFICATIONS
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The hearing officer may, subject to the rules of privilege and confidentiality recognized by law, require the furnishing of information, the attendance of witnesses and the production of books, records, papers and other objects necessary and proper for the purposes of the proceed…
R.10.5.500-10.5.500.16 EX PARTE COMMUNICATIONS
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No party or representative of a party or any other person shall communicate with any commission member or counsel for the commission or hearing officer who participates in making the decision in any proceeding under this part unless a copy of the communication is sent to all part…
R.10.5.500-10.5.500.17 DECISION
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The hearing officer shall prepare and submit to the commission a summary of evidence taken at the hearing, proposed finding findings of fact and conclusions of law, separately stated. The sole issue to be decided by the commission conducted pursuant to these rules and Section 29-…
R.10.5.500-10.5.500.18 PETITION FOR JUDICIAL REVIEW
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An officer subject to discipline under this part and Section 29-2-11 C may appeal the final decision to the first judicial district court pursuant to Section 39-3.1.1 NMSA 1978.
R.10.5.500-10.5.500.2 SCOPE
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All officers of the state police division of the New Mexico department of public safety holding a permanent commission.
R.10.5.500-10.5.500.3 STATUTORY AUTHORITY
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Section 9-9-6 NMSA 1978 outlines the duties and general powers of the secretary of the department of public safety which include the power to make and adopt such reasonable procedural rules and regulations as may be necessary to carry out the duties of the department and its divi…
R.10.5.500-10.5.500.4 DURATION
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Permanent
R.10.5.500-10.5.500.5 EFFECTIVE DATE
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June 30, 2004, unless a later date is cited at the end of a section.
R.10.5.500-10.5.500.6 OBJECTIVE
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The objective of this rule is to provide a procedure for a full and fair adjudicatory hearing for a New Mexico state police officer holding a permanent commission who is facing disciplinary action as contemplated by Section 29-2-11 C NMSA 1978.
R.10.5.500-10.5.500.7 DEFINITIONS
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A. "Commission" means the public safety advisory commission. B. "Officer" means a New Mexico state police officer holding a permanent commission facing disciplinary action involving removal from office, demotion, or suspension for more than thirty (30) days. C. "Parties" means th…
R.10.5.500-10.5.500.8 ADOPTION AND MODIFICATION OF SPECIFIC SECTIONS OF THE ADMINISTRATIVE PROCEDURES ACT, SECTIONS 12-8-1 THROUGH 12-8-25 NMSA 1978
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The secretary of the department of public safety adopts, as modified, to comport with the purposes of Sections 29-2-11 C and 29-2-11 D, the following sections of the Administrative Procedures Act: Sections 12-8-1 B(1), (2) and (3); Sections 12-8-10 C and 12-8-10 D; Sections 12-8-…
R.10.5.500-10.5.500.9 APPOINTMENT OF A HEARING OFFICER
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For the purpose of providing a New Mexico state police officer subject to discipline as contemplated by Section 29-2-11 C NMSA 1978 with a timely hearing, the commission shall appoint an independent hearing officer who is an attorney licensed to practice law in the state of New M…
R.10.6.2-10.6.2.1 ISSUING AGENCY
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Department of Finance and Administration, Local Government Division.
R.10.6.2-10.6.2.10 DATABASE DEVELOPMENT REQUIREMENTS
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A. Database: (1) The grantee and its designated agents shall work with the telecommunication company(s) to verify street names, address number ranges, and emergency service zones (ESZ), postal community and other information needed to create MSAG. These same agents shall also wor…
R.10.6.2-10.6.2.11 PSAP EQUIPMENT, ACQUISITION AND DISBURSEMENT OF FUNDS
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A. The PSAP equipment must be capable of handling emergency call volumes to meet the needs of the public. This equipment must be compatible with that of the telecommunication company providing the 911 network and database. B. In order to qualify for a PSAP, an applicant shall hav…
R.10.6.2-10.6.2.12 REVIEW AND APPROVAL PROCESS
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A. After requesting enhanced 911 service from a telecommunications company or CMRS, a local governing body, acting as the fiscal agent for a PSAP, may by ordinance or resolution, recover from the fund an amount necessary to recover the approved costs of providing the enhanced 911…
R.10.6.2-10.6.2.13 GEOGRAPHIC INFORMATION SYSTEMS (GIS) STANDARDS
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In order to ensure that road centerline shapefiles can be effectively used and integrated at a statewide level, standards are needed for attribute data consistency and the development of spatial data by entities creating them with geographic information systems (GIS). Pursuant to…
R.10.6.2-10.6.2.14 PLANNING AND IMPLEMENTATION OF ENHANCED WIRELESS SERVICE
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A. E911 service to include phase I and phase II wireless shall be provided to the entire telecommunication company(s) service area(s) and should be implemented on a countywide or regional basis. B. Where a telecommunication company's local exchange area extends into or encompasse…
R.10.6.2-10.6.2.15 PSAP CONSOLIDATION
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A. The division requires that municipal and county public safety answering points (PSAPs) within their contiguous county boundaries consolidate their 911 call answering and radio dispatch functions within one consolidated PSAP in the county. Only the consolidated PSAP in the coun…
R.10.6.2-10.6.2.16 TELECOMMUNICATOR / DISPATCHER TRAINING
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Pursuant to Section 63-9D-4 A NMSA 1978, the local governing body shall require the PSAP to employ properly trained staff pursuant to the Public Safety Telecommunication Training Act. Telecommunicators and dispatchers will be certified for two years and recertified for two-year i…
R.10.6.2-10.6.2.17 WIRELESS COST RECOVERY GUIDELINES
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After requesting WE911 (wireless enhanced E911) from a CMRS, local governing bodies may, by ordinance or resolution in a form specified by the division, recover from the fund pursuant to Subsection G of Section 63-9D-8 NMSA 1978, the CMRS wireless enhanced 911 service carrier cos…
R.10.6.2-10.6.2.2 SCOPE
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The state, counties and incorporated cities, towns and villages.
R.10.6.2-10.6.2.3 STATUTORY AUTHORITY
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This rule is promulgated pursuant to the authority granted in Section 63-9D-8.1 NMSA 1978 and is deemed necessary to carry out the provisions of the Enhanced 911 Act, Sections 63-9D-1 etseq. NMSA 1978.
R.10.6.2-10.6.2.4 DURATION
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Permanent.
R.10.6.2-10.6.2.5 EFFECTIVE DATE
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May 15, 2006, unless a later date is cited at the end of a section.
R.10.6.2-10.6.2.6 OBJECTIVE
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The objective of Part 2, Chapter 6 is to carry out the provisions of the Enhanced 911 Act. These rules and regulations are designed to assist in the development, operation and maintenance of a reliable, uniform E911 system. This act establishes a program to provide for the purcha…
R.10.6.2-10.6.2.7 DEFINITIONS
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A. "701/709 error report" means an error report provided by local exchange carriers serving a PSAP area which details the phone numbers that were not successfully loaded into the 911 ALI database due to an MSAG or other error. A "701" error indicates a house number not in MSAG ra…
R.10.6.2-10.6.2.8 INTRODUCTION
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A. In New Mexico, the responsibility and authority for delivering emergency medical services, public fire protection, and law enforcement generally rests with the state, counties, and municipalities. This is true even when supplemental services are performed by others, such as pr…
R.10.6.2-10.6.2.9 GUIDELINES
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A. Guidelines for basic and E911 service, system, equipment and network design and maintenance shall be established by the division following the best nationally accepted concepts and operating practices. B. E911 call information shall follow the national NENA standards.