51,436 sections across 3,184 New Mexico regulatory chapters.
R.2.110.2-2.110.2.15 PROGRAM PUBLIC PARTICIPATION REQUIREMENTS
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Applicants must provide opportunities for public participation in the development of community development goals, objectives, and applications for funding assistance by undertaking the following activities: A. provide for and encourage citizen participation within their areas of …
R.2.110.2-2.110.2.16 PROGRAM REQUIREMENTS FOR MEETING NATIONAL PROGRAM OBJECTIVES
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Each CDBG application must meet at least one of the following three national objectives. A. Low and moderate income benefit - an activity identified as principally benefiting fifty one percent persons of low and moderate income will be considered eligible only if it meets one of …
R.2.110.2-2.110.2.17 APPLICATION REQUIREMENTS
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A. Number of applications - all eligible applicants may submit one application for CDBG funding assistance in the community infrastructure, public facility capital outlay, or Colonias categories. B. Planning applicants may submit at any time an additional planning application tha…
R.2.110.2-2.110.2.18 APPLICATION SUBMISSION PROCEDURES AND CONTENT
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The application packet provided by the division must be used. It is only necessary to answer the questions on the application that pertain to the relevant single project category. A. An applicant must submit an original (hard copy) and two separate electronic copies of each appli…
R.2.110.2-2.110.2.19 APPLICATION REVIEW AND EVALUATION PROCESS
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A. Upon receipt of an application, division staff will review for eligibility, completeness, feasibility, and compliance and ensure that all other funding necessary to make the project functional is in place. Applications not meeting the criteria will be returned to the applicant…
R.2.110.2-2.110.2.2 SCOPE
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All counties and incorporated municipalities, except the cities of Albuquerque, Farmington, Las Cruces, Santa Fe and Rio Rancho.
R.2.110.2-2.110.2.20 SELECTION OF CDBG GRANTEES BY COUNCIL
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A. Division staff will present its recommendation to the council at least seven days prior to each allocation meeting.(1)Staff recommendation will present projects in high, medium and low groupings. (2)Staff recommendation will include specific funding allocation amount to each p…
R.2.110.2-2.110.2.21 REVERSIONS, SUPPLEMENTAL FUNDING AND UNDERRUNS
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A. Decision of the division to impose special conditions or fiscal agent requirements - if a CDBG award is provided to a grantee that has deficiencies identified in the audit(s) approved by the state auditor's office, the division reserves the right to impose special conditions o…
R.2.110.2-2.110.2.22 PROGRAM INCOME
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A. Grantees must pay CDBG program income to the state, except that grantees will be permitted to retain program income only if they always use the income for CDBG eligible activities upon council approval of a program income utilization plan. B. Program income received by the sta…
R.2.110.2-2.110.2.23 CITIZEN ACCESS TO RECORDS
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Citizens and units of general local government will be provided with reasonable access to records regarding the past use of CDBG funds.
R.2.110.2-2.110.2.24 NM COMMUNITY ASSISTANCE FUNDS
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The council will allocate and administer New Mexico community assistance underrun funds in accordance with the provisions of the Community Assistance Act.
R.2.110.2-2.110.2.25 MEETING PROCEDURES
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A. Special meetings. Special meetings of the council may be called by a majority of the council members or the chairperson of the council, and will be held at the time and place fixed by the division. B. Notice. Written notice stating the time, place and, if a special meeting, th…
R.2.110.2-2.110.2.26 ECONOMIC DEVELOPMENT PROGRAM GUIDELINES
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A. Goals and objectives: The state's CDBG economic development goals and objectives include: (1) creating or retaining jobs for low - and moderate-income persons; (2) preventing or eliminating slum areas and blighted areas; (3) meeting urgent needs; (4) creating or retaining busi…
R.2.110.2-2.110.2.3 STATUTORY AUTHORITY
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Title 1 of the Housing and Community Development Act of 1974, as amended.
R.2.110.2-2.110.2.4 DURATION
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Permanent.
R.2.110.2-2.110.2.5 EFFECTIVE DATE
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November 15, 2016, unless a later date is cited at the end of a section.
R.2.110.2-2.110.2.6 OBJECTIVE
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The objective of Part 2 of Chapter 110 is to establish procedures to be used by counties and incorporated municipalities when applying for a small cities community development block grant.
R.2.110.2-2.110.2.7 DEFINITIONS
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A. "Asset management" means a systematic process of maintaining, upgrading, and operating physical assets cost-effectively. It combines engineering principles with sound business practices and economic theory, and it provides tools to facilitate a more organized, logical approach…
R.2.110.2-2.110.2.8 INTRODUCTION
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A. The council is responsible for allocating grants under the CDBG program to assist local communities with basic infrastructure and community development needs. B. These application regulations will govern the CDBG appropriation allocated to the state from the United States depa…
R.2.110.2-2.110.2.9 PROGRAM OBJECTIVES
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A. The CDBG program was established under Title I of the Housing and Community Development Act of 1974, as amended, to assist communities in providing essential community facilities, providing decent housing for residents, promoting economic development, and maintaining a suitabl…
R.2.110.3-2.110.3.1 ISSUING AGENCY
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Department of Finance, and Administration, Local Government Division.
R.2.110.3-2.110.3.10 LIMITATIONS OF USES
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A. Amounts distributed from the fund shall be: (1) expended only for the specific purposes as stated in the approved application; and (2) expended pursuant to approved budgets and upon duly executed vouchers. B. Any changes to the budget require prior written approval by the divi…
R.2.110.3-2.110.3.2 SCOPE
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These rules and regulations shall apply to all governmental entities that have participated in and received money from the fund or that expect to qualify to participate in the annual distribution of the fund.
R.2.110.3-2.110.3.3 STATUTORY AUTHORITY
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The division makes these rules pursuant to the authority of the Law Enforcement Protection Fund Act, being Sections 29-13-1 through 29-13-9 NMSA 1978, as amended.
R.2.110.3-2.110.3.4 DURATION
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Permanent.
R.2.110.3-2.110.3.5 EFFECTIVE DATE
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December 27, 2017, unless a different date is cited at the end of a section or paragraph.
R.2.110.3-2.110.3.6 OBJECTIVE
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These rules and regulations provide procedures for applying for participation in the annual distribution of the fund and clarify the eligible uses of the fund.
R.2.110.3-2.110.3.7 DEFINITIONS
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A. "Academy" means the New Mexico law enforcement academy. B. "Accumulation" means holding funds from year to year to create a balance at the governmental entity level. C. "Applicant" means any governmental entity allowed by law to seek participation in the distribution from the …
R.2.110.3-2.110.3.8 ELIGIBLE USES OF FUND
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A. The fund shall be used only for the purposes set forth in the Law Enforcement Protection Fund Act, as amended, including but not limited to Section 29-13-7 NMSA 1978. B. Eligible expenditures may include but are not limited to:(1) law enforcement equipment; (2) guns, holsters,…
R.2.110.3-2.110.3.9 PROCEDURES FOR LAW ENFORCEMENT PROTECTION FUND DISTRIBUTION
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A. All applicants must use the forms prescribed by the division, which will be available on the division's website by March 1. It is the ultimate responsibility of each governmental entity to ensure they receive an application. B. Every governmental entity seeking to participate …
R.2.110.4-2.110.4.1 ISSUING AGENCY
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Department of Finance and Administration, Local Government Division.
R.2.110.4-2.110.4.10 APPLICATION LIMITATIONS
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A. Distribution programs shall be limited to the county's projected year's distribution amount determined by the distribution formula as contained in Section 11-6A-6 NMSA 1978, as amended. B. Grant programs shall be limited to programs, services or activities that meet the requir…
R.2.110.4-2.110.4.11 NUMBER OF APPLICATIONS
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To ensure the most efficient and effective use of grant program and distribution program funds, applications are limited as follows: A. Number of applications - One application per county per grant and distribution program. A county may apply for the funding of a distribution pro…
R.2.110.4-2.110.4.12 INELIGIBLE ACTIVITIES
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A. Capital outlay expenditures are limited to 10 percent of the total grant or distribution amount. B. Land or building/facility acquisition with DWI grant or distribution funds is not allowed, except that programs eligible for alcohol detoxification grants pursuant to Subsection…
R.2.110.4-2.110.4.13 APPLICATION PROCEDURES, FORM AND CONTENT
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A. Applications for grant and distribution program funds shall conform to application instructions determined by the division, including an original signed cover sheet. B. In the event that an application is incomplete or requires modification, the applicant will be promptly noti…
R.2.110.4-2.110.4.14 APPLICATION REVIEW, RATING AND SELECTION
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A. The following review, rating and selection process will be used by the division for presentation to the council: (1) Upon receipt of grant and distribution program applications, division staff shall review for eligibility, completeness and compliance. Additional information ma…
R.2.110.4-2.110.4.15 REVERSIONS, SUPPLEMENTAL FUNDING AND UNDERRUNS
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A. Reversions/supplemental funding - When funds are reverted from a previously-approved grant program project or distribution program award, or additional funds are made available for council award for any other reason, the council may: (1) set aside the funds in a contingency fu…
R.2.110.4-2.110.4.16 ADMINISTRATIVE PROCEDURES
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A. All successful grant and distribution program applicants must adhere to state procurement laws, regulations and other procedures as established by the division, to ensure that all grant and distribution program funds are expended in accordance with state law. B. All counties a…
R.2.110.4-2.110.4.17 SANCTIONS
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A. Grantee sanctions may include any administrative action authorized by the division director taken against a grant or distribution program for improper or inadequate performance or non-compliance with one or more condition(s) of the grant agreement, based on state program requi…
R.2.110.4-2.110.4.18 COUNCIL AUTHORITY
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The council may at any time waive or adjust any requirement imposed in these regulations so long as the council finds that the waiver or adjustment is in the best interest of the state and that the waiver or adjustment does not unduly penalize or favor any applicant or violate an…
R.2.110.4-2.110.4.2 SCOPE
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All county and municipal governments.
R.2.110.4-2.110.4.3 STATUTORY AUTHORITY
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A. The Local DWI Grant Program Act, being Sections 11-6A-1 through 11-6A-6 NMSA 1978, as amended, provides for the local DWI grant program to be established by the local government division of the department of finance and administration to award grants to municipalities and coun…
R.2.110.4-2.110.4.4 DURATION
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Permanent.
R.2.110.4-2.110.4.5 EFFECTIVE DATE
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January 17, 2017 unless a later date is cited at the end of a section.
R.2.110.4-2.110.4.6 OBJECTIVE
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To establish procedures for the local DWI grant program applications and the distribution of certain local DWI grant program funds.
R.2.110.4-2.110.4.7 DEFINITIONS
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A. "Act" means the Local DWI Grant Program Act, being Sections 11-6A-1 through 11-6A-6 NMSA 1978, as amended. B. "Administrative Guidelines" means guidelines that establish the requirements for eligible counties and their municipalities to apply for funding and to administer the …
R.2.110.4-2.110.4.8 ELIGIBLE APPLICANTS
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A. Eligible applicants include all counties and all incorporated municipalities that join with the county in which they are located to participate in the proposed application, or any combination of two or more counties and the incorporated municipalities within the boundaries of …
R.2.110.4-2.110.4.9 ELIGIBLE PROGRAMS, SERVICES OR ACTIVITIES
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These include the following: A. New, existing innovative or model programs, services, or activities of any kind designed to prevent or reduce the incidence of DWI, alcoholism or alcohol abuse. As provided in the definitions set forth in these regulations, areas suggested for prog…
R.2.110.5-2.110.5.1 ISSUING AGENCY
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Department of Finance and Administration.
R.2.110.5-2.110.5.10 ELIGIBILITY REQUIREMENTS
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A. The threshold eligibility requirements set forth in this subsection must be met for an applicant to be considered for a grant. (1) The head of the local JPO office responsible for the geographic area in which the alternative adjudication program covered in the application is l…