51,436 sections across 3,184 New Mexico regulatory chapters.
R.2.20.4-2.20.4.11 SOLICITATION OF STATE EMPLOYEES BY VENDORS OF QUALIFIED EMPLOYEE BENEFIT PROGRAMS
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A. Upon certification that a proposed program is a qualified employee benefit program as provided in Section 5 [now 2.20.4.9 NMAC] and upon selection of qualified vendors as provided in Section 6 [now 2.20.4.10 NMAC], risk management shall specify an annual open and switch enroll…
R.2.20.4-2.20.4.12 TERMINATION OF PROGRAMS
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If the secretary determines at any time that any qualified employee benefit program places a burden on the department of finance and administration and risk management which is not offset by a corresponding benefit to state employees, the secretary shall have the right to termina…
R.2.20.4-2.20.4.2 SCOPE
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This rule governs the circumstances under which payroll deductions may be permitted and the method by which vendors, state employees or risk management may initiate requests for a payroll deduction code and by which the department of finance and administration shall process those…
R.2.20.4-2.20.4.3 STATUTORY AUTHORITY
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A. Section 10-7-2 NMSA 1978 provides that state employees "shall receive their salaries or wages for services rendered in accordance with regulations issued by the department of finance and administration", placing on the department of finance and administration the responsibilit…
R.2.20.4-2.20.4.4 DURATION
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[RESERVED]
R.2.20.4-2.20.4.5 EFFECTIVE DATE
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[Filed December 20, 1989]
R.2.20.4-2.20.4.6 OBJECTIVE
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The purpose of this rule is to benefit state employees by providing payroll deduction codes for only those high quality employee benefit programs that the group buying power of the large number of state employees and the availability of payment by payroll deduction can obtain at …
R.2.20.4-2.20.4.7 DEFINITIONS
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A. "Open and switch enrollment period" is an annual six-week period during which state employees may enroll in a specific qualified employee benefit program or may switch from enrollment in such a program offered by one qualified vendor to that offered by a different qualified ve…
R.2.20.4-2.20.4.8 PERMITTED PAYROLL DEDUCTIONS
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A. Payroll deduction codes shall be allowed for the following purposes: (1) those required by law (state and federal taxes, FICA); (2) state-sponsored and required insurance programs where the state shares the cost of the program; (3) PERA, ERB or other state-sponsored retirement…
R.2.20.4-2.20.4.9 PROCEDURE FOR ESTABLISHING QUALIFIED EMPLOYEE BENEFIT PROGRAMS FOR PAYROLL DEDUCTION PURPOSES
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A. A qualified employee benefit program may be initiated by three means: (1) by vendor request; (2) by state employee request; and (3) by risk management initiation. B. Any vendor wishing to have an employee benefit program considered for implementation shall provide to risk mana…
R.2.20.5-2.20.5.1 ISSUING AGENCY
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Department of Finance and Administration
R.2.20.5-2.20.5.2 SCOPE
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Establishes accountability for accounting function in all state agencies as defined by section 6-5-1 NMSA 1978, as amended, without exception.
R.2.20.5-2.20.5.3 STATUTORY AUTHORITY
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Section 6-5-2, NMSA 1978, as amended, requires the division to maintain a central system of state accounts and to devise, formulate, approve and control and set standards for the accounting methods and procedures of all state agencies. Section 6-5-2 NMSA1978, as amended, requires…
R.2.20.5-2.20.5.4 DURATION
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Permanent
R.2.20.5-2.20.5.5 EFFECTIVE DATE
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August 29, 2003
R.2.20.5-2.20.5.6 OBJECTIVE
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To establish accountability for the accounting function by establishing, at the state agency level, standards for the proper recording, summarizing, and reporting of financial transactions and designating one state employee at each state agency to be responsible for maintaining t…
R.2.20.5-2.20.5.7 DEFINITIONS
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A. "Accounting function" means the methods and procedures, be they manual or automated, used by a state agency to record, summarize, and report its financial transactions. B. "Accounting system" means the total structure of records and procedures used to record, to classify, to s…
R.2.20.5-2.20.5.8 CHIEF FINANCIAL OFFICER AND ASSIGNMENT OF RESPONSIBILITIES
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A. Statute requires that the administrative head of each agency ensure that the model accounting practices, established by the division, are followed. In order to ensure that model accounting practices are followed, it is incumbent upon the agency head to carryout the responsibil…
R.2.20.6-2.20.6.1 ISSUING AGENCY
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Department of Finance and Administration.
R.2.20.6-2.20.6.2 SCOPE
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Applies to all state agencies, as defined by section 6-5-1 NMSA 1978, as amended, seeking authorization to issue warrants or exception from the requirement of prior submission of proposed vouchers, purchase orders or contracts to the division as provided in section 6-5-3 NMSA 197…
R.2.20.6-2.20.6.3 STATUTORY AUTHORITY
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Section 6-5-9 NMSA 1978, as amended, requires the secretary of the department to annually issue a written order granting authorization to a particular state agency to issue warrants or exception from the requirement of prior submission of proposed vouchers, purchase documents, pu…
R.2.20.6-2.20.6.4 DURATION
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Permanent
R.2.20.6-2.20.6.5 EFFECTIVE DATE
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August 29, 2003
R.2.20.6-2.20.6.6 OBJECTIVE
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The object of this rule is to provide the conditions state agencies shall fulfill prior to applying to obtain an authorization to issue warrants or exception from the requirement of prior submission of proposed vouchers, purchase documents, purchase orders or contracts to the div…
R.2.20.6-2.20.6.7 DEFINITIONS
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A. "Accounting system" means the total structure of records and procedures used to record, to classify, to summarize, and to report on the financial position of a governmental entity or any of its funds, fund types, or organizational components. B. "Department" means the departme…
R.2.20.6-2.20.6.8 APPLICATION PROCEDURES AND CONDITIONS OF APPROVAL OF AUTHORIZATION OR EXCEPTION
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A. Each and every December 31, a state agency that wishes to issue warrants or exception from the requirement of prior submission of proposed vouchers, purchase orders, or contracts to the division for the following fiscal year (July 1 through June 30) shall apply for authorizati…
R.2.20.7-2.20.7.1 ISSUING AGENCY
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Department of Finance and Administration.
R.2.20.7-2.20.7.2 SCOPE
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All state agencies utilizing the central payroll system operated by the financial control division of the department of finance and administration, pursuant to Section 6-5-2.1(I) NMSA 1978.
R.2.20.7-2.20.7.3 STATUTORY AUTHORITY
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Section 9-6-5(E) and Section 10-7-2(B) NMSA 1978.
R.2.20.7-2.20.7.4 DURATION
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Permanent.
R.2.20.7-2.20.7.5 EFFECTIVE DATE
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July 31, 2013.
R.2.20.7-2.20.7.6 OBJECTIVE
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The objective of this rule is to provide state employees with the convenience of the direct deposit of their salary and wages while minimizing the burden on the state's central payroll system and human resources and protecting the state and state employees from potential fraud.
R.2.20.7-2.20.7.7 DEFINITIONS
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A. "Direct deposit account" means a checking or savings account with a financial institution designated by a state employee to receive direct deposits of the state employee's net salary and wages. B. "Direct deposit" means an electronic fund transfer whereby a state employee's ne…
R.2.20.7-2.20.7.8 LIMITATIONS ON DIRECT DEPOSIT ACCOUNTS
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A. A state employee may only have one direct deposit account at a time. B. A state employee must own, in whole or in part, the direct deposit account designated by the state employee. C. One hundred percent of the state employee's net salary and wages must be deposited into the d…
R.2.20.7-2.20.7.9 DIRECT DEPOSIT ACCOUNT PROCEDURES AND RESPONSIBILITIES
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A. Upon being hired by a state agency and during such other times as may be required by the division, a state employee must either:(1) affirmatively decline to participate in the direct deposit program; or (2) designate a direct deposit account. B. State employees shall use forms…
R.2.40.2-2.40.2.1 ISSUING AGENCY
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Department of Finance and Administration (DFA).
R.2.40.2-2.40.2.10 REVIEW PROCEDURES
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A. State agencies must submit to the bureau for review: (1) sole source contracts; (2) amendments to sole source contracts; (3) retroactive approval to contracts; and (4) retroactive approval to contract amendments. B. Bureau review: (1) The bureau shall review all contracts or c…
R.2.40.2-2.40.2.11 SMALL PURCHASES
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A contract for professional services having a value over five thousand dollars ($5,000) excluding applicable gross receipts taxes, but not exceeding the amount set forth in Section 13-1-125 NMSA 1978 except for the services of architects, landscape architects engineers, or survey…
R.2.40.2-2.40.2.12 SOLE SOURCE CONTRACT OR AMENDMENT TO SOLE SOURCE CONTRACT
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A. A contract may be awarded without competitive sealed proposals, regardless of the estimated cost, when a central purchasing office of a contracting state agency makes a written determination, signed by the secretary of the contracting state agency or designee, which states tha…
R.2.40.2-2.40.2.13 RETROACTIVE APPROVAL FOR A CONTRACT OR CONTRACT AMENDMENT
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A. The Procurement Code, Section 13-1-102, NMSA 1978, as amended, requires that all non-exempt procurement (Section 13-1-98 NMSA 1978) by state agencies shall be achieved by competitive sealed bids or competitive sealed proposals except for small purchases, sole source procuremen…
R.2.40.2-2.40.2.14 EMERGENCY PROCUREMENT
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An emergency procurement of professional services may be made under the conditions provided in the Procurement Code. Records of any emergency procurement of professional services, including the written determination of the basis for the emergency procurement being relied on by th…
R.2.40.2-2.40.2.15 COMPLIANCE
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State agencies must comply with federal and state statutes, rules, regulations and policies and shall have their state agency's legal counsel review all contracts and contract amendments certifying in writing that they are legally sufficient prior to submission to the bureau. Wro…
R.2.40.2-2.40.2.16 RECORDS
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A. Record inspection, record retention and record destruction relating to contracts shall be conducted in accordance with the Inspection of Public Records Act, Sections 14-2-1 to 14-2-12 NMSA 1978; the Public Records Act, Sections 14-3-1 to 14-3-23 NMSA 1978; and with Section 13-…
R.2.40.2-2.40.2.17 RULE FILING
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This rule shall be filed in accordance with the State Rules Act, Sections 14-4-1 to 14-4-11 NMSA 1978 and shall become effective upon publication in the New Mexico Register.
R.2.40.2-2.40.2.2 SCOPE
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A. The contracts review bureau of the department of finance and administration shall review and approve all professional services contracts which result in expenditures greater than five thousand dollars ($5,000), including applicable gross receipts tax, and all amendments to tho…
R.2.40.2-2.40.2.3 STATUTORY AUTHORITY
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A. Sections 13-1-118 and 13-1-125 NMSA 1978 authorize the department of finance and administration to review professional services contracts of state agencies as to form, legal sufficiency, and budgetary requirements if required by its regulations. B. Section 6-5-3 NMSA 1978 prov…
R.2.40.2-2.40.2.4 DURATION
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Permanent.
R.2.40.2-2.40.2.5 EFFECTIVE DATE
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July 24, 2018 unless a later date is cited at the end of a section.
R.2.40.2-2.40.2.6 OBJECTIVE
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The purpose of this rule is to establish the procedures state agencies must follow and the requirements state agencies must meet in drafting, entering into, and seeking approval of professional services contracts. These procedures ensure compliance with Sections 6-5-3, 6-5-6, 13-…
R.2.40.2-2.40.2.7 DEFINITIONS
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A. "Bureau" means the contracts review bureau of the department of finance and administration. B. "Contract" means any agreement for the provision of professional services. C. "Contract brief" means the bureau paper form or electronic version which shall accompany all professiona…