51,436 sections across 3,184 New Mexico regulatory chapters.
R.1.5.8-1.5.8.3 STATUTORY AUTHORITY
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Section 13-1-100.1 NMSA 1978 directs the secretary of the general services department, in conjunction with the appropriate and affected professional associations and contractors, to promulgate regulations which shall be adopted by the governing bodies of all using agencies and sh…
R.1.5.8-1.5.8.4 DURATION
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Permanent.
R.1.5.8-1.5.8.5 EFFECTIVE DATE
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April 15, 1998 unless a later date is cited at the end of a section or paragraph.
R.1.5.8-1.5.8.6 OBJECTIVE
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To insure fair, uniform, clear and effective procedures for the utilization of construction management services to assist in the delivery of a quality project for the owner, on time and within budget.
R.1.5.8-1.5.8.7 DEFINITIONS
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A. "Construction management services" means a comprehensive array of management and/or consulting services spanning all phases of the design and construction process from conception to completion of the construction project; that applies appropriate management techniques to proje…
R.1.5.8-1.5.8.8 DISCUSSION
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A. As used herein "construction management services" is given a broad and general meaning to describe a project delivery method that, for any duration from conception to completion of the construction project, applies appropriate management techniques to project planning, design …
R.1.5.8-1.5.8.9 DETERMINATION REQUIRED
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A. A using agency may issue a solicitation, and enter into, a construction management services contract when the using agency first makes a determination that it is in the public's interest to utilize such services. B. The determination shall include findings of fact to support t…
R.1.5.9-1.5.9.1 ISSUING AGENCY
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General Services Department (GSD) Facilities Management Division.
R.1.5.9-1.5.9.10 REMOVAL OF NAME
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A public facility shall not be named for a public officer or other person who has been convicted of a felony. The division shall remove the name from a public facility named for such person immediately upon conviction, whether or not another name has been offered or approved for …
R.1.5.9-1.5.9.2 SCOPE
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All executive branch agencies with facilities under the control of the general services department.
R.1.5.9-1.5.9.3 STATUTORY AUTHORITY
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Section 15-3B-1, et. seq., NMSA 1978 as amended.
R.1.5.9-1.5.9.4 DURATION
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Permanent.
R.1.5.9-1.5.9.5 EFFECTIVE DATE
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October 30, 2018 unless a later date is cited at the end of a section or paragraph.
R.1.5.9-1.5.9.6 OBJECTIVE
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The objective of this rule is to establish a fair, uniform, clear and effective process to develop a list of potential names for public facilities and for the removal of names from public facilities.
R.1.5.9-1.5.9.7 DEFINITIONS
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A. "Department" means the general services department. B. "Division" means the facilities management division of the department. C. "Public facility" means a building or other real property under the control of the division. D. "Secretary" means the secretary of general services.
R.1.5.9-1.5.9.8 LIST DEVELOPMENT
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The secretary shall follow the below prescribed procedure for naming any public facility: A. The secretary shall announce the department's intent to name a public facility on a publically available website. B. The announcement shall identify the public facility to be named, solic…
R.1.5.9-1.5.9.9 FORMAL NAMING
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The governor may select a name from the list submitted by the secretary in accordance with statute and issue a proclamation formally naming the public facility. The governor may choose not to name the public facility or may choose to request another list of names.
R.1.6.2-1.6.2.1 ISSUING AGENCY
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General Services Department - Risk Management Division.
R.1.6.2-1.6.2.10 DETERMINATION OF EXPOSURE/EXPERIENCE PREMIUMS
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A. Prior to the annual notice required pursuant to Section 4 of this rule [now Subsection A of 1.6.2.8 NMAC], the RMD shall calculate for each covered entity the annual premium for each line of coverage. Such premiums shall consist of an exposure-rated component and if applicable…
R.1.6.2-1.6.2.11 SPECIAL PREMIUMS, EXCEPTION
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A. The director may augment or decrease any entity premium calculated in accordance with this rule upon his written finding that: (1) the risk to be covered involves a degree or type of hazard not contemplated by the existing coverage; or (2) the premium developed in accordance w…
R.1.6.2-1.6.2.12 OPTIONAL COVERAGES - EXCEPTION
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This rule shall apply only to coverages that the RMD is mandated to provide. The rule does not apply to those coverages that the RMD may provide on an optional basis, and that [a] government entity has the right to accept or reject. The director shall use these guidelines on opti…
R.1.6.2-1.6.2.13 DEDUCTIBLES
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If a deductible is added or increased, the master rating sheet for all agencies combined shall reflect the credit given. If a deductible is eliminated or reduced, the master rating sheet for all agencies combined shall show the additional charge.
R.1.6.2-1.6.2.14 BOARD REVIEW OF PREMIUM RATING PLAN
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The RMD shall seek the advice of the risk management advisory board at least annually with regard to any premium rating plan established pursuant to this rule.
R.1.6.2-1.6.2.15 INTERIM RATING PROVISION
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In the event that the computer program cannot be finalized in time to develop the budget for FY 99 to meet DFA budget guidelines, the director may develop FY 99 premium based on a percentage increase or decrease from FY 98 premium in each line of business. Section 11[now 1.6.2.11…
R.1.6.2-1.6.2.2 SCOPE
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A. This rule applies to the calculation, assessment and collection of premiums to be charged to all governmental entities self-insured by the risk management division for any of the following coverages for which at least one year's experience exists: (1) general liability, civil …
R.1.6.2-1.6.2.3 STATUTORY AUTHORITY
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This rule is adopted pursuant to: A. Section 15-7-2 NMSA 1978 which, among other things, requires the risk management division to apportion state agencies' contributions for insurance and self-insurance coverage; B. Section 15-7-3 NMSA 1978 which, among other things, authorizes t…
R.1.6.2-1.6.2.4 DURATION
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Permanent.
R.1.6.2-1.6.2.5 EFFECTIVE DATE
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June 14, 1997, unless a later date is cited at the end of a section or paragraph. [The language or paragraph is no longer correct. Later dates are now cited only in the history notes, shown in brackets, at the end of sections.]
R.1.6.2-1.6.2.6 OBJECTIVE
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To prescribe the method of determining total premiums for each line of coverage and to accurately and equitably calculate each covered entity's share of insured or self-insured premium assessments. In addition, to determine the penalty assessment to each covered entity for failur…
R.1.6.2-1.6.2.7 DEFINITIONS
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As used in this rule: A. "agency" or "state agency" means the state of New Mexico or any of its branches, agencies, departments, boards, instrumentalities or institutions; B. "average occupied beds" means the daily average number of beds occupied in a health care facility during …
R.1.6.2-1.6.2.8 ANNUAL PREMIUM NOTICE, PREMIUM DUE DATE
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A. The RMD shall notify each governmental entity annually of the premiums due for each line of coverage provided by or through the division. Wherever applicable, the RMD shall attempt to mail the premium notice at least three months prior to the annual premium due date, or, if pr…
R.1.6.2-1.6.2.9 TOTAL PREMIUM DEVELOPMENT
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A. At least one month prior to the date of the annual premium notice, the RMD shall develop total premiums for each line of coverage to which this rule applies. A total premium shall be developed separately for different risk groups determined by the director. B. The total premiu…
R.1.6.3-1.6.3.1 ISSUING AGENCY
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General Services Department (GSD) - Risk Management Division.
R.1.6.3-1.6.3.10 PENALTY FOR LATE REPORTING OF PAYROLL
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RMD may, at RMD's option, bill any participant entity for the penalty imposed by RMD by the department of labor for an entities first late report in a fiscal year (Section 51-1-112A NMSA 1978). If the next quarter report is also late, RMD shall bill the entity for both late repor…
R.1.6.3-1.6.3.11 EXPERIENCE HISTORY TRANSFER
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A. In the case of a total experience history transfer of a governmental entity, the experience history of the transferred entity will be transferred from the predecessor entity to the successor entity in total. The reserve account and the assessment rate will also be transferred …
R.1.6.3-1.6.3.12 ELIGIBILITY FOR LOCAL PUBLIC BODY UNEMPLOYMENT COMPENSATION RESERVE FUND
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To be eligible to participate in the local public body unemployment compensation reserve fund noted in accordance with Section 51-1-46 NMSA 1978, an entity must: A. Be a local public body as defined in 1.6.3.7 NMAC, B. Not have voluntarily left or have been removed from the local…
R.1.6.3-1.6.3.13 APPLICATION TO ENTER LOCAL PUBLIC BODY UNEMPLOYMENT COMPENSATION RESERVE FUND
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A. The effective date of coverage for any local public body that enters the local public body unemployment compensation reserve fund shall be January 1. B. A local public body must submit an application to RMD to participate in the fund no later than September 30 of the year prio…
R.1.6.3-1.6.3.14 OBLIGATIONS OF LOCAL PUBLIC BODIES UPON ADMITTANCE TO THE LOCAL PUBLIC BODY UNEMPLOYMENT COMPENSATION RESERVE FUND
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A. A local public body participating in the fund must meet all obligations to remain in good standing and continue participation. B. Obligations include: (1) timely payment of premiums, administrative fees, assessments, fines, remittances, and similar obligations to the risk mana…
R.1.6.3-1.6.3.15 NONCOMPLIANCE BY LOCAL PUBLIC BODIES AND TERMINATION OF PARTICIPATION
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A. The director of RMD has sole discretion to determine if a local public body is noncompliant and to terminate the participation of any local public body in accordance with this rule. B. Upon a determination that a local public body is noncompliant, RMD shall inform the local pu…
R.1.6.3-1.6.3.16 VOLUNTARY DEPARTURE OF THE LOCAL PUBLIC BODY UNEMPLOYMENT COMPENSATION RESERVE FUND
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A. A local public body that participates in the local public body fund may voluntarily depart the fund if:(1) the local public body has participated in the fund for at least the five consecutive years immediately preceding departure; (2) the local public body applies for departur…
R.1.6.3-1.6.3.2 SCOPE
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Unless otherwise provided by law, this rule applies to all state agencies, including elected officials and institutions of higher learning, and all local public bodies. This rule supersedes and replaces all prior conflicting rules and directives.
R.1.6.3-1.6.3.3 STATUTORY AUTHORITY
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This rule is adopted pursuant to the authority of Section 9-17-5, 15-7-3, 51-1-17 and 51-1-46 NMSA 1978.
R.1.6.3-1.6.3.4 DURATION
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Permanent.
R.1.6.3-1.6.3.5 EFFECTIVE DATE
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December 11, 2018, unless a later date is cited at the end of a section or paragraph.
R.1.6.3-1.6.3.6 OBJECTIVE
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To provide a uniform system for assessing the cost of unemployment compensation benefits to state agencies and local public bodies, based on each covered entity's claims experience that will be sufficient to insure solvency of the fund(s). Further, to prescribe the methods for wh…
R.1.6.3-1.6.3.7 DEFINITIONS
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A. "Fund" or "funds" means the state government unemployment compensation reserve fund or the local public body unemployment compensation reserve fund, or both, as the contract requires. B. "Governmental entity" means the state or any political subdivision thereof, or any instrum…
R.1.6.3-1.6.3.8 GOVERNMENTAL ENTITY BUDGETS, RATES FOR UNEMPLOYMENT COMPENSATION BENEFITS AND ADMINISTRATIVE EXPENSES
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RMD shall prescribe annually before April 15, a schedule of minimum rates per employee to be budgeted by governmental entities for the succeeding year. Rates shall include administrative expenses. Rates shall be determined as follows. A. A schedule of initial rates shall be devel…
R.1.6.3-1.6.3.9 PAYMENT OF BILLINGS; INTEREST CHARGE FOR LATE PAYMENT; CANCELLATION OF LOCAL PUBLIC BODIES
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A. The rate schedules will outline the percentage interest charge for late payments for participants in the state fund and local public body fund. B. The rate schedule will outline how many days participants in the state account will have before payment is delinquent after the da…
R.1.6.4-1.6.4.1 ISSUING AGENCY
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General Services Department (GSD) Risk Management Division.
R.1.6.4-1.6.4.10 LOSS PREVENTION AND CONTROL COMMITTEE
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A. Each state agency shall establish a loss prevention and control committee. B. Committee members may be appointed by the agency head or by the loss prevention and control coordinator. The appointing authority shall appoint division directors, bureau chiefs, section or unit head…