New Mexico Administrative Code

Permanent.

April 28, 1999.

The objective of this rule is to establish rules and procedures for the election of a classified state employee member of the NMRHCA Board of Directors, as required by Section 10-7C-6(B)(10) of the Act.

A. "Act" means the Retiree Health Care Act (Sections 10-7C-1 et seq. N.M. Stat. Ann. 1978). B. "Classified State Employee Board Member" means the member of the NMRHCA Board of Directors to be selected by the active state employees pursuant to Section 10-7C-6(B)(10) of the Act. C.…

A. The Classified State Employee Board Member shall be elected for a term of four years and, unless removed or otherwise vacated from his/her office, shall serve until his/her successor is duly elected and has qualified. B. The election of the Classified state Employee Board Memb…

The executive committee of the NMRHCA Board shall also serve as the election committee under these rules and regulations. A. The election Committee may utilize and shall oversee any contractors hired by the Board to help conduct the election. The election committee may utilize NM…

NM Retiree Health Care Authority ("NMRHCA")

This rule applies to all citizens interested in the NMRHCA program of providing retiree, spouse and dependent health care coverages and other benefits to eligible retired employees, eligible spouses and eligible dependents.

This rule is promulgated pursuant to the New Mexico Retiree Health Care Act (the "Act"), Sections 10-7C-1 et seq. NMSA 1978.

Permanent.

June 15, 1998 [unless a later date is cited at the end of a section].

The objective of this rule is to establish guidelines to encourage interaction with state agencies, school districts, educational entities, independent public employers, municipalities, counties, institutions of higher education and other public entities and residents of New Mexi…

The board recognizes its responsibility to the public to provide information concerning its actions, its policies, and details of its educational and business operations. in recognition of this responsibility the board shall endeavor to: A. Meetings open to public: Open all regul…

The board recognizes that constructive study, discussion, and active participation by citizens are necessary to promote the best possible programs of insurance in the community. To encourage this participation, the board shall endeavor to: A. Invite participating entities to assi…

NM Retiree Health Care Authority ("NMRHCA").

A. Any contract approval, sale or purchase entered into or official action taken by a public official in violation of this rule may be voided by action of the NMRHCA board. B. Any person may make a sworn, written complaint to the NMRHCA board of a violation by a public official o…

A. A hearing officer shall be appointed by the NMRHCA board for each complaint. The hearing officer may be an authority board member, agent or employee of the NMRHCA or another person. The complainant and the person complained against have the right to one disqualification of a d…

It is a violation of this rule for any public official knowingly, willfully or intentionally to conceal or fails to disclose any financial interest called for by the code or violate any of the provisions hereof.

Upon recommendation of the hearing officer the NMRHCA board may: A. issue a public reprimand to the public official; B. remove or suspend from his office, employment or contract the public official; and C. refer complaints against public officials to the appropriate law enforceme…

This rule applies to all board members, employees, actuaries, consultants, attorneys and members of ad. hoc. or standing committees of the NMRHCA.

This rule is promulgated pursuant to the New Mexico Retiree Health Care Act (the "Act"), Sections 10-7C-1 et seq. NMSA 1978.

Permanent.

June 15, 1998 [unless a later date is cited at the end of a section].

A. The objective of this rule is to establish procedures governing a code of ethics that must be adhered to by those persons covered and provide penalties for failure to comply. The proper operation of a democratic government requires that public representatives and those attorne…

As used in the code of ethics rule: A. "business" means a corporation, partnership, sole proprietorship, firm, organization, or individual carrying on a business or owning real property other than a personal residence; B. "insider information" or "confidential information" means …

A. Upon becoming a public representative, the public representative shall provide registration information to the NMRHCA office as listed below. This information shall be updated at the end of every fiscal year and shall be available to the public at all times: (1) name; (2) addr…

A. No public representative nor a member of his/her family shall request or receive and accept a gift or loan for his/her personal use or for another, if: (1) it tends to influence the public representative in the discharge of his/her official acts; or (2) the public representati…

NM Retiree Health Care Authority ("NMRHCA")

A. Contracts shall be in a form and contain such provisions as may be required by the board. B. Each contract shall comply with the Conflict of Interest Act, particularly Sections 10-16-7, 10-16-8, 10-16-9 and 10-16-12 NMSA 1978 and when the disclosure required by Section 10-16-1…

A. All prospective contractors shall submit to the board a signed completed original of a contract reviewed and approved by the board general legal counsel. The contract form shall be submitted to and approved by the board prior to initiating any action with prospective contracto…

A. Subject to the limitations of Subsections B and C of this section, a contract may be awarded without competitive sealed proposals regardless of the estimated cost when the board makes a written determination, after conducting a good-faith review of available sources, that ther…

A. A multi-term contract for services (including the furnishing of insurance) except for professional services, in an amount under twenty-five thousand dollars $25,000.00, or more if authorized under Section 13-1-150 NMSA 1978, may be entered into for any period of time deemed to…

A. Amendments to contracts originally entered into pursuant to this rule, may be made pursuant to rules adopted by the secretary of DFA. B. For amendments to contracts originally entered into as sole source procurement pursuant to 2.81.4.13 NMAC. (1) A written determination which…

Notwithstanding other provisions of this rule, an emergency purchase or sole source purchase of professional services may be made. A copy of records of any emergency procurement or sole source purchase of professional services, including the written determination of the basis for…

Any offeror who is aggrieved in connection with a solicitation or award of a contract may protest to the executive director of the NMRHCA. The protest shall be submitted in writing within fifteen calendar days after knowledge of the facts or occurrence giving rise to the protest.

A. Protests must be in writing and addressed to the executive director of the NMRHCA. B. The protest shall: (1) include the name and address of the protestant; (2) include the solicitation number; (3) contain a statement of the grounds for protest; (4) include supporting exhibits…

A. In the event of a timely protest, as defined in 2.81.4.17 NMAC and 2.81.4.18 NMAC, the executive director shall not proceed further with the procurement unless the executive director makes a written determination that the award of the contract is necessary to protect substanti…

This rule applies to all vendors or potential vendors of professional services or insurance services, the NMRHCA, its board, staff and consultants.

A. Upon the filing of a timely protest, the executive director shall give notice of the protest to the contractor if award has been made or, if no award has been made, to all bidders and offerors who appear to have a substantial and reasonable prospect of receiving an award if th…

The executive director may take any action reasonably necessary to resolve a protest. Such actions include, but are not limited to, the following: A. issue a final written determination summarily dismissing the protest; B. obtain information from the staff of the state purchasing…

Upon written request of any party, or upon its own motion, the executive director or board may require parties to comply with discovery requests.

A. Hearings are disfavored and will be held only when the executive director or board determine that substantial material factual issues are present that cannot be resolved satisfactorily through an examination or written document in the record. Any party may request a hearing, b…

A. The executive director shall promptly (the goal is thirty (30) days after receipt of all information or the date of any hearing, whichever is later) issue a written determination relating to the protest. The determination shall: (1) state the reasons for the action taken; and …

A. If, prior to award, the executive director makes a determination that a solicitation or proposed award of a contract is in violation of law, then the solicitation or proposed award shall be cancelled. B. If, after an award, the executive director makes a determination that a s…

A. A motion for reconsideration of a written determination issued pursuant to 2.81.4.24 NMAC may be filed by any party involved in the procurement. The motion for reconsideration shall contain a detailed statement of the factual and legal grounds upon which reversal or modificati…

A. At any point during a protest proceeding the executive director of the board may appoint a designee, to preside over the proceeding. The designee will have all of the powers described in this Rule except the power to issue a written determination under 2.81.4.24 NMAC. The desi…