New Mexico Administrative Code

December 05, 2023, unless a later date is cited at the end of a section.

To establish procedures for the solicitation and award of a construction manager general contractor project delivery procurement method for department transportation projects. The construction manager general contractor project delivery method may be used to improve project quali…

A. All definitions in the procurement code. B. "CMGC" means construction manager general contractor. C. "Department" means the New Mexico department of transportation. D. "GMP" means guaranteed maximum price. E. "RFP" means request for proposals.

The department may use a CMGC project delivery method after making written determination that a transportation project is eligible for procurement using the alternate method and posting the same on the department's website for 90 days. A. Project selection criteria: To determine …

The department shall evaluate proposals in accordance with the evaluation criteria and scoring parameters set forth in the RFP. A. The evaluation criteria may require, at a minimum, offerors demonstrate:(1) construction experience with similar projects; (2) financial, manpower an…

New Mexico Department of Transportation.

A. The approved stationing points shall be identified on the certificate of each passenger service. B. No stationing point may be adopted, abandoned or moved prior to the issuance of a new certificate reflecting the requested change.

A. The department accepts documents submitted by mail, electronic mail or hand-delivery. B. Any required fees must be received by the department by electronic transfer, mail or hand-delivery prior to the consideration of any document submitted. C. A document or fee is received on…

The department has prescribed forms to carry out certain requirements of these rules that may be obtained in person or on the department's website. The most current version of a form must be used when a form exists for that purpose.

A. Inspections: The department may inspect a motor carrier's operations for legal compliance at any time and without prior notice, regardless of the status of the motor carrier's operating authority. B. Investigations: A full or partial investigation may be initiated if an inspec…

A. No motor carrier shall make a statement orally or in writing, via any medium of advertisement or communication, concerning any aspect of intrastate transportation for hire that is materially false or misleading in part or in whole. A statement shall be deemed materially false …

This rule applies to all motor carriers subject to the jurisdiction of the department of transportation.

Sections 65-2A-4, 65-2A-29 and 65-2A-32 NMSA 1978, and 2023 N.M. Laws, Chapter 100, Section 81.

Permanent.

July 1, 2024, unless a later date is cited at the end of a section.

The purpose of this rule is to set forth general provisions governing motor carriers in New Mexico.

As used in these rules, unless the context clearly indicates otherwise, the following definitions apply: A. department means the New Mexico department of transportation; B. facilities includes lands, buildings, and improvements to real property owned, leased, or used in the opera…

A. A motor carrier shall comply with all applicable state and federal laws and regulations. B. In an emergency, a motor carrier may vary from a specific requirement of these rules when authorized or directed by a law enforcement officer or public safety official.

A. A motor carrier shall comply with the terms and conditions of its operating authority. B. A motor carrier of persons or household goods, and towing services performing nonconsensual tows, shall comply with the terms and conditions of its approved tariff. C. If there is a confl…

New Mexico Department of Transportation.

If an applicant or holder fails to provide a timely statement of compliance, the department shall: A. reject the application on the grounds that the applicant is ineligible under Section 40-5A-4 NMSA 1978; or B. initiate a proceeding to suspend or revoke the holder's operating au…

In a compliance hearing, relevant evidence is limited to the accuracy of the identification of the holder on the HCA-certified list and the failure of the holder to timely provide a statement of compliance. Extenuating circumstances may be presented and considered, subject to obj…

This rule applies to the issuance, renewal, suspension or revocation of any operating authority issued by the department.

Section 40-5A-9 NMSA 1978, and 2023 N.M. Laws, Chapter 100, Section 81.

Permanent.

July 1, 2024, unless a later date is cited at the end of a section.

The purpose of this rule is to implement the requirements of the Parental Responsibility Act, Sections 40-5A-1 to 40-5A-13 NMSA 1978.

In addition to the definitions in Section 40-5A-3 NMSA 1978, as used in this rule: A. holder means a sole proprietorship or partnership that has an operating authority from the commission; B. HCA means the New Mexico health care authority; C. operating authority means a certifica…

Upon receipt of an HCA-certified list, the department shall review the list against a current list of applicants and holders. By the end of the month in which the HCA-certified list is received, the director shall report to HCA the names of any applicants and holders who are on t…

A. The department shall notify the applicant or holder in writing that a statement of compliance is due within 30 days of the date the notification was issued. B. The notice shall advise that a failure to timely provide the statement of compliance shall result in the rejection of…

New Mexico Department of Transportation.

A. Before accepting household goods for transport, the HGC shall prepare and deliver to the shipper a complete bill of lading for every shipment it will transport. B. A copy of the bill of lading should accompany the shipment at all times. C. The HGC shall retain a copy of the bi…

Use of the uniform bill of lading meets the requirements of this rule. If another form is used, the bill of lading must contain at least the following information: A. the number of the bill of lading; B. the name, address, telephone number and NMPRC transportation number of the i…

A. Required: The HGC shall prepare an inventory of each shipment prior to transport. (1) The inventory shall consist of a description of each article in the shipment, shall list any damage or unusual wear, and shall indicate which containers were packed or crated by the HGC and w…

A. The HGC shall follow weighing practices designed to ensure reasonable accuracy. B. Each time a weighing is performed the HGC shall obtain a weight ticket showing the date and place of weighing and the weight obtained. The person who performed the weighing shall sign the ticket…

A. The HGC shall provide the shipper with a receipt for delivery that includes at a minimum the bill of lading, a copy of the inventory and, if applicable, the weigh tickets. B. No HGC shall require a shipper to sign a receipt that relieves the HGC from all liability for loss or …

The HGC is required to assume, at a minimum, liability for the released value of the shipper's goods. A. Released value: (1) The HGC shall not charge for assuming liability for the released value of a shipment. (2) The HGC shall specify in its tariff a rate per pound for released…

A. Upon discovery of a claim for loss, damage, overcharge, or any other matter, the shipper shall immediately notify the HGC in writing and give the HGC a reasonable opportunity to inspect the item that is the basis for the claim and the original package, if any. The claim shall …

An HGC shall deliver to every shipper a written notice containing a statement in substantially the following form: "This motor carrier operates pursuant to NMDOT Operating Authority No., (insert operating authority number). If you have questions or problems with the service provi…

A. Any contract or agreement between an HGC and its agent shall be in writing and shall specify the territory in which the agent is to serve. Each party shall keep a copy of the contract as part of its records at its principal place of business. B. Each HGC shall file a current, …

A. No HGC shall arrange any shipment to, from, or between points it is not authorized to serve. B. An HGC may share in the revenue from a shipment only if it has authority to haul it. All charges for joint transportation shall be collected by the HGC domiciled in New Mexico who b…

This rule applies to all household goods carriers (HGCs) subject to the jurisdiction of the department.

A. Hazardous matter: The HGC shall not accept or transport hazardous matter or articles that cannot be taken from the premises without damaging the articles or the premises. When the HGC reasonably believes articles or Contents of packages must be inspected for compliance with th…