TITLE 22               COURTS

CHAPTER 510    PAROLE

PART 100             JUVENILE PUBLIC SAFETY ADVISORY BOARD

 

22.510.100.1        ISSUING AGENCY:  New Mexico Juvenile Public Safety Advisory Board.

[22.510.100.1 NMAC - Rp, 22.510.100.1 NMAC, 10/30/09]

 

22.510.100.2        SCOPE:  This policy applies to members and employees of the juvenile public safety advisory board and to all juvenile offenders, including youthful offenders, who are eligible to be considered for supervised release by the department.

[22.510.100.2 NMAC - Rp, 22.510.100.2 NMAC, 10/30/09]

 

22.510.100.3        STATUTORY AUTHORITY:  These regulations are adopted pursuant to authority granted to the juvenile public safety advisory board in 1978 N.M. Stat. Ann. Section 32A-7-6(A)(5) 2009.

[22.510.100.3 NMAC - Rp, 22.510.100.3 NMAC, 10/30/09]

 

22.510.100.4        DURATION:  Permanent.

[22.510.100.4 NMAC - Rp, 22.510.100.4 NMAC, 10/30/09]

 

22.510.100.5        EFFECTIVE DATE:  October 30, 2009, unless a later date is cited at end of a section.

[22.510.100.5 NMAC - Rp, 22.510.100.5 NMAC, 10/30/09]

 

22.510.100.6        OBJECTIVE:  To establish standards and procedures for the juvenile public safety advisory board and its staff to conduct investigations, examinations, interviews, and such other procedures as may be necessary for the effectual discharge of the duties of the board.

[22.510.100.6 NMAC - Rp, 22.510.100.6 NMAC, 10/30/09]

 

22.510.100.7        DEFINITIONS:  In these definitions, all references to males are understood to include females.  As used in these regulations:

                A.            “Administrative review” means a review conducted by the director or designee.

                B.            “Agenda” means the list of juvenile offenders who are to be considered for supervised release at the department’s regular release consideration meetings.

                C.            “Board” means the juvenile public safety advisory board whose members are appointed pursuant to the Juvenile Public Safety Advisory Board Act, 1978 NMSA Sections 32A-7A-1 to 32A-7A-8.

                D.            “Department” means the New Mexico children, youth and families department.

                E.             “Director” means the administrative officer of the juvenile public safety advisory board appointed by the governor; the director shall employ other staff as necessary to carry out the administrative duties of the board.

                F.             “Facility” refers to a facility operated by or on behalf of CYFD’s juvenile justice services for purposes of housing and providing care and rehabilitation for clients committed to the custody of CYFD.

                G.            “Facility release panel (panel)” is the departmental secretary-designated releasing authority that considers juveniles for supervised release.

                H.            “Facility transition coordinator (FTC)” means a department employee who works with the client and the client’s multi-disciplinary team, juvenile probation officer, classification officer and regional transition coordinator to coordinate the client’s care while in the facility and ensures that the required tasks of the client’s supervised release or extension track are occurring in a timely manner.

                I.              “Home study” means the assessment conducted by the department of the living environment where the juvenile offender may reside during the term of supervised release; specific strengths and weaknesses of the living environment are identified through the home study process.

                J.             “Juvenile offender” means a child committed to the custody of the department pursuant to the Delinquency Act, 1978 NMSA Section 32A-2-1 through 32A-2-32; the term “juvenile offender” in this regulation includes those individuals who are committed as youthful offenders.

                K.            “Quorum” is a minimum number of members of a board who must be present to make decisions; for purposes of board participation in facility release panel meetings and hearings, quorum means at least one member of the board.

                L.            “Release consideration meeting” means a proceeding conducted by the panel for purposes of deciding whether to grant, deny, defer or revoke supervised release.

                M.           “Release plan” means the department’s recommendation for the conditions the juvenile offender should be required to fulfill if released, and presents workable methods of dealing with the juvenile offender’s problems and needs throughout the community intervention.

                N.            “Release agreement” means the conditions of supervised release as established by the panel.  The juvenile is required to agree in writing to the conditions as a prerequisite to being placed on release status.

                O.            “Secretary” means the secretary of the children, youth and families department.

                P.            “Structured decision making (SDM)” means a system designed for use in case management of the juvenile population, and used by the department in the classification of committed juvenile offenders.

                Q.            “Supervised release” refers to the release of a juvenile, whose terms of commitment has not expired, from a facility for the care and rehabilitation of adjudicated delinquent children, with specified conditions to protect public safety and promote successful transition and reintegration into the community.  A juvenile on supervised release is subject to monitoring by the department until the terms of commitment has expired, and may be returned to custody for violating conditions of release.

                R.            “Supervised release plan” means the department’s recommendation for the conditions the juvenile offender should be required to fulfill if released and presents workable methods of dealing with the juvenile offender’s problems and needs through community intervention.

                S.            “Supervised release recommendation report” is the report prepared by the FTC/designee to inform the panel of the juvenile’s progress while committed and the juvenile’s readiness for release through summaries of all the disciplines in the juvenile’s plan of care and the plan for the juvenile if he or she is granted supervised release.

[22.510.100.7 NMAC - Rp, 22.510.100.7 NMAC, 10/30/09; A, 6/1/10]

 

22.510.100.8        ADMINISTRATIVE REVIEWS

                A.            Administrative review.  At intervals, the director or designee reviews the juvenile offender’s progress or lack thereof.  The administrative review may be based solely on documentation.  Whenever possible, it is preferable for the administrative review to include an interview with the juvenile offender at the facility where he or she is housed.

                    (1)     The first administrative review must occur not later than forty days after the date that the juvenile offender is committed to the department’s custody, and may occur at the juvenile’s initial MDT.

                    (2)     Subsequent administrative reviews occur at regular intervals thereafter, until such time as the juvenile offender is placed on the agenda for a release meeting, or is otherwise discharged.

                B.            After each administrative review, the director or designee prepares a report of the juvenile offender’s progress with recommendation as to readiness for supervised release.  The reports are compiled and provided to board members prior to a juvenile’s appearance at a release consideration meeting.  Any board member may direct the director or designee to obtain additional information regarding any child at any time, and may review the case of any child at any time.  The director or designee also provides copies of the board’s reviews to the facilities, with any recommendations, prior to a juvenile’s appearance at a release consideration meeting.

[22.510.100.8 NMAC - Rp, 22.510.100.8 NMAC, 10/30/09; A, 6/1/10]

 

22.510.100.9        FACILITY VISITS AND OTHER DUTIES

                A.            At least once per year, the board visits each departmental facility for purposes of evaluating the conditions of the facilities and any other matters pertinent to the care of committed juveniles.

                B.            After the board visits the department’s facilities, it shall prepare a written report on the conditions found, including recommendations for programs and facilities.  The report shall be provided to:

                    (1)     the secretary of the children, youth and families department;

                    (2)     the director of the juvenile justice division; and

                    (3)     the governor.

                C.            At least twice per year, the board meets with the secretary or the secretary’s designee to review the activities of the department.

                D.            A quorum of the board participates in regular and special release consideration meetings and final supervised release revocation hearings.

[22.510.100.9 NMAC - N, 10/30/09; A, 6/1/10]

 

22.510.100.10      INFORMATION REQUIRED FOR BOARD PARTICIPATION IN RELEASE DECISIONS:  In order for the board to effectually participate in release panel decisions, the board obtains information on the juvenile being considered for release from the facilities.

                A.            For the initial administrative review (the forty day review), the director or designee attends the juvenile’s initial MDT at the facility to obtain the following information:

                    (1)     a complete history of the juvenile offender’s delinquent acts and any resulting consequences;

                    (2)     the juvenile offender’s family history;

                    (3)     the juvenile offender’s social history;

                    (4)     the juvenile offender’s academic, vocational and educational history;

                    (5)     the juvenile offender’s psychological and psychiatric history, including all diagnostic center reports;

                    (6)     relevant medical reports for the juvenile offender;

                    (7)     the commitment order for the current commitment and petition;

                    (8)     the pre-disposition report for the current commitment;

                    (9)     the facility’s plan for care and rehabilitation;

                    (10)     the facility’s identification sheets or case record sheets;

                    (11)     designation of home study recipient; and

                    (12)     the juvenile offender’s social security number.

                B.            After the initial administrative review, the director or designee reviews the juvenile’s FACTS entries and as necessary, contacts the juvenile’s classification officer or other facility staff familiar with the juvenile or visits the juvenile as necessary to obtain the following information:

                    (1)     monthly or bi-monthly progress reports and SDM scores, including reports and SDM scores on those juvenile offenders who are in programs outside the facility;

                    (2)     psychological and psychiatric reports and evaluations on the juvenile offender, including for juvenile offenders who are in programs outside the facility;

                    (3)     home studies and any facility requests for home studies;

                    (4)     a current and updated facility face sheet;

                    (5)     any court-ordered restitution payment plan or social restitution plan;

                    (6)     a wilderness and urban experience evaluation report if applicable;

                    (7)     serious incident reports;

                    (8)     any  information relating to an out-of-state supervised release plan, as required by interstate compact provisions;

                    (9)     all information pertaining to furloughs, passes, transfers and pre-supervised releases; and

                    (10)     any special reports that the board may request.

                C.            Thirty days prior to the regularly-scheduled release meeting, the board obtains an updated supervised release recommendation report from the facility for each juvenile offender on the agenda.  For special release meetings or for juvenile offenders who are added to the agenda, the board receives the updated supervised release recommendation report as soon as practicable.

[22.510.100.10 NMAC - Rp, 22.510.100.19 NMAC, 10/30/09; A, 6/1/10]

 

22.510.100.11      SUPERVISED RELEASE CONSIDERATION MEETINGS:  The board participates in release consideration meetings held by the department, including revocation hearings, and internally confers on release or revocation decisions prior to or at meetings.  The board is not required to meet in person to internally confer on release or revocation decisions, as long as each board member provides input on what the board’s vote should be at the release consideration meeting or revocation hearing.  After conferring, a majority of the board’s members must agree to the vote to be given at the meeting or hearing for each juvenile on the agenda.  A quorum of the board then attends each regular and special release consideration meeting or revocation hearing and provides one vote.  The board also advises the department on criteria to be used to decide whether to release a juvenile.

[22.510.100.11 NMAC - N, 10/30/09; A, 6/1/10]

 

22.510.100.12      CONFIDENTIALITY:  All juvenile records in the possession of the board or its staff are maintained confidentially in accordance with 1978 NMSA Section 32A-2-32.

[22.510.100.12 NMAC - Rp, 22.510.100.20 NMAC, 10/30/09; A, 6/1/10]

 

22.510.100.13      DIRECTOR DUTIES:  The director of the board is not an ex-officio member of the board and does not vote in board decisions, including any decisions related to the facility release panel.  The director shall support the board and other board members by providing budget administration, inclusive of travel and per diem support to board members; guiding the board in preparing for facility release panel meetings and bi-annual meetings with the secretary; coordinating the board's efforts in developing an annual report to the governor's office; managing any specific requests for information from board members relating to information about agency services and programs or specific youth scheduled to appear before the facility release panel; assisting the office of the secretary in recruiting and nominating potential board members to fill vacant positions, as needed; and other duties as requested by the board.

[22.510.100.13 NMAC - N, 6/1/10]

 

HISTORY OF 22.510.100 NMAC:

Pre-NMAC History:  Material in this part was derived from that previously filed with the State Records Center:

JPB Rule No. 1, New Mexico Juvenile Parole Board Rules and Regulations, filed 8/2/85.

JPB Rule No. 1, New Mexico Juvenile Parole Board Rules and Regulations, filed 8/13/92.

 

History of Repealed Material:

JPB Rule No. 1, New Mexico Juvenile Parole Board Rules and Regulations, filed 8/13/92 - Repealed effective 6/15/2004.

22.510.100 NMAC, Juvenile Parole Board, filed 6/1/2004 - Repealed effective 10/30/2009.

 

 
Return to NMAC homepage
 

This rule was filed as PB Rule 82-15.

 

TITLE 22               COURTS

CHAPTER 510    PAROLE

PART 16               RESCINDING PAROLE

 

22.510.16.1          ISSUING AGENCY:  New Mexico Parole Board.

[Recompiled 12/31/01]

 

22.510.16.2          SCOPE:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.16.3          STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.16.4          DURATION:  [Permanent]

[Recompiled 12/31/01]

 

22.510.16.5          EFFECTIVE DATE:  [Filed December 2, 1982]

[Recompiled 12/31/01]

 

22.510.16.6          OBJECTIVE:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.16.7          DEFINITIONS:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.16.8          RESCINDING PAROLE:  The provisions in PB Rule 82.15 [now 22.510.16 NMAC] apply to all inmates.

                A.            Any inmate who has been granted a parole to the community, a consecutive sentence or a detainer, and who is found guilty of, or pleads guilty to having violated a prison rule or regulation which constitutes a misconduct report and finding of guilt after a due process hearing at the place of confinement, will be afforded a hearing before the parole board or a hearing officer designated by the board.

                B.            The hearing contemplated in this section will be a limited hearing solely on the issue of whether the violation warrants rescission of the board's previous favorable action.

                C.            The inmate will be permitted to present evidence he may have which is relevant to this one issue only.

                D.            In no instances will the board relitigate the issue of guilt.

                E.             The inmate may submit his evidence in mitigation, in writing.

                F.             The inmate may waive the right to have this hearing, and the board will then enter its decision in accordance therewith.

                G.            In all instances, the board will advise the inmate, in writing, of its decision.

[Recompiled 12/31/01]

 

HISTORY OF 22.510.16 NMAC:

Pre-NMAC History:  Material in this part was derived from that previously filed with the State Records Center:

PB 71-1, Parole Hearing Board, Procedures Manual, filed 11/17/71.

PB 76-1, Rules, Regulations, Procedures and Parole Board Statutes, filed 8/2/76.

PB 80-1, Rules, Regulations, Procedures and Parole Board Statutes (February 1979 Revision), filed 10/17/80.

PB Rule 82-15 Rescinding Parole, filed 12/2/82.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as PB Rule 82-14.

 

TITLE 22               COURTS

CHAPTER 510    PAROLE

PART 15               PAROLE REVOCATION HEARINGS

 

22.510.15.1          ISSUING AGENCY:  New Mexico Parole Board.

[Recompiled 12/31/01]

 

22.510.15.2          SCOPE:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.15.3          STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.15.4          DURATION:  [Permanent]

[Recompiled 12/31/01]

 

22.510.15.5          EFFECTIVE DATE:  [Filed December 2, 1982]

[Recompiled 12/31/01]

 

22.510.15.6          OBJECTIVE:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.15.7          DEFINITIONS:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.15.8          PAROLE REVOCATION HEARINGS:  The provisions of this paragraph [now 22.510.15.8 NMAC] apply to all parolees facing parole revocation.

                A.            Parolees charged with parole violation will receive a preliminary probable cause parole revocation hearing upon such charge or charges in accordance with rules and regulations of the corrections department.

                B.            Final parole revocation hearings are scheduled to commence on the third Wednesday of each month, and continuing on through Thursday and Friday, if necessary.

                C.            Field services division staff will serve the parolee with proper documentation of alleged violation(s) of parole.

                D.            The parole board will serve the public defender’s office with the proper documentation of alleged parole violation(s) a minimum of at least 10 working days before the scheduled hearing.

                E.             The parole board may, however, conduct a final revocation hearing at any time at the request of the parolee or the parolee’s attorney.

                F.             The parolee’s return to the penitentiary of New Mexico at Santa Fe (or other correctional facility) subsequent to a finding of probable cause at such preliminary parole revocation hearing will receive a prompt final parole revocation hearing.

                G.            Parolees will be afforded the opportunity to request assistance of counsel.  Parolees requesting assistance of counsel at their final parole revocation hearings will be interviewed by a member of the parole board to determine whether such parolees need assistance of counsel in accordance with the following criteria:

                    (1)     whether the parolee claims he has not committed the alleged violation;

                    (2)     whether there are substantial reasons which justified or mitigated the violation and makes revocation inappropriate;

                    (3)     whether such reasons (referred in (2) above) are complex or otherwise difficult to develop or present;

                    (4)     whether the parolee appears capable or incapable of speaking effectively for himself;

                    (5)     whether the parolee had counsel at the preliminary probable cause parole revocation hearing.

                H.            If the parolee’s request for counsel is refused, the board shall state the reasons for such refusal.

                I.              If the parole board determines that counsel is necessary for an indigent parolee, the New Mexico public defender’s office shall be notified and requested to represent the parolee.

                J.             At the final parole revocation hearing, the following due process requirements will be observed at a minimum:

                    (1)     written notice to the parolee of the claimed violation(s) of parole;

                    (2)     disclosure to the parolee of the evidence against him;

                    (3)     opportunity to be heard in person and to present witnesses and documentary evidence;

                    (4)     the right to confront and cross-examine adverse witnesses (unless the hearing officer specifically finds good cause for not allowing confrontation);

                    (5)     a written statement by the fact finders as to the evidence relied on and the reasons for revoking parole or the reasons for other action taken by the board.

                K.            Hearsay evidence which the parole board deems reliable may be admitted at such parole revocation hearing.  The board may consider evidence, including letters, affidavits and other material that may not be admissible in a criminal prosecution.

                L.             If the parole violation charged is established, the parole board may continue or revoke the parole, or enter any other order deemed appropriate.

                M.           At the final parole revocation hearing, a parolee cannot relitigate issues determined against him in other forums, as in the situation presented when revocation is based on conviction of a crime.

                N.            Parolees confined in institution outside of New Mexico, by reason of a new conviction subsequent to release on parole, will receive a final parole revocation hearing upon their return to the actual, physical custody of New Mexico corrections department.

                O.            Credit for time served while on parole will be given, unless (1) the parolee is a fugitive from justice; or (2) the parolee was convicted in another jurisdiction and was sentenced to confinement in a penal institution outside of New Mexico.  However, the parole board may exercise discretion in determining whether to grant or disallow credit for those periods of time while on parole prior to revocation.  Credit while the parolee is either a fugitive from justice or is serving a sentence in another jurisdiction will not ordinarily be allowed for such time periods, unless the parolee can demonstrate good cause why credit should be allowed for such periods of time.

[Recompiled 12/31/01]

 

HISTORY OF 22.510.15 NMAC:

Pre-NMAC History:  Material in this part was derived from that previously filed with the State Records Center:

PB 71-1, Parole Hearing Board, Procedures Manual, filed 11/17/71.

PB 76-1, Rules, Regulations, Procedures and Parole Board Statutes, filed 8/2/76.

PB 80-1, Rules, Regulations, Procedures and Parole Board Statutes (February 1979 Revision), filed 10/17/80.

PB Rule 82-14 Parole Revocation Hearings, filed 12/2/82.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as PB Rule 82-12.

 

TITLE 22               COURTS

CHAPTER 510    PAROLE

PART 13               ADMINISTRATIVE PROCEDURES

 

22.510.13.1          ISSUING AGENCY:  New Mexico Parole Board.

[Recompiled 12/31/01]

 

22.510.13.2          SCOPE:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.13.3          STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.13.4          DURATION:  [Permanent]

[Recompiled 12/31/01]

 

22.510.13.5          EFFECTIVE DATE:  [Filed December 2, 1982]

[Recompiled 12/31/01]

 

22.510.13.6          OBJECTIVE:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.13.7          DEFINITIONS:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.13.8          ADMINISTRATIVE PROCEDURES:

                A.            Upon receipt by the parole board of parole plan that is unacceptable, the board shall advise the prospective parolee, in writing, of this fact, with copies to the director of field services division. A “home plan” may be considered subject to the board’s approval.

                B.            Field services division may request that the board write a letter of reprimand to a parolee who is adjusting poorly on parole, or that said individual appear before the board personally to discuss his parole adjustment.

                C.            A parole plan check‑out and investigation which reveals that return to a particular community or area which would have adverse effects on the parolees or the community should be covered in said parole plan check‑out so that the board may be appraised of that information prior to the release of the parolee.

                D.            In the event that the parole board places a special parole condition on an individual and the parole plan check‑out reveals that compliance therewith is not possible, such determination should be brought to the attention of the board at the time the parole plan report is submitted.

                E.             The discharge dates from basic sentences inmates are serving is computed by the institutional record section and is not the responsibility or function of the New Mexico parole board.

[Recompiled 12/31/01]

 

HISTORY OF 22.510.13 NMAC:

Pre-NMAC History:  Material in this part was derived from that previously filed with the State Records Center:

PB 71-1, Parole Hearing Board, Procedures Manual, filed 11/17/71.

PB 76-1, Rules, Regulations, Procedures and Parole Board Statutes, filed 8/2/76.

PB 80-1, Rules, Regulations, Procedures and Parole Board Statutes (February 1979 Revision), filed 10/17/80.

PB Rule 82-12, Administrative Procedures, filed 12/2/82.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as PB Rule 82-13.

 

TITLE 22               COURTS

CHAPTER 510    PAROLE

PART 14               TIME LIMITS

 

22.510.14.1          ISSUING AGENCY:  New Mexico Parole Board.

[Recompiled 12/31/01]

 

22.510.14.2          SCOPE:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.14.3          STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.14.4          DURATION:  [Permanent]

[Recompiled 12/31/01]

 

22.510.14.5          EFFECTIVE DATE:  [Filed December 2, 1982]

[Recompiled 12/31/01]

 

22.510.14.6          OBJECTIVE:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.14.7          DEFINITIONS:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.14.8          TIME LIMITS:  Wherever specific time limits are enumerated in these rules, said limits may be extended for cause by the board.  If specific time limits are exceeded, any actions taken shall not be avoided unless actual prejudice to the affected party is shown.

[Recompiled 12/31/01]

 

HISTORY OF 22.510.14 NMAC:

Pre-NMAC History:  Material in this part was derived from that previously filed with the State Records Center:

PB 71-1, Parole Hearing Board, Procedures Manual, filed 11/17/71.

PB 76-1, Rules, Regulations, Procedures and Parole Board Statutes, filed 8/2/76.

PB 80-1, Rules, Regulations, Procedures and Parole Board Statutes (February 1979 Revision), filed 10/17/80.

PB Rule 82-13, Time Limits, filed 12/2/82.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as PB Rule 82-10.

 

TITLE 22               COURTS

CHAPTER 510    PAROLE

PART 11               PAROLE BOARD ACTING CHAIRMAN

 

22.510.11.1          ISSUING AGENCY:  New Mexico Parole Board.

[Recompiled 12/31/01]

 

22.510.11.2          SCOPE:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.11.3          STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.11.4          DURATION:  [Permanent]

[Recompiled 12/31/01]

 

22.510.11.5          EFFECTIVE DATE:  [Filed December 2, 1982]

[Recompiled 12/31/01]

 

22.510.11.6          OBJECTIVE:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.11.7          DEFINITIONS:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.11.8          PAROLE BOARD ACTING CHAIRMAN:  When the chairman is unavailable, he shall designate one member of the board to be acting chairman.

[Recompiled 12/31/01]

 

HISTORY OF 22.510.11 NMAC:

Pre-NMAC History:  Material in this part was derived from that previously filed with the State Records Center:

PB 71-1, Parole Hearing Board, Procedures Manual, filed 11/17/71.

PB 76-1, Rules, Regulations, Procedures and Parole Board Statutes, filed 8/2/76.

PB 80-1, Rules, Regulations, Procedures and Parole Board Statutes (February 1979 Revision), filed 10/17/80.

PB Rule 82-10, Appointing an Acting Chairman, filed 12/2/82.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as PB Rule 82-11.

 

TITLE 22               COURTS

CHAPTER 510    PAROLE

PART 12               HEARING OFFICER REGULATIONS

 

22.510.12.1          ISSUING AGENCY:  New Mexico Parole Board.

[Recompiled 12/31/01]

 

22.510.12.2          SCOPE:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.12.3          STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.12.4          DURATION:  [Permanent]

[Recompiled 12/31/01]

 

22.510.12.5          EFFECTIVE DATE:  [Filed December 2, 1982]

[Recompiled 12/31/01]

 

22.510.12.6          OBJECTIVE:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.12.7          DEFINITIONS:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.12.8          HEARING OFFICER REGULATIONS:

                A.            The provisions of Paragraph I [now Subsection A of 22.510.12.8 NMAC] apply to persons serving determinate sentences for crimes committed on or after July 1, 1979, except for persons serving indeterminate life sentences for crimes committed on or after July 1,1979.

                    (1)     Regular parole application hearings may be conducted before one member of the board or before a hearing officer designated by the board.

                              (a)     The regular hearing procedures as set out in the rules and regulations of the parole board shall be followed.

                              (b)     If only one board member or a hearing officer presides over such hearing, he shall prepare and submit a written summary of the proposed parole conditions and reasons therefor, and the proposed parole plan and reasons therefor, and other evidence and information as appropriate, with copies of all relevant documentation together with recommendations to the board within ten (10) working days of the close of the hearing for a decision by the full board.

                    (2)     Parole revocation hearings may be conducted before one member of the board or before a hearing officer designated by the board.

                              (a)     The regular hearing procedures as set out in the rules and regulations of the parole board shall be followed.

                              (b)     If only one board member or a hearing officer presides over such hearing, he shall prepare and submit written findings of fact and conclusions of law together with a summary of the evidence presented at the hearing and recommendations to the full board within ten (10) working days of the close of the hearing for a decision by the full board.

                    (3)     The time limits herein may be extended for cause by the board.

                B.            The provisions of Paragraph II [now Subsection B of 22.510.12.8 NMAC] apply to persons serving indeterminate sentences for crimes committed prior to July 1, 1979, and to persons serving indeterminate life sentences for crimes committed on or after July 1, 1979.

                    (1)     Regular parole application hearing may be conducted before one member of the board or before a hearing officer designated by the board.

                              (a)     The regular hearing procedures as set out in the rules and regulations of the parole board shall be followed.

                              (b)     If only one board member or a hearing officer presides over such hearing, he shall prepare and submit a written summary of the testimony and other evidence, copies of all relevant documents together with recommendations to the board within ten (10) working days of the close of the hearing for a decision by the full board.

                    (2)     Parole revocation hearings may be conducted before one member of the board or before a hearing officer designated by the board.

                              (a)     The regular hearing procedures as set out in the rules and regulations of the parole board shall be followed.

                              (b)     If only one board member or a hearing officer presides over such hearing, he shall prepare and submit written findings of fact and conclusions of law together with a summary of the evidence presented at the hearing and recommendations to the full board within ten (10) working days of the close of the hearing for a decision by the full board.

                    (3)     The time limits herein may be extended for cause by the board.

[Recompiled 12/31/01]

 

HISTORY OF 22.510.12 NMAC:

Pre-NMAC History:  Material in this part was derived from that previously filed with the State Records Center:

PB 71-1, Parole Hearing Board, Procedures Manual, filed 11/17/71.

PB 76-1, Rules, Regulations, Procedures and Parole Board Statutes, filed 8/2/76.

PB 80-1, Rules, Regulations, Procedures and Parole Board Statutes (February 1979 Revision), filed 10/17/80.

PB Rule 82-11, Hearing Officer Regulations, filed 12/2/82.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as PB Rule 82-8.

 

TITLE 22               COURTS

CHAPTER 510    PAROLE

PART 9                 VOTING ON GRANTING A PAROLE, SETTING PAROLE CONDITIONS AND

                                VOTING ON PAROLE REVOCATIONS

 

22.510.9.1             ISSUING AGENCY:  New Mexico Parole Board.

[Recompiled 12/31/01]

 

22.510.9.2             SCOPE:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.9.3             STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.9.4             DURATION:  [Permanent]

[Recompiled 12/31/01]

 

22.510.9.5             EFFECTIVE DATE:  [Filed December 2, 1982]

[Recompiled 12/31/01]

 

22.510.9.6             OBJECTIVE:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.9.7             DEFINITIONS:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.9.8             VOTING ON GRANTING A PAROLE, SETTING PAROLE CONDITIONS AND VOTING ON PAROLE REVOCATIONS:  The provisions of this rule [now 22.510.9 NMAC] apply to all inmates and all parolees.  A majority of two board members is required to grant, deny, revoke a parole, or set parole conditions or approve a parole plan. If only two members of the board are present at any hearing and a tie vote results, then the matter will be deferred and resubmitted to the full board for decision.

[Recompiled 12/31/01]

 

HISTORY OF 22.510.9 NMAC:

Pre-NMAC History:  Material in this part was derived from that previously filed with the State Records Center:

PB 71-1, Parole Hearing Board, Procedures Manual, filed 11/17/71.

PB 76-1, Rules, Regulations, Procedures and Parole Board Statutes, filed 8/2/76.

PB 80-1, Rules, Regulations, Procedures and Parole Board Statutes (February 1979 Revision), filed 10/17/80.

PB Rule 82-8, Voting on Granting a Parole, Setting Parole Conditions and Voting on Parole Revocations, filed 12/2/82.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as PB Rule 82-9.

 

TITLE 22               COURTS

CHAPTER 510    PAROLE

PART 10               REMOVING OR ADDING PAROLE CONDITIONS

 

22.510.10.1          ISSUING AGENCY:  New Mexico Parole Board.

[Recompiled 12/31/01]

 

22.510.10.2          SCOPE:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.10.3          STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.10.4          DURATION:  [Permanent]

[Recompiled 12/31/01]

 

22.510.10.5          EFFECTIVE DATE:  [Filed December 2, 1982]

[Recompiled 12/31/01]

 

22.510.10.6          OBJECTIVE:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.10.7          DEFINITIONS:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.10.8          REMOVING OR ADDING PAROLE CONDITIONS:  The provisions of this paragraph [now 22.510.10.8 NMAC] apply to all parolees.  Any parolee, by going through his parole officer, may request that a condition of parole be removed, but the request must have the recommendation of his parole officer.  The parole officer who wishes to add or remove any condition of parole, must have the parole board's permission to change the parolee's certificate. In some cases, a personal interview may be requested.  In all instances, the request for addition or removal of parole conditions must state the reasons for the change.

[Recompiled 12/31/01]

 

HISTORY OF 22.510.10 NMAC:

Pre-NMAC History:  Material in this part was derived from that previously filed with the State Records Center:

PB 71-1, Parole Hearing Board, Procedures Manual, filed 11/17/71.

PB 76-1, Rules, Regulations, Procedures and Parole Board Statutes, filed 8/2/76.

PB 80-1, Rules, Regulations, Procedures and Parole Board Statutes (February 1979 Revision), filed 10/17/80.

PB Rule 82-9, Removing or Adding Parole Conditions, filed 12/2/82.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as PB Rule 82-7.

 

TITLE 22               COURTS

CHAPTER 510    PAROLE

PART 8                 VENUE FOR TRANSACTION OF PAROLE BOARD HEARINGS

 

22.510.8.1             ISSUING AGENCY:  New Mexico Parole Board.

[Recompiled 12/31/01]

 

22.510.8.2             SCOPE:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.8.3             STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.8.4             DURATION:  [Permanent]

[Recompiled 12/31/01]

 

22.510.8.5             EFFECTIVE DATE:  [Filed December 2, 1982]

[Recompiled 12/31/01]

 

22.510.8.6             OBJECTIVE:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.8.7             DEFINITIONS:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.8.8             VENUE FOR TRANSACTION OF PAROLE BOARD HEARINGS:  The provisions of this rule [now 22.510.8 NMAC] apply to all inmates.  Parole board hearings will be held at the following places, as applicable:

                A.            penitentiary of New Mexico;

                B.            satellite facilities established by the corrections department;

                C.            New Mexico state hospital, forensic hospital;

                D.            at the main office of the parole board;

                E.             at any place or jurisdiction where New Mexico inmates are confined.

[Recompiled 12/31/01]

 

HISTORY OF 22.510.8 NMAC:

Pre-NMAC History:  Material in this part was derived from that previously filed with the State Records Center:

PB 71-1, Parole Hearing Board, Procedures Manual, filed 11/17/71.

PB 76-1, Rules, Regulations, Procedures and Parole Board Statutes, filed 8/2/76.

PB 80-1, Rules, Regulations, Procedures and Parole Board Statutes (February 1979 Revision), filed 10/17/80.

PB Rule 82-7, Venue for Transaction of Parole Board Hearings, filed 12/2/82.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as PB Rule 82-5.

 

TITLE 22               COURTS

CHAPTER 510    PAROLE

PART 6                 WAIVER OF PAROLE HEARING

 

22.510.6.1             ISSUING AGENCY:  New Mexico Parole Board.

[Recompiled 12/31/01]

 

22.510.6.2             SCOPE:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.6.3             STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.6.4             DURATION:  [Permanent]

[Recompiled 12/31/01]

 

22.510.6.5             EFFECTIVE DATE:  [Filed December 2, 1982]

[Recompiled 12/31/01]

 

22.510.6.6             OBJECTIVE:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.6.7             DEFINITIONS:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.6.8             WAIVER OF PAROLE HEARING:

                A.            The provisions of Paragraph I [now Subsection A of 22.520.6.8 NMAC] apply to inmates serving indeterminate sentences for crimes committed prior to July 1, 1979, and to persons serving indeterminate life sentences for crimes committed on or after July 1, 1979.  Any inmate may waive, in writing, his initial or any subsequent parole hearing by signing the appropriate form.

                B.            The provisions of this paragraph [now Subsection B of 22.510.6.8 NMAC] apply to persons serving determinate sentences for crimes committed on or after July l, 1979. Any inmate in this category may waive, in writing, his right to a parole hearing and this has the effect of requiring him to serve his parole time in incarcerated status. He will discharge what would otherwise be his parole term in incarcerated status unless, prior to such time, he evidences his acceptances and agreement to the conditions of parole as required.

[Recompiled 12/31/01]

 

HISTORY OF 22.510.6 NMAC:

Pre-NMAC History:  Material in this part was derived from that previously filed with the State Records Center:

PB 71-1, Parole Hearing Board, Procedures Manual, filed 11/17/71.

PB 76-1, Rules, Regulations, Procedures and Parole Board Statutes, filed 8/2/76.

PB 80-1, Rules, Regulations, Procedures and Parole Board Statutes (February 1979 Revision), filed 10/17/80.

PB Rule 82‑5 Waiver of Parole Hearing, filed 12/2/82.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as PB Rule 82-6.

 

TITLE 22               COURTS

CHAPTER 510    PAROLE

PART 7                 WAIVER OF PAROLE HEARING BY OUT-OF-STATE INMATE

 

22.510.7.1             ISSUING AGENCY:  New Mexico Parole Board.

[Recompiled 12/31/01]

 

22.510.7.2             SCOPE:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.7.3             STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.7.4             DURATION:  [Permanent]

[Recompiled 12/31/01]

 

22.510.7.5             EFFECTIVE DATE:  [Filed December 2, 1982]

[Recompiled 12/31/01]

 

22.510.7.6             OBJECTIVE:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.7.7             DEFINITIONS:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.7.8             WAIVER OF PAROLE HEARING BY OUT-OF-STATE INMATE:  The provisions of this rule [now 22.510.7 NMAC] apply to all inmates.  Any inmate serving a New Mexico sentence, whether or not concurrent with a sentence served in a jurisdiction other than New Mexico in an out-of-state or federal institution, may waive his initial or other appearance, before the parole board by signing a waiver of personal or other appearance and the board will review his case administratively and enter a decision. The board will notify the inmate, in writing, of its decision.

[Recompiled 12/31/01]

 

HISTORY OF 22.510.7 NMAC:

Pre-NMAC History:  Material in this part was derived from that previously filed with the State Records Center:

PB 71-1, Parole Hearing Board, Procedures Manual, filed 11/17/71.

PB 76-1, Rules, Regulations, Procedures and Parole Board Statutes, filed 8/2/76.

PB 80-1, Rules, Regulations, Procedures and Parole Board Statutes (February 1979 Revision), filed 10/17/80.

PB Rule 82-6, Waiver of Parole Hearing by Out-Of-State Inmate, filed 12/2/82.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as PB Rule 82-3.

 

TITLE 22               COURTS

CHAPTER 510    PAROLE

PART 4                 EARLY REVIEW AFTER INITIAL DENIAL

 

22.510.4.1             ISSUING AGENCY:  New Mexico Parole Board.

[Recompiled 12/31/01]

 

22.510.4.2             SCOPE:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.4.3             STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.4.4             DURATION:  [Permanent]

[Recompiled 12/31/01]

 

22.510.4.5             EFFECTIVE DATE:  [Filed December 2, 1982]

[Recompiled 12/31/01]

 

22.510.4.6             OBJECTIVE:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.4.7             DEFINITIONS:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.4.8             EARLY REVIEW AFTER INITIAL DENIAL:  The provisions of Paragraph I [now 22.510.4.8 NMAC] apply to persons serving indeterminate sentences for crimes committed prior to July 1, 1979, and to persons serving indeterminate life sentences for crimes committed on or after July 1, 1979.  An inmate who has received an initial hearing and has been denied a parole may request an early review in the following manner:

                A.            submit request through caseworker;

                B.            request and caseworker’s recommendation will be submitted to the parole board;

                C.            in all instances the request for a review will state the compelling reason, if any, or the reasons for the requested review;

                D.            the parole board will advise applicant in writing of its decision.

[Recompiled 12/31/01]

 

HISTORY OF 22.510.4 NMAC:

Pre-NMAC History:  Material in this part was derived from that previously filed with the State Records Center:

PB 71-1, Parole Hearing Board, Procedures Manual, filed 11/17/71.

PB 76-1, Rules, Regulations, Procedures and Parole Board Statutes, filed 8/2/76.

PB 80-1, Rules, Regulations, Procedures and Parole Board Statutes (February 1979 Revision), filed 10/17/80.

PB Rule 82-3, Early Review After Initial Denial, filed 12/2/82.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as PB Rule 82-4.

 

TITLE 22               COURTS

CHAPTER 510    PAROLE

PART 5                 SUPPORT SUPERVISORY RELEASE CRITERIA

 

22.510.5.1             ISSUING AGENCY:  New Mexico Parole Board.

[Recompiled 12/31/01]

 

22.510.5.2             SCOPE:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.5.3             STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.5.4             DURATION:  [Permanent]

[Recompiled 12/31/01]

 

22.510.5.5             EFFECTIVE DATE:  [Filed December 2, 1982]

[Recompiled 12/31/01]

 

22.510.5.6             OBJECTIVE:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.5.7             DEFINITIONS:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.5.8             SUPPORT SUPERVISORY RELEASE CRITERIA:  The provisions of the rule apply only to inmates serving indeterminate sentences for crimes committed prior to July 1, 1979.  There is hereby adopted by the parole board the following practice to be applied in those instances where a resident of the New Mexico penitentiary is approaching a final release date, and to be followed only in those instances where the final release date is a minimum of six (6) months.  (This program involves considering parole for those inmates who have previously been denied parole but who will “final out” their sentences within six (6) months. Such releases are made on the theory that it is more appropriate to release “poor parole” risks under some form of supervision rather than to release them without any supervision at the termination of their sentences.)

                A.            A petition, which may be by letter, shall be submitted to the parole board seeking consideration under this procedure. In all instances the petition shall be accompanied with the recommendations of the case manager.

                B.            To be considered for this program, the petitioner must meet the minimum parole eligibility requirements.

[Recompiled 12/31/01]

 

HISTORY OF 22.510.5 NMAC:

Pre-NMAC History:  Material in this part was derived from that previously filed with the State Records Center:

PB 71-1, Parole Hearing Board, Procedures Manual, filed 11/17/71.

PB 76-1, Rules, Regulations, Procedures and Parole Board Statutes, filed 8/2/76.

PB 80-1, Rules, Regulations, Procedures and Parole Board Statutes (February 1979 Revision), filed 10/17/80.

PB Rule 82-4, Support Supervisory Release Criteria, filed 12/2/82.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as PB Rule 82-1.

 

TITLE 22               COURTS

CHAPTER 510    PAROLE

PART 2                 PAROLE HEARINGS

 

22.510.2.1             ISSUING AGENCY:  New Mexico Parole Board.

[Recompiled 12/31/01]

 

22.510.2.2             SCOPE:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.2.3             STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.2.4             DURATION:  [Permanent]

[Recompiled 12/31/01]

 

22.510.2.5             EFFECTIVE DATE:  [Filed December 2, 1982]

[Recompiled 12/31/01]

 

22.510.2.6             OBJECTIVE:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.2.7             DEFINITIONS:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.2.8             PAROLE HEARING:

                A.            The provisions of Paragraph I [now Subsection A of 22.510.2.8 NMAC] apply to persons serving determinate sentences for crimes committed on or after July 1, 1979, except for persons serving indeterminate life sentences for crimes committed on or after July 1,1979.

                    (1)     The purpose of a regular parole hearing with regard to inmates in this category is to set conditions of parole and to consider an appropriate parole plan for the inmate.

                    (2)     Inmates should appear before the board at least 90 days before their anticipated release on parole, except that an inmate who is trying to secure an out-of-state parole plan should appear at least 120 days before the board prior to his anticipated release date. (Regularly scheduled appearance dates are determined by the institution where the inmate is incarcerated).

                    (3)     Legal counsel for a prospective parolee is not permitted in a regular parole hearing. Visitors will not be permitted unless cleared by the chairman with consent of the other board members.

                    (4)     Inmates will be informed of the parole board’s decision within five (5) working days from the date of the hearing, unless the board informs the inmate that it will require more time to set parole conditions and to consider an appropriate parole plan.

                    (5)     Minutes of regular parole hearings will be kept by one of the board members or a designated staff person.

                    (6)     If it appears during a regular hearing that a translator and/or interpreter is needed in order that the inmate may communicate to the board and understand the proceedings, the board will provide one.

                    (7)     Regular parole hearings will be held at regularly scheduled times at the New Mexico penitentiary, satellite facilities or other places where New Mexico inmates are being confined.

                B.            The provisions of Paragraph II [now Subsection B of 22.510.2.8 NMAC] apply to inmates serving indeterminate sentences for crimes committed prior to July 1, 1979, and to inmates serving indeterminate life sentences for crimes committed on or after July 1, 1979.

                    (1)     There are three types of regular parole hearings:

                              (a)     the initial hearing, to which each inmate is entitled upon meeting the statutory requirements, at which time the inmate will appear in person, unless waived in writing;

                              (b)     review hearing;

                              (c)     special hearing.

                    (2)     All special reviews must be approved by the board before the hearing date.

                    (3)     Legal counsel for a prospective parolee is not permitted in a regular parole hearing. Visitors will not be permitted unless cleared by the chairman with the consent of the other board members.

                    (4)     Letters of recommendation concerning parole or job offers should be sent at least one month before the parole board hearing. A parole board docket for regular board hearings will be prepared and copies sent to the district court judges who committed the prospective parolees at least 30 days prior thereto.

                    (5)     Inmates will be informed of the parole board’s decision within a five (5) day period, unless the board informs the inmate that it will require more time to decide the case.

                    (6)     If parole is denied, reasons for denial will be provided the inmates. The inmates’ caseworker or the parole board will inform the inmates of the board’s decision.

                    (7)     Minutes of regular parole hearings are kept by one of the board members.

                    (8)     If it appears during a regular hearing that a translator and/or interpreter is needed in order that the inmate may communicate to the board and understand the proceedings, the board will provide one.

                    (9)     With respect to the parole of inmates sentenced by New Mexico courts who are confined in state institutions outside of New Mexico, if the state in which the inmate is located is party to the Western Interstate Corrections Compact, a parole hearing may be provided the inmate pursuant to the provisions of the Western Interstate Corrections Compact.

                    (10)     Meetings of the parole board held for the purpose of taking formal action upon a matter not requiring the presence of an inmate may be held at the office of the parole board.

                    (11)     Regular parole hearings will be held at regularly scheduled times at the New Mexico state penitentiary, satellite facilities or other places where New Mexico inmates are being confined.

[Recompiled 12/31/01]

 

HISTORY OF 22.510.2 NMAC:

Pre-NMAC History:  Material in this part was derived from that previously filed with the State Records Center:

PB 71-1, Parole Hearing Board, Procedures Manual, filed 11/17/71.

PB 76-1, Rules, Regulations, Procedures and Parole Board Statutes, filed 8/2/76.

PB 80-1, Rules, Regulations, Procedures and Parole Board Statutes (February 1979 Revision), filed 10/17/80.

PB Rule 82-1, Parole Hearings, filed 12/2/82.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as PB Rule 82-2.

 

TITLE 22               COURTS

CHAPTER 510    PAROLE

PART 3                 POLICY STATEMENT PERTAINING TO THE GRANTING OF PAROLE, DENIAL OF

                                PAROLE, REVOCATION OR RESCISSION OF PAROLE AND TO THE DISCHARGE

                                OF PAROLEE

 

22.510.3.1             ISSUING AGENCY:  New Mexico Parole Board.

[Recompiled 12/31/01]

 

22.510.3.2             SCOPE:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.3.3             STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.3.4             DURATION:  [Permanent]

[Recompiled 12/31/01]

 

22.510.3.5             EFFECTIVE DATE:  [Filed December 2, 1982]

[Recompiled 12/31/01]

 

22.510.3.6             OBJECTIVE:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.3.7             DEFINITIONS:  [RESERVED]

[Recompiled 12/31/01]

 

22.510.3.8             POLICY STATEMENT PERTAINING TO THE GRANTING OF PAROLE, DENIAL OF PAROLE, REVOCATION OR RESCISSION OF PAROLE AND TO THE DISCHARGE OF PAROLEE:

                A.            The provisions of Paragraph I [now Subsection A of 22.510.3.8 NMAC] apply to persons serving determinate sentences for crimes committed on or after July 1, 1979, except for persons serving indeterminate life sentences for crimes committed on or after July 1,1979.

                    (1)     Before release of an individual in this category, the board shall furnish to each inmate, as a prerequisite to his release under its supervision, a written statement of the conditions of parole which will be accepted and agreed to by the inmate as evidenced by his signature affixed to a duplicate copy to be retained in the files of the board. The board shall also require, as a prerequisite to release, the submission and approval of a parole plan which shall include, unless waived by the board, evidence of having secured gainful employment or satisfactory evidence of self support.

                    (2)     In setting conditions of parole and in approving a parole plan for the inmate, the following factors will be considered by the board:

                              (a)     the inmate’s employment history and his occupational skills and training, both civilian and/or military, and any skills he may have attained while in the corrections system;

                              (b)     the inmate’s plans, including proposed residence, proposed employment and other intended pursuits when released;

                              (c)     the inmate’s past use of narcotics, other controlled substances or excessive use of alcohol;

                              (d)     any pre-sentence or pre-release investigative reports prepared in with accordance with Section 31-21-9 NMSA 1978;

                              (e)     the inmate’s criminal record, including parole and probation history;

                              (f)     reports of physical and mental examinations as have been made, conclusions and recommendations made therein;

                              (g)     whether the inmate should be paroled for hospitalization/treatment;

                              (h)     the inmate’s institutional record;

                              (i)     the availability of community resources to assist the inmate when paroled;

                              (j)     whether or not parole costs are required to be included as a parole condition for a crime committed on or after June 19,1981, and the amount thereof;

                              (k)     whether or not victim restitution has been ordered by the court with accordance with Section 31-17-1 NMSA 1978;

                              (l)     any other factor which is deemed relevant by the board in a particular case.

                B.            The provisions of Paragraph II [now Subsection B of 22.510.3.8 NMAC] apply to persons serving indeterminate life sentences for crimes committed on or after July 1, 1979. Before ordering the parole of an inmate sentenced to life imprisonment in this category, the board shall:

                    (1)     interview the inmate at the institution where he is committed;

                    (2)     consider all pertinent information concerning the inmate including:

                              (a)     the circumstances of the offense;

                              (b)     mitigating and aggravating circumstances;

                              (c)     whether a deadly weapon was used in the commission of the offense;

                              (d)     whether an inmate is a habitual offender;

                              (e)     any pre-sentence or pre-release investigative reports filed under Section 31-21-9 NMSA 1978;

                              (f)     the reports of such physical and mental examinations as have been made while in prison; the board may require mental examinations in appropriate cases;

                    (3)     make a determination that parole is in the best interest of society and the inmate;

                    (4)     make a determination that the inmate is able and willing to fulfill the obligations of a law abiding citizen.

                C.            The provisions of Paragraph III [now Subsection C of 22.510.3.8 NMAC] apply to persons serving indeterminate sentences for crimes committed prior to July 1,1979. Where appropriate, the provisions of this section also apply to persons serving indeterminate life sentences for crimes committed on or after July 1, 1979.  In accordance with Section 31-21-25 NMSA 1978, the parole board hereby adopts a written policy specifying the criteria to be considered by the board in determining whether to grant, deny or revoke parole or to discharge a parolee from supervision.

                    (1)     With respect to the grant or denial of parole, the following criteria will be considered by the parole board in making a determination:

                              (a)     whether the inmate has given evidence of having secured gainful employment or satisfactory evidence of self-support;

                              (b)     whether the inmate can be released without detriment to himself or to the community;

                              (c)     whether the inmate is able and willing to fulfill the obligations of a law-abiding citizen;

                              (d)     criteria (1), (2) and (3) [now (a), (b) and (c)] must be met in order for an inmate to be paroled to the community.

                    (2)     In determining whether criteria (1), (2) and (3) [now (a), (b) and (c)] have been met, the following factors will be considered by the board:

                              (a)     the inmate’s ability and readiness to assume the obligations and responsibilities provided in the parole certificate;

                              (b)     the degree to which the inmate has close ties to family and friends;

                              (c)     the degree to which the type of residence or community in which the inmate plans to live is conducive to good behavior while on parole;

                              (d)     the inmate’s employment history and his occupational skills and training, both civilian and/or military, and any skills he may have attained while in the custody of the corrections department;

                              (e)     the inmate’s plans, including residence, employment and other intended pursuits if released;

                              (f)     the inmate’s past use of narcotics or excessive use of alcohol;

                              (g)     any recommendation made by the sentencing court, district attorneys, law enforcement agencies, and probation and parole officers;

                              (h)     the inmate’s conduct during his term of imprisonment;

                              (i)     any pre-sentence or pre-release investigative reports prepared in accordance with Section 31-21-9 NMSA 1978;

                              (j)     the inmate’s criminal record;

                              (k)     reports of physical and mental examinations as have been made, and conclusions and recommendations made therein; the board may require mental examinations in appropriate cases;

                              (l)     the inmate’s behavior and attitude during confinement;

                              (m)     the inmate’s behavior and attitude while on probation or parole from any other sentence and the recentness of such probation or parole;

                              (n)     the availability of community resources to assist the inmate if paroled;

                              (o)     the circumstances of the offense of which the inmate was convicted and sentenced;

                              (p)     any recommendations or comments filed with the board regarding the inmate’s suitability for parole;

                              (q)     the inmate’s previous social history, including his reputation in his home community;

                              (r)     the inmate’s positive efforts on behalf of others;

                              (s)     the inmate’s culture, language, values, mores, judgments, communicative ability and other unique qualities;

                              (t)     whether or not victim restitution has been ordered by the court;

                              (u)     whether or not parole costs are required to be included as a parole condition for a crime committed on or after June 19, 1981, and the amount thereof;

                              (v)     any other relevant factor deemed appropriate by the parole board in any particular case.

                D.            The provisions of paragraph IV [now Subsection D of 22.520.3.8 NMAC] apply to inmates serving indeterminate sentences for crimes committed prior to July 1, 1979, and to persons serving indeterminate life sentences for crimes committed on or after July 1, 1979.  With respect to the parole of an inmate in this category to a detainer or to a consecutive sentence, the following criteria will be considered by the board in making a determination:

                    (1)     The inmate must sufficiently demonstrate the attitude that he could, if released to the community, be able and willing to be a law-abiding citizen.

                    (2)     The inmate must sufficiently demonstrate the attitude that, if he were released to the community, he would not be a detriment to himself or to the community.

                    (3)     The parole of an inmate to a detainer or to a consecutive sentence must be in the best interest of the applicant and society.

                E.             The provisions of Paragraph V [now Subsection E of 22.510.3.8 NMAC] this section apply to all applicants for parole.  With respect to the parole of an inmate for hospitalization, the following criteria will be considered by the board in making a determination:

                    (1)     It must appear that the inmate needs and will benefit from physical or mental treatment.

                    (2)     It must appear that such treatment, if successful, would probably render the inmate a suitable candidate for parole to the community.

                F.             The provisions of Paragraph VI [now Subsection F of 22.510.3.8 NMAC] apply to all persons facing possible parole revocation.  With respect to the revocation of parole, the following criteria apply:

                    (1)     whether the parolee has violated a condition of parole. Whether the violation or violations of one or more conditions of parole demonstrate a disregard of or careless attitude towards the conditions of parole; whether the parolee, whose violation of parole is established, should be recommitted to the custody of the corrections department or should other steps be taken to protect society and improve chances of rehabilitation;

                    (2)     if the violation is sufficiently justified by the parolee, the board may continue parole or may enter any other order it deems appropriate;

                    (3)     if the violation is not established, the parolee will be reinstated on parole;

                    (4)     when a parolee has been returned to a correctional facility of the corrections department, bail or bond release cannot be accomplished by the parole board during final parole revocation hearing;

                    (5)     an electronic recording will be made of all violation hearings.

                G.            The provisions of Paragraph VII [now Subsection G of 22.510.3.8 NMAC] apply to persons serving determinate sentences for crimes committed on or after July 1, 1979.  With respect to the criteria to be considered by the board in determining whether to discharge a parolee, the following will be considered: persons serving determinate sentences will be discharged upon completion of the mandatory parole period and a certificate of parole discharge will be issued.

                H.            The provisions of Paragraph VIII [now Subsection H of 22.510.3.8 NMAC] apply to persons serving indeterminate sentences for crimes committed prior to July 1, 1979, and to persons serving indeterminate life sentences for crimes committed on or after July 1,1979.  With respect to the criteria to be considered by the board in determining whether to discharge a parolee, the following will be considered:

                    (1)     Upon recommendation by field services division, a parolee who has performed the obligations of his release for such time as will satisfy the board that his final release is not incompatible with his welfare and that of society, the board will, consistent with Subparagraphs 2 and 3 below, make final order of parole discharge to the parolee.

                    (2)     For persons sentenced for crimes committed prior to July 1, 1979, no such order of discharge will be made in any case within a period of less than one year after the date of parole release, except where the sentence expires prior thereto.

                    (3)     For persons serving life sentences for crimes committed on or after July 1, 1979, no such order of discharge shall be made in any case until after the parolee has served at least five (5) years on parole.

[Recompiled 12/31/01]

 

HISTORY OF 22.510.3 NMAC:

Pre-NMAC History:  Material in this part was derived from that previously filed with the State Records Center:

PB 71-1, Parole Hearing Board, Procedures Manual, filed 11/17/71.

PB 76-1, Rules, Regulations, Procedures and Parole Board Statutes, filed 8/2/76.

PB 80-1, Rules, Regulations, Procedures and Parole Board Statutes (February 1979 Revision), filed 10/17/80.

PB Rule 82-2, Policy Statement Pertaining to the Granting of Parole, Denial of Parole, Revocation or Rescission of Parole and to the Discharge of Parolee, filed 12/2/82.

 

History of Repealed Material: [RESERVED]

 

 
Return to NMAC homepage
 

TITLE 22               COURTS

CHAPTER 50       EDUCATION AND TRAINING

PART 20               MAGISTRATE COURT - MAGISTRATE JUDGES PRO TEMPORE

 

[This part was repealed on July 17, 2006.]

 

HISTORY OF 22.50.20 NMAC:

22.50.20 NMAC, Magistrate Court - Magistrate Judges Pro Tempore, filed 7-8-2005 - Repealed effective 7/17/2006.

 

 
Return to NMAC homepage
 

TITLE 22               COURTS

CHAPTER 50       EDUCATION AND TRAINING

PART 15               PROBATE COURTS - JUDGES

 

[This part was repealed on July 17, 2006.]

 

HISTORY OF 22.50.15 NMAC:

22.50.15 NMAC, Probate Courts - Judges, filed 7-8-2005 - Repealed effective 7/17/2006.

 

 
Return to NMAC homepage
 

TITLE 22               COURTS

CHAPTER 50       EDUCATION AND TRAINING

PART 17               DOMESTIC VIOLENCE SPECIAL COMMISSIONERS AND DOMESTIC RELATIONS

                                HEARING OFFICERS

 

[This part was repealed on July 17, 2006.]

 

HISTORY OF 22.50.17 NMAC:

22.50.17 NMAC, Domestic Violence Special Commissioners and Domestic Relations Hearing Officers, filed 7-8-2005 - Repealed effective 7/17/2006.

 

 
Return to NMAC homepage
 

TITLE 22               COURTS

CHAPTER 50       EDUCATION AND TRAINING

PART 12               MUNICIPAL COURTS - JUDGES

 

[This part was repealed on July 17, 2006.]

 

HISTORY OF 22.50.12 NMAC:

22.50.12 NMAC, Municipal Courts - Judges, filed 7-8-2005- Repealed effective 7/17/2006.

 

 
Return to NMAC homepage
 

TITLE 22               COURTS

CHAPTER 50       EDUCATION AND TRAINING

PART 10               MAGISTRATE COURTS - JUDGES

 

[This part was repealed on July 17, 2006.]

 

HISTORY OF 22.50.10 NMAC:

22.50.10 NMAC, Magistrate Courts - Judges, filed 7-8-2005- Repealed effective 7/17/2006.

 

 
Return to NMAC homepage
 

TITLE 22               COURTS

CHAPTER 50       EDUCATION AND TRAINING

PART 1                 GENERAL PROVISIONS

 

[This part was repealed on July 17, 2006.]

 

HISTORY OF 22.50.1 NMAC:

History of Repealed Material:

22.50.1 NMAC, General Provisions, filed 7-8-2005 - Repealed effective 7/17/2006.

 

 
Return to NMAC homepage
 
TITLE 22 - COURTS

CHAPTER 510

PAROLE

   
22.510.1 NMAC GENERAL PROVISIONS [RESERVED]  
22.510.2 NMAC PAROLE HEARINGS
22.510.3 NMAC POLICY STATEMENT PERTAINNIG TO THE GRANTING OF PAROLE, DENIAL OR PAROLE, REVOCATION OR RECISSION OF PAROLE AND TO THE DISCHARGE OF PAROLEE
22.510.4 NMAC REVIEW AFTER INITIAL DENIAL
22.510.5 NMAC SUPPORT SUPERVISORY RELEASE CRITERIA
22.510.6 NMAC WAIVER OF PAROLE HEARINGS
22.510.7 NMAC WAIVER OF PAROLE HEARING BY OUT-OF-STATE INMATE
22.510.8 NMAC VENUE FOR TRANSACTION OF PAROLE BOARD HEARING
22.510.9 NMAC VOTING ON GRANTING A PAROLE, SETTING PAROLE CONDITION AND VOTING ON PAROLE REVOCATION
22.510.10 NMAC REMOVING OR ADDING PAROLE CONDITIONS
22.510.11 NMAC APPOINTING AN ACTING CHAIRMAN
22.510.12 NMAC HEARING OFFICER REGULATIONS
22.510.13 NMAC ADMINISTRATIVE PROCEDURES
22.510.14 NMAC TIME LIMITS
22.510.15 NMAC PAROLE REVOCATION HEARINGS
22.510.16 NMAC RESCINDING PAROLE
22.510.17 - 99 NMAC [RESERVED] PARTS 17 - 99  
22.510.100 NMAC JUVENILE PUBLIC SAFETY ADVISORY BOARD
     
 
Return to NMAC homepage
 
TITLE 22 - COURTS

CHAPTER 50

EDUCATION AND TRAINING

   
22.50.1 NMAC GENERAL PROVISIONS [REPEALED]
22.50.2 - 9 NMAC [RESERVED] PARTS 2 - 9  
22.50.10 NMAC MAGISTRATE COURTS - JUDGES [REPEALED]
22.50.11 NMAC [RESERVED]  
22.50.12 NMAC MUNICIPAL COURTS - JUDGES [REPEALED]
22.50.13 - 14 NMAC [RESERVED] PARTS 13 - 14  
22.50.15 NMAC PROBATE COURTS - JUDGES [REPEALED]
22.50.16 NMAC [RESERVED]  
22.50.17 NMAC DOMESTIC VIOLENCE SPECIAL COMMISSIONERS AND DOMESTIC RELATIONS HEARING OFFICERS [REPEALED]
22.50.18 - 19 NMAC [RESERVED] PARTS 18 - 19  
22.50.20 NMAC MAGISTRATE COURT - MAGISTRATE JUDGES PRO TEMPORE [REPEALED]
     
 
Return to NMAC homepage
 

TITLE 22

COURTS

 
CHAPTERS 1 - 49 [RESERVED]
CHAPTER 50 EDUCATION AND TRAINING
CHAPTERS 51 - 99 [RESERVED]
CHAPTER 100 JUDICIAL STANDARDS - GENERAL PROVISIONS [RESERVED]
CHAPTERS 101 - 509 [RESERVED]
CHAPTER 510 PAROLE
   
 
Return to NMAC homepage
 
TITLE 1 - GENERAL GOVERNMENT ADMINISTRATION

CHAPTER 13

PUBLIC RECORDS

   
1.13.1 NMAC GENERAL PROVISIONS [REPEALED]
1.13.2 NMAC FEES
1.13.3 NMAC MANAGEMENT OF ELECTRONIC RECORDS
1.13.4 NMAC RECORDS MANAGEMENT REQUIREMENTS FOR ELECTRONIC MESSAGING
1.13.5 NMAC NEW MEXICO HISTORICAL RECORDS GRANT PROGRAM GUIDELINES
1.13.6 NMAC NEW MEXICO HISTORICAL RECORDS SCHOLARSHIP PROGRAM GUIDELINES
1.13.7 NMAC New Mexico OFFICE OF THE STATE HISTORIAN scholars program
1.13.8 NMAC NEW MEXICO OFFICE OF THE STATE HISTORIAN SERVICE LEARNING STUDENT INTERNSHIP PROGRAM
1.13. 9 NMAC NEW MEXICO HISTORICAL RECORDS ADVISORY BOARD
1.13.10 NMAC RECORDS CUSTODY, ACCESS, STORAGE AND DISPOSITION
1.13.11 NMAC ACCESS TO PUBLIC RECORDS, RESEARCH IN THE NEW MEXICO ARCHIVES
1.13.12 - 19 NMAC [RESERVED] PARTS 12-19  
1.13.20 NMAC STORAGE OF DISASTER RECOVERY BACKUP FILES AT THE STATE COMMISSION OF PUBLIC RECORDS - STATE RECORDS CENTER AND ARCHIVES
1.13.21 - 29 NMAC [RESERVED] PARTS 21-29  
1.13.30 NMAC DESTRUCTION OF PUBLIC RECORDS AND NON-RECORDS
1.13.31 - 39 NMAC [RESERVED] PARTS 31-39  
1.13.40 NMAC PRIVATE COLLECTION DEVELOPMENT POLICY
1.13.41 - 49 NMAC [RESERVED] PARTS 41-49  
1.13.50 NMAC GUIDELINES FOR RECORD KEEPING SYSTEMS [RESERVED]  
1.13.51 - 69 NMAC [RESERVED] PARTS 51-69  
1.13.70 NMAC PERFORMANCE GUIDELINES FOR THE LEGAL ACCEPTANCE OF PUBLIC RECORDS PRODUCED BY INFORMATION TECHNOLOGY SYSTEMS
     
 
Return to NMAC homepage
 

TITLE 1                 GENERAL GOVERNMENT ADMINISTRATION

CHAPTER 12       INFORMATION TECHNOLOGY

PART 20               INFORMATION SECURITY OPERATION MANAGEMENT

 

1.12.20.1               ISSUING AGENCY.  Department of Information Technology.

[1.12.20.1 NMAC - N/E, 04/14/2010]

 

1.12.20.2               SCOPE.  This rule applies to all executive branch agencies, and any other state entity which utilizes the state information technology (IT) infrastructure, contractors and subcontractors and any other non-state government staff members, and outsourced third parties, who have access to, store, or manage state government information on site at a state agency or off-site, as approved by a state agency.

[1.12.20.2 NMAC - N/E, 04/14/2010]

 

1.12.20.3               STATUTORY AUTHORITY.  NMSA 1978 Section 9-27-6 F (3) and 9-27-6 I (1).

[1.12.20.3 NMAC - N/E, 04/14/2010]

 

1.12.20.4               DURATION.  Permanent.

[1.12.20.4 NMAC - N/E, 04/14/2010]

 

1.12.20.5               EFFECTIVE DATE.  April 14, 2010, unless a later date is cited at the end of a section.

[1.12.20.5 NMAC - N/E, 04/14/2010]

 

1.12.20.6               OBJECTIVE.  The purpose of this rule is to establish security operation management practices for executive branch agencies and any other state entity which utilizes the state information technology (IT) infrastructure in the operation of their information technology (IT) systems and infrastructure/networks. This rule encompasses all systems, automated and manual, for which the state has administrative responsibility, including systems managed or hosted by third parties on behalf of a state agency.

[1.12.20.6 NMAC - N/E, 04/14/2010]

 

1.12.20.7               DEFINITIONS.  Defined terms apply to this rule and all other rules promulgated by the secretary and adopted by the information technology commission.

                A.            "Act" means the Department of Information Technology Act, NMSA 1978 9-27-1 et seq.

                B.            "Agency" means an executive branch agency of the state or any other state entity which uses the state IT infrastructure.

                C.            "Architectural configuration requirement (ACR)" means the technical specifications for information architecture and information technology system purchases for agencies.

                D.            "CIO" means chief information officer and refers to the secretary of the department as chief information officer of the state or any agency CIO.

                E.             "Commission" means the information technology commission.

                F.             "Department or DoIT" means the department of information technology.

                G.            "Exception" means a request, limited in scope and duration, granted by the department allowing an agency an exclusion from compliance with a rule, ACR or guideline.

                H.            "Firewall" means a part of a computer system or network designed to block unauthorized access while permitting authorized communications. It is a device or set of devices which is configured to permit or deny computer based applications based upon a set of rules and other criteria.

                I.              "Individual" means a natural person, a human being.

                J.             "Information owner" means the individual or individuals held managerially and financially accountable for a dataset and who have legal ownership rights to a dataset even though the dataset may have been collected/collated/disseminated by another party.

                K.            "Information security officer ("ISO") means a senior-level executive within an organization responsible for establishing and maintaining the enterprise vision, strategy and program to ensure information assets are adequately protected

                L.            "Information technology ("IT") means computer hardware, software and ancillary products and services including:  systems design and analysis, acquisition, storage and conversion of data; computer programming, information storage and retrieval, voice, radio, video and data communications, requisite systems, simulation and testing, and related interactions between users and information systems.

                M.           "Information technology project" means the purchase, replacement, development or modification of an IT component or system.

                N.            "IT asset" means all elements of software and hardware found in an IT environment.

                O.            "Malicious code" is the term used to describe any code in any part of a software system or script intended to cause undesired effects, security breaches or damage to a system. Malicious code describes a broad category of system security terms that includes attack scripts, viruses, worms, Trojan horses, backdoors, and malicious active content.

                P.            "Network segregation" means controlling the security of networks by dividing them into separate secure networks. Security measures can then be applied to further segregate the network environments.

                Q.            "Password" means a secret series of characters that enables a user to access a file, computer, or program. On multi-user systems, each user must enter his or her password before the computer will respond to commands. The password helps ensure that unauthorized users do not access the computer. In addition, data files and programs may require a password.

                R.            "Person" means an individual, association, organization, partnership, firm, syndicate, trust, corporation, and every legal entity.

                S.            "Portable computing devices or removable media devices" means, but is not limited to, removable media such as thumb or USB drives, external hard drives, laptop or desktop computers, mobile/cellular phones, smartphones or personal digital assistants (PDA's) owned by or purchased by agency employees, contract personnel, or other non-state user(s).

                T.            "Privileged accounts" means accounts required for systems to function; they are frequently used by system administrators in their performance of their job duties. These special system privileges are primarily used when major changes to the system are necessary by administrators.

                U.            "Rule" means any rule promulgated by the department for review and approval by the commission which requires compliance by executive agencies and any other state user of the state IT infrastructure.

                V.            "Secretary" means the secretary of the department of information technology.

                W.           "Segregation of security duties" means disseminating the tasks and associated privileges for a specific business process among multiple users to reduce the potential for damage from the actions of one person. IT staff should be organized in a manner that achieves adequate separation of duties in the agency.

                X.            "State" means New Mexico, or, when the context indicates a jurisdiction other than New Mexico, any state, district, commonwealth, territory, or possession of the United States.

                Y.            "State CIO" means the cabinet secretary of the department of information technology.

                Z.            "State information architecture" means a logically consistent set of principles, policies and standards that guides the engineering of state government’s information technology systems and infrastructure in a way that ensures alignment with state government’s business needs.

                AA.         "State information technology strategic plan" means the information technology planning document for the state that spans a three-year period.

                BB.         "Virtual private network ("VPN") means a network that uses a public telecommunication infrastructure, such as the internet, to provide remote offices or individual users with secure access to their organization's network.  These systems use encryption and other security mechanisms to ensure that only authorized users can access the network and that the data cannot be intercepted.

[1.12.20.7 NMAC - N/E, 04/14/2010]

 

1.12.20.8               DOCUMENTATION OF SECURITY OPERATIONS:

                A.            All agency IT technical operations shall have documented security operating instructions, management processes, and formal incident management procedures in place that define roles and responsibilities of individuals who operate or use agency IT technical operations and facilities.

                B.            Where one agency provides a server, application, or network services to another agency, operational and management responsibilities shall be coordinated by the CIOs of both agencies.

                C.            All agencies shall develop procedures for conducting background investigations on IT employees or contractors as required by state law, NMSA 1978 9-27-6 C (15) and D.

[1.12.20.8 NMAC - N/E, 04/14/2010]

 

1.12.20.9               SEGREGATION OF SECURITY DUTIES:  Segregation of duties is required to reduce the risk of accidental or deliberate damage to the state or agency IT system through misuse by a person or persons. In small agencies in which separation of duties is difficult to achieve, with the approval of DoIT, the agency shall implement compensatory controls including, but not limited to, actively monitoring its IT operations, audit trails, and by regularly documented management supervision.

[1.12.20.9 NMAC - N/E, 04/14/2010]

 

1.12.20.10             NETWORK MANAGEMENT:  All agencies shall implement a range of network controls to maintain security in its trusted, internal network, and to ensure the protection of connected services and networks.  Such controls help prevent unauthorized access and use of the agencies’ private networks. The following controls, at minimum, shall be implemented:

                A.            individuals with operational responsibility for networks shall be separate from those with computer operations responsibility; responsibilities and procedures for remote access shall be established;

                B.            controls, such as data encryption, shall be implemented to safeguard data integrity and the confidentiality of data passing over public networks (internet);

                C.            all client-based VPN connections shall have split tunneling disabled; VPN connections to the agency are only permitted from agency managed VPN devices;

                D.            agencies’ networks shall implement private address routing to public addresses when sending over the internet to minimize the exposure of public routable addresses;

                E.             firewall policies shall be configured to accept only inbound and outbound data traffic which is required based on business needs; all other data traffic should be denied;

                F.             firewall policies shall take into account the source and destination of the traffic in addition to the content;

                G.            data traffic with invalid or private addresses shall be default blocked from delivery;

                H.            proposed modifications to network and security equipment must be requested and approved for implementation through the agency change management procedure;

                I.              to prevent unauthorized modifications of the firewall configuration, the firewall administrator must review the firewall configuration quarterly;

                J.             any form of cross-connection, which bypasses the firewall, is strictly prohibited;

                K.            remote firewall administration must be performed over secure channels (e.g., encrypted network connections using SSH or IPSEC) or console access;

                L.            details of firewall, and security devices type, software versions, and configuration data will not be disclosed without the permission of the agency CIO;

                M.           agencies shall define security zones and create logical entities and rules for what comprises permissible data and network traffic between different agency business units; and

                N.            agencies shall perform network segmentation to control the flow of data between hosts on different segments of the network to provide enhanced security, network performance, and connectivity.

[1.12.20.10 NMAC - N/E, 04/14/2010]

 

1.12.20.11             PRIVILEGED ACCOUNTS MANAGEMENT:  The issuance and use of privileged accounts in agencies shall be restricted and controlled by system administrator management in the agency.

                A.            Agencies shall develop processes to ensure that if a privilege account is issued, the use of such privileged accounts is monitored by the manager of system administration, or the CIO.

                B.            Agencies shall promptly investigate any suspected misuse of these accounts by the manager of system administration or DoIT or an agency approved independent contractor.

                C.            Agencies shall change passwords of system privileged accounts no less than every 60 days.

[1.12.20.11 NMAC - N/E, 04/14/2010]

 

1.12.20.12             ACCESS CONTROL POLICY:  To preserve the integrity, confidentiality, and availability of the system and the data, the agency’s information assets shall be protected by logical as well as physical access control mechanisms commensurate with the value and sensitivity of the system, the ease of recovery of the assets and the direness of consequences, legal or otherwise, if the loss or compromise were to occur.

                A.            Agencies’ CIOs are responsible for determining who shall have access to sensitive and protected information resources within the agency. Access privileges shall be granted by the CIO in accordance with the particular user’s role and job responsibilities in the agency.

                B.            Agency enforcement of its access control policy shall be verified during an independent annual risk assessment which shall be performed by DoIT or a DoIT approved contractor.

[1.12.20.12 NMAC - N/E, 04/14/2010]

 

1.12.20.13             OPERATING SYSTEM ACCESS CONTROL:

                A.            Access to agency operating system code, commands and services shall be restricted to individuals with specialized skills such as systems programmers, database administrators, network, and security administrators who require access to perform their daily job responsibilities.

                    (1)     Each of these individuals who are given access shall have assigned to them a unique privileged account (user ID).

                    (2)     User IDs shall not disclose nor provide any indication of the user's supervisor, manager, administrator, or privilege level.

                B.            To allow administrator activities to be tracked to the individual responsible for the work or changes to the system, such as system programmers, database administrators, network administrators and security administrators, a second user ID shall be provided for use when the particular individual performs necessary business transactions unrelated to his or her regular job functions (operating system, database, network and security functions), such as accessing an employee’s electronic records.

                C.            Under some agency specific circumstances, where there is a clear business requirement or system limitation, the use of a shared user ID/password for a group of users or a specific job can be used by obtaining written approval by the agency ISO and agency CIO.  In such situations, additional controls shall be implemented by the agency to ensure accountability of the device operating system is maintained.

                D.            Where technically feasible, default administrator accounts shall be renamed, removed, or disabled. The default passwords for these accounts shall be changed if the account is retained, even if the account is renamed or disabled.

[1.12.20.13 NMAC - N/E, 04/14/2010]

 

1.12.20.14             APPLICATION ACCESS CONTROL:

                A.            Access to agency business and systems applications shall be restricted to those individuals who have an identified business need to access those applications or systems in the performance of their job responsibilities.

                B.            Access to source code for applications and systems shall be restricted; any such access shall be further restricted so that only authorized agency staff and agency supervised contractors can access those applications and systems for which they directly provide support.

[1.12.20.14 NMAC - N/E, 04/14/2010]

 

1.12.20.15             NETWORK ACCESS CONTROL:  Access to an agency’s trusted internal network shall require all agency authorized users to authenticate themselves through use of an individually assigned user ID or other agency approved authentication mechanism (e.g., password, token, smart card). Network controls shall be developed and implemented by the agency to ensure that an authorized user can access only those network resources and services necessary to perform their assigned job responsibilities.

[1.12.20.15 NMAC - N/E, 04/14/2010]

 

1.12.20.16             USER AUTHENTICATION FOR EXTERNAL CONNECTIONS (REMOTE ACCESS CONTROL):

                A.            To maintain information security, agency must require through published policies and procedures consistent with these rules, that individual accountability shall be maintained at all times, including during remote access.

                B.            Connection to the agency’s networks shall be provided in a secure manner to preserve the integrity of the network, to preserve the data transmitted over that network, and to maintain the availability of the network. Security mechanisms shall be in place to control remote access to agency systems and networks from fixed or mobile locations.

                C.            Approval for any such remote connection shall first be obtained from the agency management and the agency CIO or ISO.  Prior to approval being granted, the CIO shall review the request to determine what needs to be accessed and what method of access is desired and document the risks involved and technical controls required for such connection to take place.

                D.            Because of the level of risk inherent with remote access, the agency shall require use of a stronger password or another comparable method of protection prior to allowing connection to any agency network. Users shall be informed that all sessions performed remotely are subject to periodic and random monitoring by the agency.

                E.             When accessing an agency network remotely, identification and authentication of the user shall be performed by the remote access system (VPN) in such a manner as to not disclose the password or other authentication information that could be intercepted and used by a third-party.

                F.             All remote connections to an agency computer shall be made through managed central points-of-entry or “common access point.” Using this type of entry system to access an agency computer provides simplified and cost effective security, maintenance, and support.

                G.            Vendors which may be provided access to agency computers or software, will be required to have individual accountability. For any agency system (hardware or software) for which there is a default user ID or password that came with the system for use in set up or periodic maintenance of the system , that account shall be disabled until the user ID is needed and requested.  Any activity performed while a vendor user ID is in use shall be logged on the remote access system by an external logger. Since such maintenance accounts are not regularly used, the vendor user ID shall be disabled, the password changed, and other controls shall be implemented by the agency to prevent or monitor unauthorized use of these privileged accounts during periods of inactivity.

                H.            In special cases wherein servers, storage devices, or other computer equipment has the capability to automatically connect to a vendor in order to report problems or suspected problems, the agency ISO shall review any such connection and process to report certain events back to the system’s manufacturer for performance “tuning” to ensure that such connectivity does not compromise the agency or other third-party connections.

                I.              Agency personnel will only be allowed to work from a remote location upon authorization by the CIO and agency management.  Once approved, appropriate arrangements shall be made pursuant to agency written policy and procedures, consistent with this rule, to ensure the work environment at the remote location provides adequate security for transmission of agency data and protection of computing resources.  The agency shall identify to the user the appropriate protection mechanisms necessary to protect against theft of agency equipment, unauthorized disclosure of agency information, misuse of agency equipment, unauthorized access to the agency internal network, or facilities by anyone besides the specifically identified  and approved user, including family and friends. To ensure the proper security controls are in place and all state security standards are followed, the agency will approve remote access after consideration and documentation of their review following:

                    (1)     the physical security of the remote location, including the use of any portable devices at any location other than an employee’s approved work station;

                    (2)     the method of transmitting information given the sensitivity of agency’s internal system; and

                    (3)     clearly defined business continuity procedures, including the capability of backing up critical information.

                J.             The following access system controls shall be implemented.  Agency ISO or CIO shall monitor and audit their use:

                    (1)     a definition of the type of information accessed (such as sensitive or confidential information under HIPAA) and the systems and services that the remote user is authorized to access;

                    (2)     procedures and end user system requirements for secure remote access, such as authentication tokens or passwords, shall be documented by the agency including provisions for revocation of authorization and return of equipment to the agency;

                    (3)     access system support and usage procedures provided to the users;

                    (4)     implementation of suitable network boundary controls to prevent unauthorized information exchange between agency networks connected to remote computers and externally connected networks, such as the internet; such measures shall include firewalls and intrusion detection techniques at the remote location; and

                    (5)     physical security of the equipment used for remote access (e.g. such as cable locking device, or locking computer cabinet/secure storage area).

[1.12.20.16 NMAC - N/E, 04/14/2010]

 

1.12.20.17             DEDICATED NETWORK CONNECTIONS:

                A.            The internet is inherently insecure, access to the internet is prohibited from any device that is connected (wired or wireless) to any part of the state network unless such access is authorized via exception signed by the state CIO.  Such access includes accounts with third-party internet service providers.

                B.            Any dedicated network connection from the agency network to any external network (either within or outside state government) shall be first approved in writing by the DoIT.

                C.            Dedicated network connections shall be allowed after the requesting agency has presented its proposed network architecture for approval by the DoIT; DoIT will approve if the proposal has acceptable security controls and procedures in place, and appropriate security measures have been implemented by the agency to protect state network resources.  The agency shall perform a risk analysis of the connection to ensure that the connection to the external network shall not compromise the agency’s private network.  The agency may require that additional controls, such as the establishment of firewalls and a DMZ (demilitarized zone) be implemented between the third-party connection and the agency.

                    (1)     The business case for the dedicated connection is still valid and the dedicated connection is still required.

                    (2)     The security controls are in place (e.g., filters, rules, access control lists) are current and are functioning correctly.

                D.            The dedicated connection to the agency network shall be accomplished by the agency in a secure manner to preserve the integrity of the agency network, preserve the integrity of the data transmitted over that network, and the availability of the network to the agency. Security requirements for each connection shall be assessed individually and permission to use such connection shall be driven by the specific business needs of the agency. Only agency CIO-approved and qualified staff or agency CIO-approved and qualified third-party shall be permitted to use sniffers or similar technology on the network to monitor operational data and security events.

                E.             The agency ISO or designee shall every six (6) months review external network connections, audit trails and system logs for abuses and anomalies.

                F.             Any agency-approved third-party network or workstation connection to an agency network shall:

                    (1)     have written justification in the form of a clear business case provided to the agency CIO for any such  network connection;

                    (2)     sign an agency non-disclosure agreement (“NDA”); the non-disclosure agreement shall be signed by a duly appointed representative from the third-party organization who is legally authorized to sign such an agreement;

                    (3)     have equipment in place that conforms to this rule and any other applicable state security standards, complies with the agency’s technical architecture, and be approved in writing by the agency CIO; and

                    (4)     use encryption to ensure the confidentiality and integrity of any sensitive or confidential data passing over the external network connection.

[1.12.20.17 NMAC - N/E, 04/14/2010]

 

1.12.20.18             NETWORK SEGREGATION:  When an agency desires to connect its network to any other third party network or its network becomes a segment on a larger network, controls shall be in place to prevent access by users from other connected networks to sensitive areas of the agency’s private network.  Such connection must first be approved by the agency CIO.  Firewalls or other agency approved technologies shall be implemented to control access to secured resources on the trusted agency network.   If any such third party network connections are contemplated, the agency CIO must first approve and receive approval from the state CIO.

[1.12.20.18 NMAC - N/E, 04/14/2010]

 

1.12.20.19             WIRELESS NETWORKS, BLUETOOTH, AND RADIO FREQUENCY IDENTIFICATION:

                A.            No wireless network or wireless access point shall be installed prior to an agency performed risk assessment and the written approval of the agency CIO.

                B.            Suitable controls, such as media access control (MAC), address restriction, authentication, and encryption, shall be implemented by the agency to ensure that a wireless network or access point cannot be exploited to disrupt agency information services or to gain unauthorized access to agency information. When selecting wireless technologies, such as 802.11x or its predecessors or its successor, wireless network security features on the equipment shall be available and implemented at the time of deployment.

                C.            Access to systems that hold sensitive information or the transmission of protected or sensitive information via a wireless network is not permitted unless and until appropriate and adequate measures have been implemented and approved by the state CIO. Such measures shall include authentication, authorization, encryption, access controls, and logging.

[1.12.20.19 NMAC - N/E, 04/14/2010]

 

1.12.20.20             USER REGISTRATION AND MANAGEMENT:

                A.            A user management process shall be established, documented and provided to all IT staff of the agency which outlines and identifies all aspects of user management including the generation, distribution, modification, and deletion of user accounts. This process shall ensure that only authorized individuals have access to agency applications and information and that such users only have access to the resources required to perform authorized services.

                B.            The user management process shall include the following sub-processes:

                    (1)     how to enroll new users;

                    (2)     how to remove user IDs;

                    (3)     how to grant a “privileged account” to a user;

                    (4)     how to remove “privileged accounts” from a user;

                    (5)     how the agency defines “periodic review” of “privileged accounts”;

                    (6)     how the agency defines “periodic review” of users enrolled in any state IT system;

                    (7)     how to assign a new authentication token (e.g. password reset processing); and

                    (8)     how proper enforcement of user management shall be verified during an independent annual risk assessment.

                C.            The appropriate information owner or other authorized officer shall make requests for the registration and granting of any data access rights.

                D.            For applications that interact with individuals who are not employees of the agency, including but not limited to employees of other state agencies, approved contractors or approved vendors, the information owner is responsible for ensuring an appropriate user management process is implemented. Standards for the registration of such external users shall be defined by the agency CIO, to include what credentials shall be provided to prove the identity of the user requesting registration, validation of the request, and the scope of access that may be provided.

[1.12.20.20 NMAC - N/E, 04/14/2010]

 

1.12.20.21             USER PASSWORD MANAGEMENT:  Password protocols shall be developed consistent with state standards and implemented to ensure all authorized individuals accessing agency resources follow 1.12.11 NMAC Enterprise Architecture. Such password protocols shall be mandated by automated system controls whenever possible. Password protocols should include, but not be limited to:

                A.            compliance with 1.12.11.16 NMAC (Security Password rule);

                B.            prohibiting the storage of passwords in clear text;

                C.            prohibiting the use of passwords that could be easily guessed or subject to disclosure through a dictionary attack;

                D.            direction for keeping passwords confidential;

                E.             prohibiting any and all password sharing;

                F.             directing users to change passwords at regular intervals;

                G.            direction for changing temporary passwords at the first logon;

                H.            enforcing the implementation standard password formats to include a mix of alphabetic, numeric, special, and upper/lower case characters;

                I.              automated logon processes which must be approved by agency CIO;

                J.             implementing state password standards and protocols on agency computing resources; and

                K.            verifying proper enforcement of password management by the agency during an annual independent risk assessment.

[1.12.20.21 NMAC - N/E, 04/14/2010]

 

1.12.20.22             PROHIBITION OF USE OF PERSONAL COMPUTING DEVICES ON STATE EQUIPMENT OR SYSTEMS:

                A.            Connecting any computing device not owned by the state of New Mexico to a state network or to any state computing device is prohibited unless authorized in writing by the agency CIO.

                B.            Installation of any software, executable or other file to any state computing device is prohibited if that software, executable, or other file was downloaded by, is owned by, or was purchased by an employee or contractor with his or her own funds.

                C.            Installation of downloaded software, executables, or other files to any state computing device is prohibited when downloaded or installed by an employee or contractor for personal use. Downloaded software, executable, or other files include, but are not limited to: SKYPE, music files or other software, and personal photos.

[1.12.20.22 NMAC - N/E, 04/14/2010]

 

1.12.20.23             VULNERABILITY SCANNING:

                A.            All state owned computing devices that are, or will be, accessible from outside the agency network shall be scanned by DoIT, DoIT-approved contractor or DoIT-approved agency IT staff for vulnerabilities and weaknesses prior to installation on the state network and following any changes made to the software, operating system, or configuration.

                B.            For both internal and external systems, scans shall be performed at least annually by DoIT or a DoIT-approved contractor to ensure that no major vulnerabilities have been introduced into the environment. The frequency of additional scans shall be determined by the agency ISO; such determination shall depend upon the criticality and sensitivity of the information on the system.

                C.            Network vulnerability scanning shall be conducted after any new network software or hardware has been installed and after major configuration changes have been made on critical and essential agency systems.

                D.            Output from the scans shall be reviewed immediately by the agency IT staff or agency ISO and the results communicated to the agency CIO.

                E.             Any vulnerability detected as a result of a scan shall be immediately evaluated for risk and actions shall be taken by the agency to mitigate such risk.

                F.             Tools used to scan for vulnerabilities shall be updated quarterly to ensure that any recently discovered vulnerabilities are included in any scans.

                G.            If an agency has outsourced a server, application, or network services to another agency, the responsibility for vulnerability scanning shall be coordinated by both agencies.

                H.            Anyone authorized to perform vulnerability scanning shall have its process defined, documented, tested, and followed at all times to minimize the possibility of disruption of services. Reports of exposures to vulnerabilities shall immediately be forwarded to the agency CIO and agency general counsel.

                I.              Any vulnerability scanning other than that performed by an agency ISO shall be conducted only by qualified individuals or organizations contracted with or otherwise authorized in writing by the agency’s CIO.

[1.12.20.23 NMAC - N/E, 04/14/2010]

 

1.12.20.24             PENETRATION AND INTRUSION TESTING:  All state computing infrastructures that provide information through a public network, either directly or through another dedicated circuit, and that provide information externally (such as through the world-wide web), shall be subject to annual independent penetration analysis and intrusion testing by qualified, independent third-party contractor approved by DoIT.

                A.            Penetration analysis and testing shall be used to determine whether:

                    (1)     a user can make an unauthorized change to an application;

                    (2)     a user can access the application and cause it to perform unauthorized tasks;

                    (3)     an unauthorized individual can access, destroy or change any data;

                    (4)     an unauthorized individual may access the application and cause it to take actions unintended by the application designer(s).

                B.            The output of the penetration testing and intrusion testing shall be reviewed by the agency ISO and any vulnerability detected shall be evaluated for risk and steps taken to mitigate the risk.

                C.            Any tools used to perform the penetration testing shall be kept updated to ensure that recently discovered vulnerabilities are included in any future testing.

                D.            Where an agency has outsourced a server, application, or network services to another agency, independent penetration testing shall be coordinated by both agencies.

                E.             Only an individual or individuals authorized in writing by the agency shall perform penetration testing. The agency ISO shall notify DoIT security staff two business days prior to any penetration test. Any attempt by the agency to perform penetration testing without prior notice to DoIT shall be deemed an unauthorized access attack which shall be reported to the state CIO.

                F.             All documents pertaining to security penetration tests, security investigations, security data and reports shall be categorized as sensitive and protected from public disclosure.  Counsel for the agency shall review and approve such information to ensure compliance with state law.

[1.12.20.24 NMAC - N/E, 04/14/2010]

 

1.12.20.25             PROTECTION AGAINST MALICIOUS CODE:

                A.            Software and any other mechanism to prevent intrusions shall be implemented across agency systems to prevent as well as detect the introduction of malicious code. The introduction of malicious code can cause serious damage to networks, workstations, and business data.

                B.            Agency users shall be informed of the dangers of unauthorized or malicious code.

                C.            Agency shall implement controls to, first, detect and then prevent any computer virus from being introduced to the agency environment. The types of controls and frequency of updating signature files shall be dependent on the value and sensitivity of the information at risk.

                D.            For most agency workstations, virus signature files shall be kept updated by the agency system administrator. On host systems or servers, the signature files shall be updated when the virus software vendor’s signature files are updated and made available.

[1.12.20.25 NMAC - N/E, 04/14/2010]

 

1.12.20.26             SYSTEM SECURITY CHECKING:

                A.            Systems that process or store sensitive or confidential information or services that provide support for critical services shall undergo technical security reviews by agency system administrators to ensure compliance with implementation standards  and rules as promulgated by DoIT and check for vulnerabilities to threats discovered subsequent to the review.  Technical reviews of systems and services essential to the support of critical agency functions shall be conducted by agency system administrators at least once every year. Random reviews of all systems and services shall be conducted at least once every 24 months.

                B.            Any deviations from expected or required results, as defined by the agency CIO or ISO which are detected by the technical security review shall be reported to the agency CIO and the agency ISO and shall be corrected immediately. Agency staff shall also be advised of such deviations and agency shall investigate deviations (including the review of system activity log records, if necessary) and provide results of investigation to agency ISO and CIO.

[1.12.20.26 NMAC - N/E, 04/14/2010]

 

1.12.20.27             PORTABLE DEVICES AND REMOVABLE MEDIA:

                A.            All state owned portable computing resources and removable media shall be secured to prevent compromise of confidentiality or integrity of information. All portable computing devices and removable media must be protected by a password.

                B.            No portable and removable media computing devices may store or transmit sensitive information without suitable protective measures approved by the agency CIO.

                C.            An agency user of portable computing devices such as notebooks, PDAs, laptops, and mobile phones, Smartphones, or any other such then current portable devices, shall obtain the approval from the agency CIO to use and such approval shall be based on satisfactory documentation that the requirements for physical protection, access controls, cryptographic techniques, back-ups, malware and malicious codes protection and the rules associated with connecting portable devices to networks and guidance on the use of these devices in public places have been met.

                D.            Agency users shall be instructed that when using portable computing devices or removable media in public places, meeting rooms and other unprotected areas outside of the agency’s premises, they must use appropriate protection, such as using cryptographic techniques, firewalls, and updated virus protection shall be in place to avoid the unauthorized access to or disclosure of the agency information stored and processed by these devices.

                E.             Agency users shall be instructed that when such portable devices or removable media are used in public places care shall be taken to avoid the risk of unauthorized persons viewing on-screen sensitive or protected information.

                F.             Procedures protecting portable devices or removable media containing sensitive information against malicious software shall be developed, implemented, and be kept up-to-date.

                G.            Portable devices and removable media containing sensitive or protected information shall be attended at all times and shall be secured e.g. do not leave devices unattended in public places.

                H.            Agency shall provide training to all staff using portable devices and removable media to raise their awareness with respect to risks resulting from the use of portable devices and removable media and what controls are in place by the agency to protect state data and equipment.

                I.              Employees in the possession of portable devices and removable media shall not check such items in airline luggage systems or leave in unlocked vehicles. Such devices shall remain in the possession of the employee as carry-on luggage unless other arrangements are required by federal or state authorities.

                J.             In the event that a state-owned portable device or removable media is lost or stolen, it is the responsibility of the user of that device to immediately report the loss following procedures in 1.12.20.34 NMAC.

[1.12.20.27 NMAC - N/E, 04/14/2010]

 

1.12.20.28             TELEPHONES AND FAX EQUIPMENT:

                A.            Users are prohibited from sending documents containing sensitive and confidential information via fax unless allowed by law.

                B.            Users are prohibited from using fax services to send or receive sensitive and confidential information.

                C.            Users are prohibited from using third-party fax services to send or receive sensitive and confidential information.

                D.            Users are prohibited from sending documents containing sensitive and private information via wireless fax devices.

                E.             Users are prohibited from sending teleconference call-in numbers and pass codes to a pager when sensitive and confidential information shall be discussed during the conference.

                F.             Teleconference chair people shall confirm that all teleconference participants are authorized participants, if sensitive or confidential information shall be discussed.

[1.12.20.28 NMAC - N/E, 04/14/2010]

 

1.12.20.29             MODEM USAGE:  Connecting any dial-up modem to any computer systems which are also connected to the agency’s local area network, to the state network, or to another internal communication network shall first be approved in writing by the agency CIO.

[1.12.20.29 NMAC - N/E, 04/14/2010]

 

1.12.20.30             PUBLIC WEBSITES CONTENT APPROVAL PROCESS:

                A.            Sensitive and confidential information shall not be available through a server accessible to a public network without appropriate safeguards in place as approved in writing by the agency CIO in consultation with the agency legal counsel. The agency ISO shall implement safeguards to ensure user authentication, data confidentiality and integrity, access control, data protection and logging mechanisms.

                B.            The design of any proposed web service shall be first reviewed and approved in writing by the agency CIO in coordination with DoIT to ensure that the security of the web server, protection of agency networks, performance of the site, integrity, and availability considerations are adequately addressed.

                C.            Agency websites and agency websites hosted outside the state network shall be tested for security vulnerabilities prior to being put into production by DoIT or a DoIT approved contractor.

                D.            Agency website content shall first be reviewed by the agency information owner and approved by the agency CIO to ensure that the collection and processing of information meets state security and privacy requirements. Such review shall ensure that the information is adequately protected in transit over public and state networks, in storage, and while being processed.

[1.12.20.30 NMAC - N/E, 04/14/2010]

 

1.12.20.31             BUSINESS CONTINUITY:  This section is limited to the IT infrastructure and the data and applications of the local agency environment.

                A.            A threat and risk assessment shall be performed by the agency to determine the criticality of business systems and the time frame required for recovery in the event of disaster.

                B.            To minimize interruptions to normal agency business operations and critical agency business applications and to ensure they are protected from the effects of any major failures, each agency business unit or each agency ISO, under the direct guidance of the agency CIO, shall develop plans to meet the IT backup and recovery requirements of the agency and approved by DoIT.

                C.            Back-ups of critical agency data and software shall be performed daily.

[1.12.20.31 NMAC - N/E, 04/14/2010]

 

1.12.20.32             LOG-ON BANNER:

                A.            Log-on banners shall be implemented on all state IT systems to inform all users that agency systems are only for agency business and other approved uses consistent with agency policy, to inform that users their activities may be monitored, and to inform the user that they have no expectation of privacy.

                B.            Logon banners shall be displayed on computer screens during the authentication process.

[1.12.20.32 NMAC - N/E, 04/14/2010]

 

1.12.20.33             MONITORING SYSTEM ACCESS AND USE:  NO EXPECTATION OF PRIVACY:

                A.            Consistent with applicable law, the agency reserves the right to monitor, inspect, and search at any time, all agency information systems and equipment used by agency users.  Since agency computers and networks are provided for state business purposes, agency staff and any contractor(s) specifically allowed limited use of state systems or equipment shall have no expectation of privacy with regard to the information stored in or sent through the state information systems. Agency management may remove from its information systems any material unauthorized by the agency or by state statute.

                B.            Systems and applications shall be monitored and analyzed by agency ISO or agency designated IT staff to detect deviation from the state access control policy.

                C.            Events shall be recorded to provide evidence of misuse and to reconstruct lost or damaged data by the agency system administrator.

                D.            Audit logs shall be used to record user activities and other security-relevant events.

                E.             Audit log reports shall be produced to agency CIO and ISO and kept consistent with agency record retention schedules.

[1.12.20.33 NMAC - N/E, 04/14/2010]

 

1.12.20.34             LOST OR STOLEN IT ASSET:  In the event of a lost or stolen IT asset, the user shall:

                A.            immediately report the incident to the user’s supervisor;

                B.            immediately report the incident to the DoIT help desk at (505)827-2121 or EnterpriseSupportDesk@state.nm.us; a state IT asset incident form must be completed and signed by the agency CIO and returned to the DoIT help desk; the asset incident form can be found on the DoIT security web site at: http://www.doit.state.nm.us/securityoffice.html;

                C.            if stolen, user must contact the local law enforcement agency to report the theft and receive a crime report case number;

                D.            upon loss of or in the event of loss of an IT asset by theft, the agency CIO shall work with the DoIT ISO to identify the nature of the data exposed; the loss of confidential or sensitive data shall be reported to the agency executive management for direction.

[1.12.20.34 NMAC - N/E, 04/14/2010]

 

HISTORY OF 1.12.20 NMAC:  [RESERVED]

 

 
Return to NMAC homepage
 

TITLE 1                 GENERAL GOVERNMENT ADMINISTRATION

CHAPTER 12       INFORMATION TECHNOLOGY

PART 12               APPLICATION SOFTWARE SELECTION

 

1.12.12.1               ISSUING AGENCY.  Information Technology Commission.

[1.12.12.1 NMAC - N, 10/17/2005]

 

1.12.12.2               SCOPE.  This rule applies to extended sourcing technology by executive agencies.

[1.12.12.2 NMAC - N, 10/17/2005]

 

1.12.12.3               STATUTORY AUTHORITY.  Sections 15-1C-5 and 15-1C-8 NMSA, 1978.

[1.12.12.3 NMAC - N, 10/17/2005]

 

1.12.12.4               DURATION.  Permanent.

[1.12.12.4 NMAC - N, 10/17/2005]

 

1.12.12.5               EFFECTIVE DATE.  October 17, 2005, unless a later date is cited at the end of a section.

[1.12.12.5 NMAC - N, 10/17/2005]

 

1.12.12.6               OBJECTIVE.  The purpose of this rule is to select enterprise-wide programs, applications, and application systems that do not inhibit or create barriers to necessary interaction, collaboration and information sharing among governmental agencies.

[1.12.12.6 NMAC - N, 10/17/2005]

 

1.12.12.7               DEFINITIONS.

                A.            "Application" means the software, including code and processes that address specific business needs; separate from the operating system software.

                B.            "Commercial off the shelf (COTS)" means commercially available software designed to meet specific business needs and generally maintained by a commercial vendor.

                C.            "Enterprise-wide" means effecting the entire organization.

                D.            "Platform" means the modules of computer code that perform specific functions with the application.

                E.             "Program" means the modules of computer code that perform specific functions with the application.

                F.             "Source code" means the computer code from which the application and programs may be recovered.

                G.            "Total cost of ownership (TCO)" means all costs to purchase, implement and train users on an application system.  The TCO also includes ongoing maintenance, in service training and network costs.

[1.12.12.7 NMAC - N, 10/17/2005]

 

1.12.12.8               POLICY.  When selecting software, the following principles apply.

                A.            The user base of the particular "sourced" application is growing, commercial interest and support is evident and a certified peer support group is active.

                B.            Source code and application platforms are well supported and business functionality can be clearly demonstrated.

                C.            A timely schedule has been established for new version updates and bug fixes for the application.

                D.            Proposals from state entities must demonstrate that an infrastructure of support exists to manage applications, implementation and ongoing maintenance.

                E.             Total cost of ownership for proposed application must be equivalent to or less than a commercial solution and should present a value driven methodology, TCO (as developed elsewhere) must always address costs of implementation, ongoing technical support, training, etc.  COTS procurement must be equal to or less than the cost of in-house developed systems.

                F.             Training for the implementation and ongoing use of the software is readily available and can be provided on a reasonable schedule and cost.

                G.            Applications development practices are of high quality, well-documents and easily applied.

                H.            The vendor is financially stable and could be expected to remain a viable entity under state guidelines.

                I.              In-house developed application software will adhere to items B through G above.

[1.12.12.8 NMAC - N, 10/17/2005]

 

HISTORY OF 1.12.12 NMAC:  [RESERVED]

 

 
Return to NMAC homepage
 

TITLE 1                 GENERAL GOVERNMENT ADMINISTRATION

CHAPTER 12       INFORMATION TECHNOLOGY

PART 11               ENTERPRISE ARCHITECTURE

 

1.12.11.1               ISSUING AGENCY.  Information Technology Commission, 404 Montezuma, Santa Fe, NM 87501.

[1.12.11.1 NMAC - N, 06-15-2005]

 

1.12.11.2               SCOPE.  This rule applies to the enterprise architecture of the state of New Mexico (SoNM) and all IT projects or programs undertaken by agencies. This rule applies to any state government body or public entity that would like to become a member or utilize services within the enterprise data center.

[1.12.11.2 NMAC - N, 06-15-2005]

 

1.12.11.3               STATUTORY AUTHORITY.  NMSA 1978 Section 15-1C-5 and 15-1C-8.

[1.12.11.3 NMAC - N, 06-15-2005]

 

1.12.11.4               DURATION.  Permanent.

[1.12.11.4 NMAC - N, 06-15-2005]

 

1.12.11.5               EFFECTIVE DATE.  The effective date is 06-15-2005, unless a later date is specified at the end of a section.

[1.12.11.5 NMAC - N, 06-15-2005]

 

1.12.11.6               OBJECTIVE.  The purpose of this document is to establish rules, standards, and policies for the enterprise architecture for the SoNM.

[1.12.11.6 NMAC - N, 06-15-2005]

 

1.12.11.7               DEFINITIONS.  As used in this policy.

                A.            Address block means a contiguous group of internet protocol (IP) addresses.

                B.            Addressing resolution means a method for resolving differences between computer addressing schemes. Address resolution usually specifies a method for mapping network layer (layer 3) addresses to data link layer (layer 2) addresses.

                C.            Address resolution protocol means a protocol for mapping an IP address to a physical machine address that is recognized in the local network.

                D.            Application administration account means any account that is for administration of an application.

                E.             Agency network means networks that are managed by individual agencies and autonomous to state’s core network.

                F.             Architecture means a logically consistent set of principles, policies, and standards that guide the engineering of state government’s information technology systems and infrastructure in a way that ensures alignment with state government’s business needs.

                G.            American registry for internet numbers (ARIN) means one of four regional internet registries. ARIN, founded in 1997, is a non-profit organization that registers and administers IP numbers for North America. ARIN is one of four regional internet registries.

                H.            Class A network means a binary address starting with 0; therefore, the decimal number can be anywhere from 1 to 126. The first 8 bits (the first octed) identify the network, and the remaining 24 bits indicate the host within the network.

                I.              Class B network means binary addresses that start with 10; therefore, the decimal can be anywhere from 128 to 191; (the number 127 is reserved for loop-back and is used for internal testing on the local machine). The first 16 bits (the first two octets) identify the network, and the remaining 16 bits indicate the host within the network. An example of a class B IP address is 168.212.226.204, where “168.212” identifies the network and “226.204” identifies the host on that network.

                J.             Class C network means binary addresses that start with 11; therefore, the decimal number can be anywhere from 192 to 223. The first 24 bits (the first three octets) identify the network, and the remaining 8 bits identify the host within the network. An example of a class C IP address is 200.168.212.226, where “200.168.212” identifies the network and “226” identifies the host on that network.

                K.            Common service means a function that may be in use or deployed in multiple agencies, whether they are using the same programs or people to perform the function or not. 

                L.            Consolidated service means a function that is performed by a common group of programs or people for multiple agencies, under centralized control and with agreed-upon standards, interfaces, and service level agreements.

                M.           Consolidated service means a function that is performed by a common group of programs or people for multiple agencies, under centralized control and with agreed-upon standards, interfaces, and service-level agreements.

                N.            Cost recovery service means a service that is charged back to the consumers of the service at a fully loaded rate to allow the provider to recoup all associated costs with providing the service.

                O.            Current technology means components that have met requirements of the EA - those components that should be used in deployment of technology solutions.

                P.            Emerging technology means products that have potential to become current components.

                Q.            Enterprise means that for this document, 'enterprise' refers to the executive branch of the government of the SoNM, including all business processes and IT support systems.

                R.            Enterprise architecture defines an enterprise-wide, integrated set of components that incorporates strategic business thinking, information assets, and the technical infrastructure of an enterprise to promote information sharing across agency and organizational boundaries; the enterprise architecture is supported by architecture governance and the allied architectures of business, information, technology, and solution architectures.

                S.            Enterprise project means a project with the purpose of delivering new or modifying existing services to many stakeholders within the state.

                T.            General funded service means a SoNM service funded through general fund tax dollars.

                U.            Internet protocol (IP) address means a 32-bit address used to indicate a specific network and host on the internet or within a local network. The address is usually seen in decimal representation in the form nnn.nnn.nnn.nnn, where nnn can be any number between 0 and 255.

                V.            Internet protocol security (IPSec) means a set of protocols developed by the internet engineering task force (IETF) to support secure exchange of packets at the IP layer by encrypting a 1.18.361 NMAC authenticating all IP packets. IPsec has been deployed widely to implement virtual private networks.

                W.           Internet protocol version 6 (IPv6) means a standard intended to replace the previous standard, IPv4, which only supports up to about 4 billion addresses (4 x 109), whereas IPv6 supports approximately 3.4 x 1038 addresses, equivalent to 430,000,000,000,000,000,000 unique addresses per square inch of earth. The root domain has been changed to support both IPv6 and IPv4. It is expected that IPv4 will be supported until about 2025 to allow for bugs to be worked in support of new IP and wireless devices.

                X.            Other-funded service means a SoNM service that receives funding from non-SoNM sources or state funds other than the general fund, such as the road fund, federal government, or a locality.

                Y.            Network address translation means an internet standard that enables a local area network (LAN) to use one set of IP addresses for internal traffic and a second set of addresses for external traffic. A NAT box located where the LAN meets the internet makes all necessary IP address translations by keeping IP addresses of network packets passing through a router or firewall. Hosts, which are behind a NAT-enabled gateway, do not have end-to-end connectivity. NAT serves three main purposes:

                    (1)     provides a type of firewall by hiding internal IP addresses;

                    (2)     enables a company to use more internal IP addresses (since they are used internally only, there is no possibility of conflict with IP addresses used by other companies and organizations); and

                    (3)     allows a company to combine multiple ISDN connections into a single internet connection.

                Z.            Passphrases means that a public/private key system defines a mathematical relationship between the public key that is known by all, and the private key, that is known only to the user. Without the passphrase to "unlock" the private key, the user cannot gain access.

                AA.         Private address means a space that has been allocated via request for comments (RFC) 1918. These addresses are available for any use by anyone, and therefore the same private IP addresses can be reused. However, they are not routable - they are used extensively in private networks due to the shortage of publicly remittable IP addresses.

                BB.         Request for comment (RFC) means a series is used as the primary means for communicating information about the internet; some RFCs are designated as internet protocol.

                CC.         SANS means a sysadmin, audit, network, security, or SANS institute.

                DD.         Self-funded service means a SoNM service that, through its use, generates a stream of revenue sufficient to cover its on-going costs and to accrue monies to pay for future development and enhancement.

                EE.          Service (types of) - see 'common service', 'consolidated service', 'cost recovery service', 'general funded service', 'other-funded service', and 'self-funded service'.

                FF.          Sunset technology means components in use which do not conform to the ITEA and with a stated specific date set for discontinuance - indicating the date that the component will no longer be acceptable for use.

                GG.         Twilight technology means components in use, but which do not conform to the stated business/technical drivers; no date of discontinuance is identified - but not to be used for new development or new procurements; extensive modifications should be avoided.

[1.12.11.7 NMAC - N, 06-15-2005]

 

1.12.11.8               ABBREVIATIONS AND ACRONYMS:

                A.            ARIN means American registry for internet numbers

                B.            ARP means address resolution protocol

                C.            CIO means chief information officer

                D.            EA means enterprise architecture

                E.             IETF means internet engineering task force

                F.             IP means means internet protocol

                G.            IPSec means IP security

                H.            Ipv4 means version 4 of the internet protocol

                I.              ISDN means integrated services digital network

                J.             IT means information technology

                K.            ITC means information technology commission

                L.            ITEA means information technology enterprise architecture

                M.           LAN means local area network

                N.            NAT means network address translation

                O.            NM means New Mexico

                P.            NT means new technology (predecessor of windows 2000 server)

                Q.            OCIO means office of chief information officer

                R.            RFC means request for comments

                S.            SANS means system administration, audit, network, security, or SANS institute

                T.            SoNM means state of New Mexico

                U.            TCP means transmission control protocol

                V.            VPN means virtual private networks

                W.           WAN means wide area network

[1.12.11.8 NMAC - N, 06-15-2005]

 

1.12.11.9 - 1.12.11.14:  [RESERVED]

 

1.12.11.15             NETWORK.  IP addressing.

                A.            The enterprise service provider will assign, document, and manage all address blocks of private, public, and reserved address spaces.

                B.            Agencies will manage and control all addresses within their block. Agencies will be required to submit current and accurate IP sub-net assignments and change control documentation to the enterprise service provider database on a real-time basis.

                C.            An agency core router will be configured to route only 10.0 and 164.64.0.0 addressing.

                D.            Private class A (RFC 1918) IPv4 is to be the named standard for all agencies and core networks to extend networks within the state that do not want to be routed to external sources with subnets of class B and class C.

                E.             Public Address.

                    (1)     In the event that access is required to route to an external source, addresses must be public.

                    (2)     The only public address range that will be advertised by the SoNM to the internet is the 164.64.0.0 class B address space assigned by ARIN.

                F.             The reserved address 1.18.361 NMAC.

                    (1)     This reserved addressing will be limited to securing segregated voice transmission until an equally secure design is available with RCF 1918.

                    (2)     Reserved addressing will not be implemented in the same autonomous RCF 1918 or public addressing.

[1.12.11.15 NMAC - N, 06-15-2005]

 

1.12.11.16             SECURITY. Password policy.

                A.            This policy establishes a standard for creation of strong passwords, the protection of those passwords, and the frequency of change.

                B.            Passwords must be at least eight (8) alphanumeric characters long.

                C.            All system-level passwords (e.g., root, enable, NT admin, application administration accounts, etc.) must be changed at least every 6 months. Password changes will be addressed immediately by the password authority when personnel changes are made to staff that have root access.

                D.            Passwords must not be stored on unencrypted or other insecure forms (i.e., word document, post-its, labels, etc.).

                E.             All user-level passwords (e.g., email, web, desktop computer, etc.) must be changed periodically. The minimum change interval is every 4 months.

                F.             User accounts that have system-level privileges granted through group memberships or programs such as "sudo" must have a unique password from all other accounts held by that user.

                G.            Passwords must not be inserted into email messages or other forms of electronic communication.

                H.            All user-level and system-level passwords must conform to the guidelines described below.

                I.              A password authority shall be established by the agency CIO or IT lead to disseminate passwords, facilitate as the gatekeeper for system-level passwords, and be the point of contact for password-related security breaches. Password may only be obtained or requested from the password authority of the agency.

[1.12.11.16 NMAC - N, 06-15-2005]

 

History of 1.12.11 NMAC:  [RESERVED]

 

 
Return to NMAC homepage
 

TITLE 1                 GENERAL GOVERNMENT ADMINISTRATION

CHAPTER 12       INFORMATION TECHNOLOGY

PART 9                 PROJECT CERTIFICATION OF TECHNOLOGY PROJECTS

 

1.12.9.1                 ISSUING AGENCY.  Information Technology Commission.

[1.12.9.1 NMAC - N, 10/17/2005]

 

1.12.9.2                 SCOPE.  This rule applies to certification of all information technology projects or programs undertaken by executive agencies.

[1.12.9.2 NMAC - N, 10/17/2005]

 

1.12.9.3                 STATUTORY AUTHORITY.  Sections 15-1C-5 and 15-1C-8 NMSA, 1978.

[1.12.9.3 NMAC - N, 10/17/2005]

 

1.12.9.4                 DURATION.  Permanent.

[1.12.9.4 NMAC - N, 10/17/2005]

 

1.12.9.5                 EFFECTIVE DATE.  October 17, 2005, unless a later date is cited at the end of a section.

[1.12.9.5 NMAC - N, 10/17/2005]

 

1.12.9.6                 OBJECTIVE.  The purpose of this rule is to set forth executive agency information technology project certification responsibilities.

[1.12.9.6 NMAC - N, 10/17/2005]

 

1.12.9.7                 DEFINITIONS.

                A.            "Agency" means a state organizational entity of the executive branch, used interchangeably with department.

                B.            "Certification" means a process that releases project funds.  The ITC certifies projects except as otherwise provided for in Section 1.12.9.10(c).  The PCC is the subcommittee charged with making recommendations for certification to the ITC.

                C.            "Emergency condition" is a situation that creates a threat to public health, welfare, safety or property such as may arise by reason of floods, epidemics, riots, equipment failures or similar events.  The existence of the emergency condition creates an immediate and serious need for services, construction or items of tangible personal property that cannot be met through normal procurement methods and the lack of which would seriously threaten the:

                    (1)     functioning of government;

                    (2)     preservation or protection of property; or

                    (3)     health or safety of any person.

                D.            "Independent verification and validation (IV&V)" means the process of evaluating a system to determine compliance with specified requirements and the process of determining whether the products of a given development phase fulfill the requirements established during the previous stage, both of which are performed by an organization independent of the development organization.

                E.             "Information technology project" means the development, purchase, replacement, or modification of a hardware or software system.

                F.             "ITC" means information technology commission.

                G.            "Mission critical" means a system (either hardware or software) that is pivotal to supporting the mission of the agency and without which the agency would have difficulty providing key business services.

                H.            "PCC" means project certification committee a subcommittee of the ITC.

                I.              "Project costs" means all hardware, software, development, testing and training expenditures, both planned and actual.

                J.             "Project lifecycle" means the period of time commencing with conception of an information technology project and culminating with the acceptance and operation of products produced by the project.

                K.            "Program" means a group of related projects managed in a coordinated manner.

                L.            "Qualified" means demonstrated experience successfully managing information technology projects.

                M.           "Quality" means the degree to which a system, system component, or process meets specified requirements, customer needs, and user expectations.

                N.            "Quality assurance" means a planned and systematic pattern of all actions necessary to provide adequate confidence that a product or system component conforms to established requirements.

                O.            "Strategy" means a plan of action for achieving a goal.

                P.            "Validation" means ensuring a system meets documented performance outcomes and requirements of the project.

                Q.            "Verification" means application of an appropriate test yielding documentable, measurable evidence that ensures a process executed or the technical system developed produces required performance outcomes.

[1.12.9.7 NMAC - N, 10/17/2005]

 

1.12.9.8                 RESPONSIBILITIES OF THE PCC.  The PCC is a subcommittee of the ITC and shall perform the following responsibilities.

                A.            Have the authority to recommend certification of information technology projects that meet one or more of the following:

                    (1)     mission criticality;

                    (2)     project cost equal to or exceeding $1,000,000;

                    (3)     impact to customer on-line access; or

                    (4)     projects the committee deems appropriate.

                B.            Develop procedural requirements on how to recommend certification or to recertify projects, including documentation requirements, meeting specifics, timelines and support services.  The PCC shall convene at the call of the chair, but at least monthly to consider agency projects for certification.

                C.            Report certification recommendations to the ITC.

                D.            Review and comment on agency information technology project's consolidation efforts and opportunities.

[1.12.9.8 NMAC - N, 10/17/2005]

 

1.12.9.9                 PCC MEMBERSHIP.

                A.            The PCC shall consist of members of the ITC appointed by the ITC chair.

                B.            The ITC chair shall appoint the chair of the PCC.

                C.            The PCC will select a vice chair from its membership.

[1.12.9.9 NMAC - N, 10/17/2005]

 

1.12.9.10               CERTIFICATION PROCESS.

                A.            PCC certification generally.  At a minimum, project certification shall be required at a project's initiation, during its implementation and closeout.  The PCC may require additional certification phases, events or deliverables based on the progress, complexity, risk or size of the project.  Project certification shall be required before funds can be released for any of the above certification phases.  Regarding phased release of funds, project managers shall present the distinct components of a phased approach, with approval of what constitutes appropriate phases for a particular project to then be approved or modified by the office and the PCC.

                B.            Agency request.  A report by the agency requesting approval of a project requiring certification must be submitted in writing for all certification phases specified by the PCC.  The PCC shall determine the components of the reports and criteria for issuing certification.

                C.            Verification.  The PCC shall verify that the project has been reviewed by the architectural committee and the office as appropriate.

                D.            PCC recommendation.  The PCC shall make a recommendation to the ITC to issue or deny project certification or may provide contingent certification subject to the agency providing specific information.  The PCC shall notify the agency submitting the project in writing of its decision.  In the case of recommendation for denial of the project for certification, the PCC will cite the reasons for its decision and the recommended actions needed to be taken by the agency for resubmission of the project for certification.

                E.             Office pre-certification.  The office shall release "phase zero" pre-certification planning phase funds to develop project phasing, IV&V or an overall project plan.

                F.             Emergency Certification Review.  The PCC will make every effort, within reason, to review projects in a timely manner.  If at any time the PCC cannot convene, and a project faces significant time constraints and major risks to the project an emergency certification review may be implemented.  The emergency review is for circumstances outside of control of the agency and every effort should have been made to work within the existing process.  All members of the PCC will be provided an opportunity for comment.  Documentation will be sent toe the PCC electronically with notification of response timeline.  Any comments from the PCC members must be sent electronically to the chair of the PCC.  The CIO, PCC chair and the ITC chair shall have the authority to issue or deny certification for a particular phase of the project.  If a certification is approved or denied, without convening the PCC, justification of the action shall be provided at the next regularly scheduled meeting of the ITC.

[1.12.9.10 NMAC - N, 10/17/2005]

 

1.12.9.11               AGENCY RESPONSIBILITIES.

                A.            An executive agency shall:

                    (1)     prepare a written project certification report prior to certification for large projects that are equal to or exceeding $1,00,000, high-risk projects or at the request of the PCC;

                    (2)     schedule a certification review and provide documentation in a timely manner to the PCC;

                    (3)     prepare a presentation to the PCC and answer questions prior to certification for large or high-risk projects or at the request of the PCC;

                    (4)     shall keep a copy of each project status report on file;

                    (5)     prepare a written risk assessment report at the concept phase of the project, at the end of each project phase, and following the culmination of each development lifecycle phase, or more frequently for large and high-risk projects;

                    (6)     provide an independent verification and validation (IV&V) report to the PCC;

                    (7)     be prepared to identify the value of the information technology project, as well as, relationship in support and consolidation with other information technology projects and agencies; and

                    (8)     keep a copy of each risk assessment report on file.

                B.            The agency project manager, the contract project manager, if appropriate, and the project team shall regularly review the status and progress of an information technology project throughout its lifecycle.

[1.12.9.11 NMAC - N, 10/17/2005]

 

1.12.9.12               PROJECT PLANS.

                A.            Plan Required.  An agency shall prepare, in accordance with instructions contained in the project management guidelines and best practices document prepared by eth office, a project plan for every IT project regardless of its scope or cost.  The agency project manager shall document the plan and all revisions to the plan, and shall keep it on file until the system is removed from operation.

                B.            Plan contents.  The plan shall contain at a minimum:

                    (1)     a description of the project;

                    (2)     a description of the functions the system will provide;

                    (3)     a description of the development lifecycle methodology;

                    (4)     an initial risk assessment;

                    (5)     risk management strategies, including mitigation actions;

                    (6)     quality assurance strategies or plan;

                    (7)     human and financial resource requirements and allocation;

                    (8)     a project review schedule;

                    (9)     IV&V plan and reports;

                    (10)     project deliverables;

                    (11)     a project schedule; and

                    (12)     appropriate security planning for at least data, disaster recovery, and system back-up.

                C.            Plan approval.  For projects meeting the selection criteria, the agency shall submit the plan to the office prior to initiation of the project or release of funding by the department of finance and administration.  The office shall review the internal plan for sufficiency and in accordance with criteria specified by the PCC, and shall make recommendations to the PCC for certification.  The PCC will review the documentation and provide the agency an opportunity to present the information technology project to the PCC for certification.  The PCC meets monthly and will schedule presentation at each meeting.  It the agency's responsibility to assure timely submission of materials and schedule certification review.  The PCC will identify areas of improvement to the agency if the plan does not meet initial approval of the PCC.  The PCC shall make their recommendation to the ITC.

                D.            Right to appeal.  If an agency requesting certification for any phase is denied certification, the agency may appeal the decision by submitting a written intent to appeal within five (5) business days of receipt of denial.  The written intent to appeal shall be submitted to the chair of the ITC with a courtesy copy provided to the chair of the PCC.  It shall be the responsibility of the agency to comply with the ITC agenda and meeting rules to present its appeal.

[1.12.9.12 NMAC - N, 10/17/2005]

 

HISTORY OF 1.12.9 NMAC:  [RESERVED]

 

 
Return to NMAC homepage
 

TITLE 1                 GENERAL GOVERNMENT ADMINISTRATION

CHAPTER 12       INFORMATION TECHNOLOGY

PART 10               INTERNET, INTRANET, EMAIL, AND DIGITAL NETWORK USAGE

 

1.12.10.1               ISSUING AGENCY.  Information Technology Commission, 404 Montezuma, Santa Fe, NM 87501.

[1.12.10.1 NMAC - N, 9-15-04]

 

1.12.10.2               SCOPE.  The policy governs the use of state of New Mexico information technology (IT) and data telecommunications resources.

[1.12.10.2 NMAC - N, 9-15-04]

 

1.12.10.3               STATUTORY AUTHORITY.  Section 15-1C-5 NMSA 1978.

[1.12.10.3 NMAC - N, 9-15-04]

 

1.12.10.4               DURATION.  Permanent.

[1.12.10.4 NMAC - N, 9-15-04]

 

1.12.10.5               EFFECTIVE DATE.  September 15, 2004, unless a later date is cited at the end of a section.

[1.12.10.5 NMAC - N, 9-15-04]

 

1.12.10.6               OBJECTIVE.  The purpose of this policy is to provide state of New Mexico staff with guidance on the proper use of the state’s information technology resources, including but not limited to the internet, the intranet, email, and the state’s digital network and supporting systems.

[1.12.10.6 NMAC - N, 9-15-04]

 

1.12.10.7               DEFINITIONS.  As used in this policy:

                A.            access means the ability to read, change, or enter data using a computer or an information system;

                B.            equipment means computers, monitors, keyboards, mice, routers, switches, hubs, networks, or any other information technology assets;

                C.            freeware or shareware means software that is available free of charge and available for download from the internet. Freeware is protected by a copyright and is subject to applicable copyright laws;

                D.            information technology resources (IT resources) means computer hardware, software, databases, electronic message systems, communication equipment, computer networks, telecommunications circuits, and any information that is used by a state agency to support programs or operations that is generated by, transmitted within, or stored on any electronic media;

                E.             malicious code means any type of code intended to damage, destroy, or delete a computer system, network, file, or data;

                F.             pirated software means licensable software installed on a computer system for which a license has not been purchased or legally obtained;

                G.            security mechanism means a firewall, proxy, internet address-screening or filtering program, or other system installed to prevent the disruption or denial of services or the unauthorized use, damage, destruction, or modification of data and software;

                H.            sexually explicit or extremist materials means images, documents, or sounds that can reasonably be construed as:

                    (1)     discriminatory or harassing; or

                    (2)     defamatory or libelous; or

                    (3)     obscene or pornographic; or

                    (4)     threatening to an individual’s physical or mental well-being; or

                    (5)     read or heard for any purpose that is illegal; and

                I.              user means any person authorized by a state agency to access state IT resources, including a state employee, officer or contractor; a user for purposes of this rule does not include a person who accesses state telecommunications resources offered by the state for use by the general public.

[1.12.10.7 NMAC - N, 9-15-04]

 

1.12.10.8               POLICY.  The internet and other information technology resources are important assets that the state can use to gather information to improve external and internal communications and increase efficiency in business relationships. To encourage the effective and appropriate use of the state’s IT resources, the following policies govern the use of the state’s IT resources:

                A.            State agencies shall provide all users with a written copy of this rule.

                    (1)     All users shall sign and date a statement indicating they have received and read this policy.

                    (2)     Each user’s signed statement shall be kept on file for as long as the user is employed by, has a contract with or otherwise provides services to the agency.

                B.            For the purposes of this rule, IT resources usage includes but is not limited to all current and future internet/intranett communications services, the world wide web, state intranets, voice over IP, file transfer protocol (FTP), TELNET, email, peer-to-peer exchanges, and various proprietary data transfer protocols and other services.

                C.            The state of New Mexico may undertake all prudent and reasonable measures to secure the systems it uses for internet communications and the data transmitted by these systems and services, at the direction of the governor or his designee(s).

                D.            The state of New Mexico and/or its agencies may install software and/or hardware to monitor and record all IT resources usage, including email and web site visits.  The state retains the right to record or inspect any and all files stored on state systems.

                E.             State IT resources shall be used solely for state business purposes (except as described in Section 1.12.10.10 NMAC) and users shall conduct themselves in a manner consistent with appropriate behavior standards as established in existing state policies.  All state of New Mexico policies relating to intellectual property protection, privacy, misuse of state equipment, sexual harassment, sexually hostile work environment, data security, and confidentiality shall apply to the use of IT resources.

                F.             Users shall have no expectations of privacy with respect to state IT resource usage. Serious disciplinary action up to and including termination of employment or contract may result from evidence of prohibited activity obtained through monitoring or inspection of electronic messages, files, or electronic storage devices. Illegal activity involving state IT resource usage may be referred to appropriate authorities for prosecution.

[1.12.10.8 NMAC - N, 9-15-04]

 

1.12.10.9               PROHIBITED INTERNET USE.  State IT resources shall not be used for anything other than official state business unless otherwise specifically allowed by the agency head or as permitted under Section 1.12.10.10 NMAC.

                A.            No software licensed to the state nor data owned or licensed by the state shall be uploaded or otherwise transferred out of the state’s control without explicit authorization from the agency head.

                B.            IT resources shall not be used to reveal confidential or sensitive information, client data, or any other information covered by existing state or federal privacy or confidentiality laws, regulations, rules, policies, procedures, or contract terms.  Users who engage in the unauthorized release of confidential information via the state’s IT resources, including but not limited to newsgroups or chat rooms, will be subject to sanctions in existing policies and procedures associated with unauthorized release of such information.

                C.            Users shall respect the copyrights, software, licensing rules, property rights, privacy, and prerogatives of others, as in any other business dealings.

                D.            Users shall not download executable software, including freeware and shareware, unless it is required to complete their job responsibilities.

                E.             Users shall not use state IT resources to download or distribute pirated software or data, including music or video files.

                F.             Users shall not use state IT resources to deliberately propagate any malicious code.

                G.            Users shall not use state IT resources to intentionally disable or overload any computer system or network, or to circumvent any system intended to protect the privacy or security of the state’s IT resources.

                H.            Unauthorized dial-up access to the internet is prohibited from any device that is attached to any part of the state’s network.  The state’s IT resources shall not be used to establish connections to non-state internet service providers without prior authorization in writing by the office of the chief information officer or the state chief information technology security officer.

                I.              Users shall not access, store, display, distribute, edit, or record sexually explicit or extremist material using state IT resources.

                    (1)     In agencies or offices where the display or use of sexually explicit or extremist materials falls within legitimate job responsibilities, an agency head may exempt a user in writing from the requirements of this subsection. The agency issuing the exemption letter shall keep the letter on file for as long as the user is employed by, has a contract with, or otherwise provides services to the agency.

                    (2)     The incidental and unsolicited receipt of sexually explicit or extremist material, such as might be received through email, shall not constitute a violation of this section, provided that the material is promptly deleted and neither stored nor forwarded to other parties.

                J.             Users are prohibited from accessing or attempting to access IT resources for which they do not have explicit authorization by means of user accounts, valid passwords, file permissions or other legitimate access and authentication methods.

                K.            Users shall not use state IT resources to override or circumvent any security mechanism belonging to the state or any other government agency, organization or company.

                L.            Users shall not use state IT resources for illegal activity, gambling, or to intentionally violate the laws or regulations of the United States, any state or local jurisdiction, or any other nation.

[1.12.10.9 NMAC - N, 9-15-04]

 

1.12.10.10             PERSONAL USE OF THE INTERNET.  Occasional and incidental personal use of the state’s IT resources and internet access is allowed subject to limitations. Personal use of the internet is prohibited if:

                A.            it materially interferes with the use of IT resources by the state or any political subdivision thereof; or

                B.            such use burdens the state or any political subdivision thereof with additional costs; or

                C.            such use interferes with the user’s employment duties or other obligations to the state or any political subdivision thereof; or

                D.            such personal use includes any activity that is prohibited under this rule.

[1.12.10.10 NMAC - N, 9-15-04]

 

1.12.10.11             AGENCY POLICIES.  All agencies shall implement this policy immediately upon its effective date.  At the discretion of the agency head, an agency may adopt additional agency-specific IT resources usage policies that are more restrictive than this rule, but in no case shall an agency adopt policies that are less restrictive than this rule.  This rule shall control in the event of any conflict between an agency policy and this rule.

[1.12.10.11 NMAC - N, 9-15-04]

 

HISTORY OF 1.12.10 NMAC:  [RESERVED]

 
Return to NMAC homepage
 

TITLE 1                 GENERAL GOVERNMENT ADMINISTRATION

CHAPTER 12       INFORMATION TECHNOLOGY

PART 8                 NOTIFICATION OF INTERNET PROTOCOL ADDRESSES

 

1.12.8.1                 ISSUING AGENCY.  Information Technology Commission.

[1.12.8.1 NMAC - N, 03-15-02]

 

1.12.8.2                 SCOPE.  This rule applies to all state agencies, boards, and commissions to whom the General Services Department provides Internet access.

[1.12.8.2 NMAC - N, 03-15-02]

 

1.12.8.3                 STATUTORY AUTHORITY.  NMSA 1978 Section 15-1C-5.

[1.12.8.3 NMAC - N, 03-15-02]

 

1.12.8.4                 DURATION.  Permanent.

[1.12.8.4 NMAC - N, 03-15-02]

 

1.12.8.5                 EFFECTIVE DATE.  March 15, 2002 unless a later date is cited at the end of a section.

[1.12.8.5 MAC - N, 03-15-02]

 

1.12.8.6                 OBJECTIVE.  The purpose of this rule is to provide the underlying data necessary to provide Internet security for state agencies, boards and commissions.

[1.12.8.6 MAC - N, 03-15-02]

 

1.12.8.7                 DEFINITIONS.  As used in this rule: 

                A.            access protocols means the standard set of protocols and ports for all types of access as defined by the Internet Architecture Board of the Internet Society International Board; including, but not limited to: http, https, remote terminal (telnet), simple mail transport protocol (SMTP), and file transfer protocol (FTP).

                B.            internet means a decentralized, global network of computers linked through the use of common communications protocols. The Internet allows users worldwide to exchange messages, data, and images.

                C.            internet protocol (IP) means the set of conventions that govern the interaction among processes, devices and components of the Internet.

                D.            internet protocol (IP) number means a unique number consisting of four (4) parts separated by dots. Every computer connected to the Internet has a unique IP number.

                E.             ISD-OC means the General Services Department, Information Systems Division, Office of Communications.

                F.             network devices means all servers, workstations, and peripheral devices that are connected to the Internet.

                G.            protocol means a set of rules and formats, semantic and syntactic, that  govern the interaction among processes, devices and components, and allow information systems to exchange information with one another.

                H.            Security and Privacy Advisory Committee means the standing committee of the Commission.

                I.              threat means an activity, deliberate or unintentional, with the potential for causing harm to an automated information system or activity.

[1.12.8.7 NMAC - N, 03-15-02]

 

1.12.8.8                 RESPONSIBILITIES OF STATE AGENCIES. 

                A.            Agencies shall submit to the Director of ISD-OC and the CIO a written listing (preferably in an Excel spreadsheet) of all agency IP addresses and the access protocols of all network devices that allow access to the public Internet.

                B.            Agencies shall inform the Director of ISD-OC and the CIO in writing of all new IP addresses, their devices and their access protocols within three (3) working days of implementation.

[1.12.8.8 NMAC - N, 03-15-02]

 

1.12.8.9                 RESPONSIBILITIES OF ISD-OC.  ISD-OC will deny access from and to the public Internet for access protocols not specifically reported to ISD-OC and the CIO.

[1.12.8.9 NMAC - N, 03-15-02]

 

1.12.8.10               RESPONSIBILITIES OF THE CIO. 

                A.            The CIO will maintain a listing of all IP addresses and access protocols by agency.

                B.            The listing will be protected as confidential information.

[1.12.8.10 NMAC - N, 03-15-02]

 

1.12.8.11               REPONSIBILITY OF THE COMMISSION.  The Security and Privacy Advisory Committee will recommend to the Commission for their approval access protocols, in addition to those defined in 1.12.8.7 NMAC, subject to this rule.

[1.12.8.11 NMAC - N, 03-15-02]

 

1.12.8.12               NOTICE OF ADDITIONAL ACCESS PROTOCOLS.  Except in response to an active threat, within five (5) working days of approval by the Commission of additional access protocols subject to this rule, the Office shall:

                A.            post a notice of approved access protocols subject to this rule on the Internet at its internet address;

                B.            notify all persons on the electronic distribution list of approved access protocols subject to this rule; and

                C.            mail or fax a hard copy of the approved access protocols subject to this rule to any person requesting them in writing or by telephone.

[1.12.8.12 NMAC - N, 03-15-02]

 

1.12.8.13               EXEMPTION.  There are no exemptions from this rule.

[1.12.8.13 NMAC - N, 03-15-02]

 

HISTORY OF 1.12.8 NMAC:  Reserved.

 

 
Return to NMAC homepage
 

This rule was filed as 1 NMAC 3.2.70.2.

 

TITLE 1                  GENERAL GOVERNMENT

CHAPTER 12                INFORMATION TECHNOLOGY

PART 7                  ELECTRONIC AUTHENTICATION

 

1.12.7.2.1                  ISSUING AGENCY:  Commission of Public Records

[6-1-96; Rn, 1 NMAC 3.51, 5-15-97; Recompiled 11/30/01]

 

1.12.7.2.2                  SCOPE:  All state agencies, public officials, persons who wish to transact business with the state, and others where registration will promote the purpose of NMSA 1978 14-3-15.2.

[6-1-96; Rn, 1 NMAC 3.51, 5-15-97, 4-18-98; Recompiled 11/30/01]

 

1.12.7.2.3                  STATUTORY AUTHORITY:  NMSA 1978 14-3-15.2

[6-1-96; Rn, 1 NMAC 3.51, 5-15-97; Recompiled 11/30/01]

 

1.12.7.2.4                  DURATION:                  Permanent

[6-1-96; Rn, 1 NMAC 3.51, 5-15-97; Recompiled 11/30/01]

 

1.12.7.2.5                  EFFECTIVE DATE:  July 1, 1996 unless a later date is cited at the end of a section or paragraph.

[6-1-96; Rn, 1 NMAC 3.51, 5-15-97; A, 5-15-97; Recompiled 11/30/01]

 

1.12.7.2.6                  OBJECTIVE:  To establish standards and procedures to allow for the use of electronic authentication in substitution for a signature.

[6-1-96; Rn, 1 NMAC 3.51, 5-15-97, 4-18-98; Recompiled 11/30/01]

 

1.12.7.2.7                  DEFINITIONS:

                A.                "Archival listing" means entries in the register showing public keys that are no longer current.

                B.                "Authenticate" means to ascertain the identity of the originator, verify the integrity of the electronic data, and establish the link between the data and the originator.

                C.                "Cancel and cancellation" refer to the act of the office in terminating the current listing of a public key. It does not affect an archival listing.

                D.                "Document" means any identifiable collection of words and letters or graphical knowledge representations, regardless of the mode of representation. It includes, but is not limited to, correspondence, agreements, invoices, reports, certifications, maps, drawings, and images in both electronic and hard copy formats.

                E.                "Electronic authentication" means the electronic signing of a document consisting of establishing a verifiable link between the originator and the document by means of a public/private key system.

                F.                "FIPS PUB" means Federal Information Processing Standards Publication produced by the U.S. department of commerce, technology administration, national institute of standards and technology. FIPS PUBS are available from the National Technical Information Service, U.S. Department of Commerce, Springfield, VA 22161. FIPS PUB 140-1 is available electronically at http://csrc.ncsl.nist.gov.

                G.                "Key pair in a public/private key system", means a private key and its corresponding public key, having the property that the public key can verify an electronic authentication that the private key creates.

                H.                "Office" means the office of electronic documentation.

                I.                "Originator" means the person who signs a document electronically.

                J.                "Person" means any individual or entity including but not limited to an estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, joint-venture, syndicate, or other association; "person" also means any federal, state, or other governmental unit or subdivision, or any agency, department or instrumentality thereof.

                K.                "Private key" means the code or alphanumeric sequence used to encode an electronic authentication and which is known only to its owner. The private key is the part of a key pair used to create an electronic authentication.

                L.                "Public key" means the code or alphanumeric sequence used to decode an electronic authentication. The public key is the part of a key pair used to verify an electronic authentication.

                M.                "Public/private key system" means the hardware, software, and firmware that are provided by a vendor for

                    (1)     the generation of public/private key pairs,

                    (2)     the record abstraction by means of a secure hash code,

                    (3)     the encoding of the signature block and the record abstraction or the entire record,

                    (4)     the decoding of the signature block and the record abstraction or the entire record, and

                    (5)     the verification of the integrity of the received record.

                N.                "Record abstraction" means a condensed representation of a document, which condensation is prepared by use of a secure hash code; it is also known as a message digest.

                O.                "Register" means a data base or other electronic structure that binds a person's name or other identity with its public key.

                P.                "Repudiate" and "non-repudiation" refer to the acts of denying or proving the origin of a document from its sender, and to the acts of denying or proving the receipt of a document by its recipient.

                Q.                "Revoke" and "revocation" refer to the act of notifying the secretary that the person's public key has or will cease to be effective after a specified time and date.

                R.                "Secretary" means the secretary of state.

                S.                "Secure hash code" is a mathematical algorithm that, when applied to an electronic version of a document, creates a condensed version of the document from which it is computationally infeasible to identify or recreate the document which corresponds to the condensed version of the document without extrinsic knowledge of that correspondence.

                T.                "Sign" and "signing" includes the execution or adoption of any symbol by a person with the present intention to establish the authenticity of the document as theirs.

                U.                "Signature block" means the portion of a document, encoded by the private key, which contains the identity of the originator and the date and time of the records creation, submittal or approval.

                V.                "Trusted entity" means an independent, unbiased third party that contributes to , or provides, important security assurances that enhance the admissibility, enforceability and reliability of information in electronic form. In a public/private key system, a trusted entity registers a digitally signed data structure that binds an entity's name (or identity) with its public key.

[6-1-96; Rn, 1 NMAC 3.51, 5-15-97, 4-18-98; Recompiled 11/30/01]

 

1.12.7.2.8                  PUBLIC/PRIVATE KEY SYSTEM OPERATION:  The most effective authentication of electronic documents is by a public/private key system. In a public/private key system, each user generates a key "pair" that has two inverse components -- a private key and a public key. Each key of a pair bears a complex, mathematical relationship to the other (e.g., an algorithm). The system is designed such that one component can be made public (the public key, along with other identifying information) without compromising the other component (the private key). The private component, known only to the user, is used to encode the signature on outgoing documents. The public key is registered with a trusted entity and distributed to other users with whom the sender plans to exchange documents, and is used to verify authenticity of the sender's document (decode the signature). The office of electronic documentation, under the secretary of state, is the trusted entity for the registration of the public keys of public officials, persons who wish to transact business with the state, and others where such registration will promote the purpose of NMSA 1978 section 14-3-15.2. As the trusted entity, the office maintains an electronic register of public keys which includes both current listings and archival listings. The list of registered signatures contains the key holder's name, the date of application, the public key number, and other identifying information. The register also contains a history of all public keys issued to that person. Additionally, the register identifies the vendor of the software, the product name, and the version number used to produce the public/private key, Thus, users can communicate securely without having previously exchanged keys. The trusted entity also insures that the user of the private key will not repudiate their authentication of a record because the user must notify the trusted entity in the event their private key has been lost, stolen, or otherwise compromised (see 1 NMAC 3.2.70.2.10.5).

[6-1-96; Rn, 1 NMAC 3.51, 5-15-97; A, 5-15-97; Recompiled 11/30/01]

 

1.12.7.2.9                  CERTIFICATION OF PUBLIC/PRIVATE KEY SYSTEMS:

                A.                A vendor's public/private key system must be approved by the Commission of Public Records prior to its use.

                B.                The following vendors public/private key systems are approved by this rule:

                    (1)     RSA Data Security (RSA): Address all correspondence to RSA's electronic mail address <rsaref-administrator@rsa.com>, or to: RSA Laboratories.  ATTN: RSAREF Administrator; 100 Marine Parkway, Suite 500, Redwood City, CA 94065.

                    (2)     Pretty Good Privacy (PGP) versions 2.6 and above: PGPcommercial version address all correspondence to ViaCrypt's electronic mail address <70275.1360@compuserve.com>, or non-profit education version information <http://web.mit.edu/network/pgp.html>, distribution authorization  <http://bs.mit.edu:8001/pgp-form.html>.

                C.                Additional public/private key systems may be approved by a vendor following these steps:

                    (1)     Make a written application for approval to the commission of public records.

                    (2)     Provide proof, from a national institute of standards and technology (NIST) accredited national laboratory, that the system is in compliance with the derived test requirements for FIPS PUB 140-1, Security Requirements for Cryptographic Modules and meets, at a minimum, the requirements for security level 1 of FIPS PUB 140-1, Security Requirements for Cryptographic Modules.

[6-1-96; Rn, 1 NMAC 3.51, 5-15-97; 5-15-97, 4-18-98; Recompiled 11/30/01]

 

1.12.7.2.10                  PUBLIC/PRIVATE KEY SYSTEMS REQUIREMENTS:

                A.                To be accepted as a public record, or by the state in respect to transactions, the public key of a user must be registered with the secretary of state.

                B.                The signature block of an electronic authentication must contain the identity of the originator and the date and time of the record's creation, submittal or approval.

                C.                A state agency may require by regulation that certain types of transactions have an additional signature block for a trusted entity containing a date and time stamp. [

                D.                A state agency may require by regulation that certain types of transactions have a higher level of security than the requirements for security level 1 of FIPS PUB 140-1, Security Requirements for Cryptographic Modules.

                E.                It is the responsibility of the registered user of a private key to maintain the key's security. Repudiation may only occur by the determination of a court of competent jurisdiction that the private key of the registered user was compromised through no fault of the registered user and without knowledge on the part of the registered user. It is the legal prerequisite for a claim of repudiation that the repudiator have filed a notice of revocation with the secretary prior to making the claim of repudiation.

                F.                A state agency is only bound to accept as a trusted entity the Secretary of State or a person listed as a trusted entity by the secretary of state.

                G.                A state agency must comply with the security requirements in the Performance Guidelines for the Legal Acceptance of Public Records Produced by Information Technology Systems, 1 nmac 3.2.70.1 [now 1.13.70 NMAC].

                H.                A state agency must comply, at a minimum, with the requirements for security level 1 of FIPS PUB 140-1, Security Requirements for Cryptographic Modules with respect to distribution and maintenance of public and private keys. A state agency must use a seed number for generation of public/private keys equal to or greater than the seed number specified in FIPS PUB 140-1, Security Requirements for Cryptographic Modules.

[6-1-96; Rn, 1 NMAC 3.51, 5-15-97; Recompiled 11/30/01]

 

HISTORY OF 1.12.7 NMAC  [RESERVED.]

 
Return to NMAC homepage
 

TITLE 1                 GENERAL GOVERNMENT ADMINISTRATION

CHAPTER 12       INFORMATION TECHNOLOGY

PART 5                 OVERSIGHT OF INFORMATION TECHNOLOGY PROJECTS

 

1.12.5.1                 ISSUING AGENCY.  Information Technology Commission.

[1.12.5.1 NMAC - Rp 1.12.5.1 NMAC, 9/30/2005]

 

1.12.5.2                 SCOPE.  This rule applies to the oversight of all information technology projects undertaken by executive agencies.

[1.12.5.2 NMAC - Rp 1.12.5.2 NMAC, 9/30/2005]

 

1.12.5.3                 STATUTORY AUTHORITY.  Sections 15-1C-5 and 15-1C-8 NMSA 1978.

[1.12.5.3 NMAC - Rp 1.12.5.3 NMAC, 9/30/2005]

 

1.12.5.4                 DURATION.  Permanent.

[1.12.5.4 NMAC - Rp 1.12.5.4 NMAC, 9/30/2005]

 

1.12.5.5                 EFFECTIVE DATE.  September 30, 2005, unless a later date is cited at the end of a section.

[1.12.5.5 NMAC - Rp 1.12.5.5 NMAC, 9/30/2005]

 

1.12.5.6                 OBJECTIVE.  The purpose of this rule is to set forth agency and office IT project management oversight responsibilities.

[1.12.5.6 NMAC - Rp 1.12.5.6 NMAC, 9/30/2005]

 

1.12.5.7                 DEFINITIONS.

                A.            “Agency” means a state organizational entity of the executive branch, used interchangeably with department.

                B.            “Independent” is used to describe the autonomous and impartial verification and validation assessment of compliance to a project and the project’s products requirements.  These independent assessments are performed by a contractor that is not responsible for developing the product or performing the activity being evaluated.

                C.            “Independent verification and validation (IV&V)” means the process of evaluating a project and the project’s product to determine compliance with specified requirements and the process of determining whether the products of a given development phase fulfill the requirements established during the previous stage, both of which are performed by an organization independent of the lead agency.

                D.            “Executive sponsor” is the person or group that provides the financial resources, in cash or kind, for the project.

                E.             “Lead agency” of a multi-agency project is the agency that is indicated as lead agency in the General Appropriations Act or as designated by the office.  In the case that a single agency sponsors a project then that agency shall be known as the lead agency.

                F.             “Office” means the office of the chief information officer.

                G.            “Oversight” means a continuous process of project review and evaluation to ensure that project objectives are achieved in accordance with an approved project plan and project schedule and that IT projects are in scope, on time and within budget.

                H.            “Product development life cycle” is a series of sequential , non-overlapping phases comprised of iterative disciplines such as requirements, analysis and design, implementation, test, and deployment implemented to build a product or develop a service.

                I.              “Project” means a temporary process undertaken to solve a well-defined goal or objective with clearly defined start and end times, a set of clearly defined tasks, and a budget.  The project terminates once the project scope is achieved and project approval is given by the project executive sponsor and verified by the office.

                J.             “Project director” means a qualified person from the lead agency whose responsibility is to manage a series of related projects.

                K.            “Project manager” means a qualified person from the lead agency responsible for all aspects of the project over the entire project management lifecycle (initiate, plan, execute, control, close).  Must be familiar with project scope and objectives, as well as effectively coordinate the activities of the team.  In addition, responsible for developing the project plan and project schedule with the project team to ensure timely completion of the project.  Interfaces with all areas affected by the project including end users, distributors, and vendors.  Ensures adherence to the best practices and standards of the office.

                L.            “Project management plan” is a formal document approved by the executive sponsor and the office and developed in the plan phase used to manage both project execution, control, and project close.  The primary uses of the project plan are to document planning assumptions and decisions, facilitate communication among stakeholders, and documents approved scope, cost, and schedule baselines.  A project plan includes at least other plans for issue escalation, change control, communications, deliverable review and acceptance, staff acquisition, and risk management.

                M.           “Project product” means the final project deliverable as defined in the project plan meeting all agreed and approved acceptance criteria.

                N.            “Project schedule” is a tool used to indicate the planned dates, dependencies, and assigned resources for performing activities and for meeting milestones.

                O.            “Qualified” means demonstrated experience managing IT projects.  Demonstrated experience includes exhibiting the ability to apply project management methodology to maintain projects on time, on budget, and on schedule.  Qualified also includes those employees who have the demonstrated ability to manage resources, lead people to accomplishing project objectives and who possess a working knowledge of the project scope.

                P.            “Quality” means the degree to which a system, system component, or process meets specified requirements, customer needs, and user expectations.

                Q.            “Quality assurance” means a planned and systematic pattern of all actions necessary to provide adequate confidence that a product or system component conforms to established requirements.

                R.            “Validation” means ensuring a system meets documented performance outcomes and requirements of the project.

                S.            “Verification” means application of an appropriate test yielding documentable, measurable evidence that ensures a process executed or the technical system developed produces required performance outcomes.

[1.12.5.7 NMAC - Rp 1.12.5.7 NMAC, 9/30/2005]

 

1.12.5.8                 PROJECT MANAGEMENT METHODOLOGY.

                A.            All IT projects shall be managed:

                    (1)     using a qualified project manager;

                    (2)     using a formal project management methodology, processes, and techniques approved by the office; and

                    (3)     by analyzing and monitoring risk at periodic intervals during the project management lifecycle, and mitigating risks before they negatively impact the IT project schedule, scope, or budget.

                B.            During the project management lifecycle, agencies shall select and implement a phase product development lifecycle methodology approved by the office.

                C.            The project budget must be documented in the project management plan by the phases and by deliverable.

[1.12.5.8 NMAC - Rp 1.12.5.8 NMAC, 9/30/2005]

 

1.12.5.9                 LEAD AGENCY RESPONSIBILITIES.

                A.            A lead agency shall perform the following functions.

                    (1)     Manage its own information technology (IT) projects and project resources and use the state project management methodology for planning, executing, and controlling the project.

                    (2)     Appoint a qualified state employee as the lead project manager and if applicable a project director.  If the agency hires a contract project manager, the lead project manager/director shall be responsible for ensuring that the consulting firm and/ or contract project manager is managed to the best interests of the state.

                    (3)     Provide to the office all project management and product deliverables.  Deliverables shall include but not limited to the project plan, project schedule, initial and periodic risk assessments, quality strategies and plan, periodic project status reports, requirement and design documents for all projects.  The lead agency must make available all deliverables in a repository with open access for the Information Technology Commission (ITC) and office review.

                    (4)     Prepare and submit a written project status report at least monthly to the office, and more frequently at the request of the ITC or the office.

                    (5)     Prepare a written risk assessment report at the inception of a project and at the end of each product development lifecycle phase or more frequently for large and high-risk projects.  Each risk assessment shall be included as a project activity in the project schedule.

                    (6)     Develop and provide quality strategies, including Independent Verification and Validation, in compliance with the office best practices and standards.

                B.            The lead agency shall fully cooperate and seek the assistance of the office regarding the planning and execution of IT projects.

[1.12.5.9 NMAC - Rp 1.12.5.9 NMAC, 9/30/2005]

 

1.12.5.10               RESPONSIBILITIES OF THE OFFICE.  The office shall:

                A.            provide oversight of all IT projects;

                B.            review agency IT plans;

                C.            make recommendations to the ITC regarding prudent allocation of IT resources, reduction of redundant data, hardware, and software, and improve interoperability and data accessibility between agencies;

                D.            approve agency RFPs, contract vendor requests and IT contracts including amendments, emergency procurements, sole source contracts and price agreements;

                E.             recommend procedure and rules to the ITC to improve oversight of IT procurement;

                F.             monitor agency compliance and report to the Governor, ITC and agency management on noncompliance;

                G.            review IT cost recovery mechanisms and rate structures and make recommendations to the ITC;

                H.            provide technical support to agencies for IT plan development;

                I.              review appropriation requests to ensure compliance with agency plans and the strategic plan;

                J.             monitor the progress of agency IT projects, including ensuring adequate project management, risk management and disaster recovery practices;

                K.            submit project portfolio status reports to the ITC; and

                L.            recommend IT project funding as required by law.

[1.12.5.10 NMAC - Rp 1.12.5.10 NMAC, 9/30/2005]

 

1.12.5.11               REPORTING REQUIREMENTS.

                A.            Project status reports.  For all projects that require office oversight, the lead agency project manager shall submit an agency approved project status report on a monthly basis to the office.

                B.            Independent verification and validation assessment reporting.  The office requires all projects subject to oversight to engage an independent verification and validation contractor unless waived by the office.  The IV&V contractor shall perform the following activities.

                    (1)     Prepare an initial risk assessment report at project inception. This assessment will include recommended mitigation activity to reduce the impact and probability of the identified risk.

                    (2)     Prepare initial status report at project inception to disclose the effectiveness of project management and whether the documented project activities are meeting the objectives set forth by project.

                    (3)     Prepare interim reports based on the phases as indicated within the project schedule.  Included in the report will be an evaluation on whether product development requirements are being met, project management is effective, continuing risk analysis, and how the project is implementing previous recommended risk mitigation strategies.

                    (4)     Prepare a post implementation assessment at project close to indicate whether project objectives were met based on the project’s scope and acceptance criteria.

                    (5)     Submit each risk assessment report, status report, interim report, and post-implementation assessment report to the office within five (5) business days of each deliverable due date as indicated on the project schedule.  All reports must be submitted to the agency heads and the office.

[1.12.5.11 NMAC - Rp 1.12.5.11 NMAC, 9/30/2005]

 

HISTORY OF 1.12.5 NMAC:

 

History of Repealed Material:

1.12.5 NMAC, Oversight of Project and Program Management and Certification (filed 8/30/2000) and amendment (filed 4/30/2004) is repealed effective 9/30/2005.

 

NMAC History:

1.12.5 NMAC, Oversight of Project and Program Management and Certification (filed 8/30/2000) and amendment (filed 4/30/2004) is replaced with 1.12.5 NMAC, Oversight of Information Technology Projects, effective 9/30/2005.

 

 
Return to NMAC homepage
 

TITLE 1                 GENERAL GOVERNMENT ADMINISTRATION

CHAPTER 12       INFORMATION TECHNOLOGY

PART 6                 ARCHITECTURAL CONFIGURATION REQUIREMENTS

 

1.12.6.1                 ISSUING AGENCY:  Information Technology Commission.

[1.12.6.1 NMAC - N, 7-14-00]

 

1.12.6.2                 SCOPE:  This rule applies to all executive agencies.

[1.12.6.2 NMAC - N, 7-14-00]

 

1.12.6.3                 STATUTORY AUTHORITY: NMSA 1978 Section 15-1C-5.

[1.12.6.3 NMAC - N, 7-14-00]

 

1.12.6.4                 DURATION: Permanent.

[1.12.6.4 NMAC - N, 7-14-00]

 

1.12.6.5                 EFFECTIVE DATE: July 14, 2000, unless a later date is cited at the end of a section.

[1.12.6.5 NMAC - N, 7-14-00]

 

1.12.6.6                 OBJECTIVE: The purpose of this rule is to set forth procedures for establishing architectural configuration requirements.

[1.12.6.6 NMAC - N, 7-14-00]

 

1.12.6.7                 DEFINITIONS:  As used in this rule:

                A.            architectural configuration requirement (ACR) means the technical specifications for information architecture and computer system purchases for executive agencies;

                B.            IAS means  any information architecture subcommittee of the commission.

[1.12.6.7 NMAC - N, 7-14-00]

 

1.12.6.8                 STANDARDS FOR ACRs: ACRs will be based on an evaluation of an item’s:

                A.            life cycle;

                B.            system interoperability and data accessibility;

                C.            technical quality;

                D.            training compatibility;

                E.             wide use;

                F.             company financial stability; and

                G.            ability to advance government efficiency.

[1.12.6.8 NMAC - N, 7-14-00]

 

1.12.6.9                 PROPOSED ACRs:

                A.            An IAS may submit a proposal for an ACR to the office.

                B.            The office shall evaluate the proposal for compliance with the state information architecture and the state strategic plan and shall report its findings and recommendations to the commission.

                C.            The commission may reject the proposal, agree to consider it further, or approve a comment draft.  The comment draft may contain modifications agreed to by the commission.

[1.12.6.9 NMAC - N, 7-14-00]

 

1.12.6.10               NOTICE OF PROPOSED ACR:  The office shall post notice of a proposed ACR on the internet at its internet address at least twenty (20) calendar days prior to adoption of the proposed ACR.

[1.12.6.10 NMAC - N, 7-14-00]

 

1.12.6.11               AVAILABILITY OF COMMENT DRAFT:  The office shall:

                A.            post comment drafts on the internet at its internet address;

                B.            send comment drafts to all members of the information oversight committee;

                C.            notify all persons on the electronic distribution list that a comment draft is available for comment;

                D.            mail or fax a hard copy of a comment draft to any person requesting a copy of the comment draft in writing or by telephone.

[1.12.6.11 NMAC - N, 7-14-00]

 

1.12.6.12               COMMENT PROCEDURE:

                A.            The office shall make a comment draft available for comment for at least twenty (20) calendar days prior to its adoption.

                B.            Any person may submit written comments on the proposed ACR to the office in hard copy or by electronic means.

                C.            All comments received before the deadline for receipt of comments will be considered; comments received after the deadline will not be considered.

[1.12.6.12 NMAC - N, 7-14-00]

 

1.12.6.13               REVIEW:  The office shall review all comments for compliance with the state information architecture and the state strategic plan, prepare a summary of all comments received before the deadline, and report its findings and recommendations to the commission.

[1.12.6.13 NMAC - N, 7-14-00]

 

1.12.6.14               COMMISSION ACTION:

                A.            The commission shall consider the comment draft, the summary of comments, and the findings and recommendations of the office at a meeting held after the comment period.

                B.            The commission may adopt the proposed ACR without revision, revise and adopt the proposed ACR, revise the proposed ACR and seek additional comments, or reject the proposed ACR.

[1.12.6.14 NMAC - N, 7-14-00]

 

1.12.6.15               AMENDMENT AND REPEAL OF ACR:  The commission may amend, replace or repeal an ACR in accordance with the procedures set forth in this rule.

[1.12.6.15 NMAC - N, 7-14-00]

 

1.12.6.16               AVAILABILITY OF ADOPTED ACRs:  The office shall post all ACRs adopted by the commission on the internet at the office's internet address.

[1.12.6.16 NMAC - N, 7-14-00]

 

1.12.6.17               EXEMPTION:

                A.            An agency may request exemption from an ACR.  Exemptions shall be granted only if complying with an ACR would:

                    (1)     result in a significant increase in agency costs;

                    (2)     decrease the security of agency operations;

                    (3)     compromise essential service attributes critical to agency success; or

                    (4)     result in inadequate resource levels.

                B.            An agency shall file a written request for exemption with the IAS which proposed the ACR.  The request shall state the grounds on which the request is based and shall include any information available to support the request.  The IAS shall respond to the request within thirty (30) days.

                C.            Agencies may file a written request for review of an adverse IAS decision with the CIO.  The CIO shall review the IAS decision but shall only consider information presented to IAS, unless new information becomes available that was not available at the time the agency submitted its request for exemption to the IAS.  The CIO shall make a final decision within fifteen (15) days.

[1.12.6.17 NMAC - N, 7-14-00]

 

HISTORY OF 1.12.6 NMAC:  [Reserved.]

 

 
Return to NMAC homepage
 

TITLE 1                 GENERAL GOVERNMENT ADMINISTRATION

CHAPTER 12       INFORMATION TECHNOLOGY

PART 4                 MAGNET NETWORK  AGGREGATION

 

1.12.4.1                 ISSUING AGENCY:  Information Technology Commission.

[1.12.4.1 NMAC - N, 12-29-00]

 

1.12.4.2                 SCOPE:  This rule applies to all executive state agencies that lease broadband circuit service.

[1.12.4.2 NMAC - N, 12-29-00]

 

1.12.4.3                 STATUTORY AUTHORITY:  NMSA 1978 Section 15-1C-5.

[1.12.4.3 NMAC - N, 12-29-00]

 

1.12.4.4                 DURATION:  Permanent.

[1.12.4.4 NMAC - N, date]

 

1.12.4.5                 EFFECTIVE DATE:  December 29, 2000, unless a later date is cited at the end of a section.

[1.12.4.5 NMAC - N, 12-29-00]

 

1.12.4.6                 OBJECTIVE:  The purpose of this rule is to facilitate the creation of a shared, centrally managed statewide network infrastructure by aggregating broadband circuit service to state agencies when it is to the economic and operational advantage of the state.

[1.12.4.6 NMAC - N, 12-29-00]

 

1.12.4.7                 DEFINITIONS:  As used in this rule:

                A.            BMAC means the Broadband management advisory committee, a subcommittee of the commission.

                B.            ISD-OC means the information systems division, office of communications.

[1.12.4.7 NMAC - N, 12-29-00]

 

1.12.4.8                 MAGNET NETWORK AGGREGATION IMPLEMENTATION AND BUSINESS PLAN: MAGnet network aggregation will be accomplished according to the MAGnet network aggregation implementation and business plan.

[1.12.4.8 NMAC - N, 12-29-00]

 

1.12.4.9                 RESPONSIBILITIES OF STATE AGENCIES:

                A.            Agencies shall participate in broadband circuit aggregation efforts, unless exempted pursuant to the provisions of this rule.

                B.            Agencies will transfer administrative management of existing contracts for broadband circuit service to ISD-OC as the BMAC determines the most effective method for accomplishing the transfer.

[1.12.4.9 NMAC - N, 12-29-00]

 

1.12.4.10               RESPONSIBILITIES OF BMAC:  BMAC will provide high-level management oversight for the shared broadband circuit network including, but not limited to, provision of new services and changes in direction, service level, or attributes of broadband circuit service.

[1.12.4.10 NMAC - N, 12-29-00]

 

1.12.4.11               RESPONSIBILITIES OF ISD-OC:  ISD-OC will:

                A.            provide administrative management of all broadband circuits leased by state agencies, including control of billing and contracts;

                B.            provide technical management of all shared broadband circuits;

                C.            participate in the negotiation of all new agreements for broadband circuit service;

                D.            participate in the negotiation of renewal agreements for broadband circuit service in conjunction with agencies as individual agency contracts for broadband circuit service expire:

                    (1)     ISD-OC may negotiate renewal agreements affecting agency-managed broadband circuit service without express agency approval if the renewal agreement results in no additional charge to the affected agency.

                    (2)     If the renewal agreement results in cost savings without value being added to an agency’s broadband circuit service, ISD-OC will pass the cost savings along to the affected agency.

                    (3)     ISD-OC must seek approval from an agency before negotiating any renewal agreement for broadband circuit service that will result in increased costs to the agency.

                E.             effectuate the transition to an aggregated broadband circuit network in ways that minimize:

                    (1)     involuntary increases in individual agency expenses;

                    (2)     disruptions to current agency operations; and

                    (3)     delays in adding or changing broadband circuit services necessary to maintain agency operations.

                F.             provide advance notice to, and obtain consent from, an agency when disruptions or delays in broadband circuit service to the agency must be scheduled.

[1.12.4.11 NMAC - N, 12-29-00]

 

1.12.4.12               RESPONSIBILITIES OF THE CIO:  The CIO will:

                A.            participate in the negotiation on behalf of the state all new agreements for broadband circuit service;

                B.            participate in the negotiation of renewal agreements for broadband circuit service in conjunction with agencies as individual agency contracts for broadband circuit service expire; and

                C.            serve as a neutral liaison between ISD/OC and any agency that has a complaint about management of all broadband circuit agreements.

[1.12.4.12 NMAC - N, 12-29-00]

 

1.12.4.13               EXEMPTION:

                A.            An agency may request exemption from the requirement to participate in broadband circuit aggregation efforts.  Exemptions shall be granted only if aggregation would:

                    (1)     result in a significant increase in agency costs;

                    (2)     decrease the security of agency operations;

                    (3)     compromise essential service attributes critical to agency success; or

                    (4)     result in inadequate resource levels.

                B.            An agency shall file a written request for exemption with the CIO.  The request shall state the grounds on which the request is based and shall include any information available to support the request.  The CIO shall respond to the request within thirty (30) days.

                C.            Agencies may file a written request for review of an adverse CIO decision with the commission.  The commission shall review the CIO decision but shall only consider information presented to the CIO, unless new information becomes available that was not available at the time the agency submitted its request for exemption to the CIO.  The commission shall make a final decision at its next regularly scheduled meeting.

[1.12.4.13 NMAC - N, 12-29-00]

 

HISTORY OF 1.12.4 NMAC:  [Reserved.]

 

 
Return to NMAC homepage
 

TITLE 1                 GENERAL GOVERNMENT ADMINISTRATION

CHAPTER 12       INFORMATION TECHNOLOGY

PART 3                 ELECTRONIC MAIL THIRD-PARTY RELAY

 

1.12.3.1                 ISSUING AGENCY.  Information Technology Commission.

[1.12.3.1 NMAC - N, 6-15-00]

 

1.12.3.2                 SCOPE.  This rule applies to all executive state agencies.

[1.12.3.2 NMAC - N, 6-15-00]

 

1.12.3.3                 STATUTORY AUTHORITY.  NMSA 1978 Section 15-1C-5.

[1.12.3.3 NMAC - N, 6-15-00]

 

1.12.3.4                 DURATION.  Permanent.

[1.12.3.4 NMAC - N, 6-15-00]

 

1.12.3.5                 EFFECTIVE DATE.  June 15, 2000, unless a later date is cited at the end of a section.

[1.12.3.5 NMAC - N, 6-15-00]

 

1.12.3.6                 OBJECTIVE.  The purpose of this rule is to establish requirements regarding state agency electronic mail systems.

[1.12.3.6 NMAC - N, 6-15-00]

 

1.12.3.7                 DEFINITIONS.  As used in this rule, third-party relay means that feature of an Internet electronic mail system that enables any mail sender on the Internet to transfer messages using any mail server on the Internet installed with the feature, regardless of the mail server's location.

[1.12.3.7 NMAC - N, 6-15-00]

 

1.12.3.8                 THIRD-PARTY RELAY.  State agencies operating Internet electronic mail systems shall disable the third party relay feature and shall take any other steps necessary to ensure that electronic mail originating from outside state agencies is not relayed by state-owned mail servers.

[1.12.3.8 NMAC - N, 6-15-00]

 

1.12.3.9                 EXEMPTION.

                A.            An agency seeking an exemption from the requirements of this rule shall file a written request with the CIO.  The request shall state the grounds for the exemption request and shall include any information available to support the request.  The CIO shall respond to the request within thirty (30) days.

                B.            An agency may file with the Commission a written request for review of an adverse CIO decision.  The Commission shall make a final decision at its next regularly scheduled meeting, unless a special meeting is called for that purpose.

[1.12.3.9 NMAC - N, 6-15-00]

 

History of 1.12.3 NMAC: [RESERVED]

 
Return to NMAC homepage
 

This rule was filed as 1 NMAC 12.2

 

TITLE 1 GENERAL GOVERNMENT ADMINISTRATION

CHAPTER 12       INFORMATION TECHNOLOGY

PART 2                 COMMISSION OPERATING PROCEDURES

 

1.12.2.1                 ISSUING AGENCY:  Information Technology Commission.

[2-1-00; Recompiled 11/30/01]

 

1.12.2.2                 SCOPE:  This rule applies to all actions taken by the information technology commission.

[2-1-00; Recompiled 11/30/01]

 

1.12.2.3                 STATUTORY AUTHORITY:  NMSA 1978 Section 15-1C-5.

[2-1-00; Recompiled 11/30/01]

 

1.12.2.4                 DURATION:  Permanent.

[2-1-00; Recompiled 11/30/01]

 

1.12.2.5                 EFFECTIVE DATE:  February 1, 2000, unless a later date is cited at the end of a section or paragraph.

[2-1-00; Recompiled 11/30/01]

[Compiler’s note:  The words or paragraph, above, are no longer applicable.  Later dates are now cited only at the end of sections, in the history notes appearing in brackets.]

 

1.12.2.6                 OBJECTIVE:  The purpose of this rule is to establish the procedures by which the commission will operate in carrying out its responsibilities under the Act.

[2-1-00; Recompiled 11/30/01]

 

1.12.2.7                 DEFINITIONS:  As used in this rule:

                A.            “advisory member” means a person appointed to the commission pursuant to NMSA 1978 Section 15-1C-4B;

                B.            “comment draft” means the draft of a proposed rule or guideline approved by the Commission for publication for the limited purpose of receiving comments;

                C.            “designee” means the person selected by a member to represent and vote or otherwise act on behalf of the member, where the selection of a designee is permitted by law;

                D.            “public member” means a person appointed to the commission pursuant to NMSA 1978 Section 15-1C-4A(5);

                E.             “voting member” means a person appointed to the commission pursuant to NMSA 1978 Section 15-1C-4A and includes a public member.

[2-1-00; Recompiled 11/30/01]

 

1.12.2.8                 MEMBERS:

                A.            Terms.  Public members shall serve for staggered three-year terms or until they resign. All other members shall serve until they resign or are replaced by their appointing authority.

                B.            Vacancies.  A member may resign or a member's position on the commission may be deemed vacant if the member or his designee fails to participate in three (3) successive regular meetings.

                C.            Notice of vacancy.  The commission shall notify the appointing authority of a vacancy on the Commission.

                    (1)     Public members. The appointing authority shall appoint a replacement for the remainder of the three-year term.

                    (2)     All other members. The appointing authority shall appoint a replacement.

                D.            Conflicts of interest.  If any member of the commission has a financial interest in state information systems, state contracts, or the outcome of any commission action, the member shall disclose such interest to the commission and shall not vote on any matter which may have an effect on such interest. [2-1-00; Recompiled 11/30/01]

 

1.12.2.9                 OFFICERS:

                A.            Chairperson.  The chairperson shall preside at meetings of the commission and shall assume all duties designated from time to time by the commission.

                B.            Vice-chairperson.  The vice-chairperson shall perform the duties and assume the obligations of the chairperson when the chairperson is absent. When a vacancy occurs in the office of chairperson, the vice-chairperson shall serve as chairperson until the commission elects a chairperson.

                C.            Elections.

                    (1)     Date of elections.  Starting in 2000, the commission shall elect a chairperson and a vice-chairperson at a commission meeting to be held in May of every even-numbered year.

                    (2)     Nominations.  Any voting member may nominate an individual to serve as chairperson or vice-chairperson of the commission.  Nominations may be made in person at a commission meeting or by e-mail, facsimile or other writing addressed to the office.  For bi-annual elections, nominations must be received by the office no later than April 1 of every even-numbered year.  The office shall provide the names of nominees for chairperson and vice-chairperson to all members by April 10 of every even-numbered year.

                    (3)     Voting.  Voting shall be by voice or roll call vote.  New officers shall assume their duties upon adjournment of the meeting.

                    (4)     Vacancies.  When a vacancy occurs in the office of chairperson or vice-person, the office shall as soon as practicable give notice of the vacancy to the commission, invite nominations from voting members by a specified date, provide the names of nominees to fill the vacancy to all members at least five calendar days before the next meeting, and, at the next meeting, the commission shall elect an individual to serve out the remainder of the chairperson's or vice-chairperson's term.

[2-1-00; Recompiled 11/30/01]

 

1.12.2.10               COMMITTEES:  The commission may appoint committees from time to time and may abolish them at any time.  Committees shall have investigative or advisory powers only, reporting all findings and recommendations to the commission for action. The commission shall assign specific topics for study or well-defined areas of activity to each committee immediately following its appointment.

[2-1-00; Recompiled 11/30/01]

 

1.12.2.11               STAFF:  The office shall serve as staff to the commission and shall:

                A.            prepare, file and post all notices of meetings;

                B.            prepare the agenda for meetings; the agenda for regular meetings shall include at a minimum a call to order, roll call, approval of agenda and minutes, presentation and recommendations to the commission, unfinished business, commission-requested discussion or action, new business, and adjournment.

                C.            arrange the time, place, and facilities for meetings;

                D.            tape record each meeting; the tape recording shall constitute the detailed minutes of the meeting;

                E.             prepare summary minutes of each meeting in writing in accordance with New Mexico law; summary minutes shall include at a minimum the date, time, and place of the meeting; the names of commission members present and absent; the subjects discussed by the commission; and a record of all votes taken that shows how each member voted.

                F.             prepare ballots for election of officers as necessary;

                G.            establish and maintain an electronic distribution list for all persons requesting notice of comment drafts;

                H.            maintain and have custody of the records of the commission;

                I.              draft or review proposed rules and guidelines, and proposed amendments to rules and guidelines;

                J.             prepare reports on behalf of the commission;

                K.            recommend revisions to commission operating procedures as needed;

                L.             orient new commission members; and

                M.           do all other tasks requested by the commission.

[2-1-00; Recompiled 11/30/01]

 

1.12.2.12               MEETINGS:

                A.            Regular meetings.  The chairperson shall call a regular meeting of the commission not less often than semiannually.  The office shall provide notice to the public of the date, time, and place of regular meetings by publication once in a newspaper of general circulation in the state at least ten (10) calendar days in advance of the meeting.  The commission may not take action on, but may discuss, any item not specifically on the agenda.

                B.            Special meetings. The chairperson or a majority of the voting members of the commission may call a special meeting to consider urgent matters that do not qualify as an emergency. The Office shall provide notice to the public of the time, date, and place of special meetings by telephone to newspapers of general circulation in the state and by posting on the internet and at the office at least three (3) calendar days in advance of the meeting. The commission may discuss at a special meeting only those items specifically on the agenda.

                C.            Emergency meetings. The chairperson or a majority of the voting members of the commission may call an emergency meeting only when unforeseen circumstances demand immediate action to protect the health, safety and property of citizens or to protect the commission and the office from substantial financial loss. The office shall provide notice to the public of the time, date, and place of emergency meetings by telephone to newspapers of general circulation in the state and by posting on the internet and at the office at least twenty-four (24) hours in advance of the meeting, unless threat of personal injury or property damage require less notice. The commission may discuss at an emergency meeting only those items specifically on the agenda.

                D.            Notice.  All notices shall:

                    (1)     include information on how the public may obtain a copy of the agenda;

                    (2)     include the following language: “If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or other form of auxiliary aid or service to attend or participate in the meeting, please contact the information technology management office at 476-0400 at least one week prior to the meeting, or as soon as possible.  Public documents, including the agenda and minutes can be provided in various accessible formats by contacting the information technology management office at 476-0400.”;

                    (3)     be posted on the internet;

                    (4)     be posted at the information technology management office; and

                    (5)     be provided to broadcast stations licensed by the federal communications commission and newspapers of general circulation which have filed with the office a written request for notice of public meetings.

                E.             Waiver of notice to voting members.  Whenever any notice is required to be given to a voting member, a written waiver of notice signed by the voting member entitled to the notice is equivalent to the giving of timely notice. The attendance of a voting member at a meeting shall constitute waiver of notice of the meeting except when the voting member's attendance is for the sole purpose of objecting that the meeting is not lawfully called or convened.

                F.             Materials for review.  At least five (5) calendar days before a regular meeting or as soon as practicable, the office shall provide to the commission copies of draft reports, proposed rules or guidelines, and other documents to be discussed or voted on at the meeting.

                G.            Participation methods.  A member may participate in commission meetings in person or, if it is difficult or impossible for the member to attend in person, by any means of communication which permits all members participating in the meeting to hear each other at the same time and members of the public attending the meeting to hear any commission member who speaks during the meeting.

                H.            Quorum.  A majority of the thirteen (13) voting members shall constitute a quorum. The commission shall not take any official action without a quorum present.

                I.              Voting.  Only voting members may vote on official matters before the commission. A majority of a quorum of the voting members must vote in the affirmative for an action to be taken; a tie vote shall be deemed a negative vote.

                J.             Agenda.  Any person may request the chairperson to place an item on the agenda or an item may be placed on the agenda by a majority of the voting members. The office shall prepare the agenda in consultation with the chairperson and make it available to the public and the commission at least twenty-four (24) hours prior to the meeting.

                K.            Closure of meetings.  The commission may close a meeting to the public only to discuss matters exempted from the open meeting requirement by NMSA 1978 Section 10-15-1(H).

                    (1)     The commission may close an open meeting by a majority vote of a quorum taken during the open meeting.  The motion for closure shall state with reasonable specificity the subject to be discussed and the provision of law authorizing the closed meeting.  The vote of each voting member on the motion for closure shall be recorded in the minutes.  Only those subjects specified in the motion may be discussed in the closed portion of the meeting.

                    (2)     The commission may hold a separately scheduled closed meeting only if an appropriate notice of closure, stating with reasonable specificity the subject to be discussed and the provision of law authorizing the closed meeting, is given to the members and the general public.

                    (3)     The minutes of an open meeting that was closed, or the minutes of the next open meeting held after a separately scheduled closed meeting, shall state that the discussions in the closed meeting were limited to those matters specified in the motion for closure or notice of closure.

                    (4)     Except as provided in NMSA 1978 Section 10-15-1(H), the commission shall vote in an open meeting on any action taken as a result of discussions in a closed meeting.

                L.             Meeting procedures.  The commission shall conduct its meetings in accordance with Robert's Rules of Order, Newly Revised, except that this rule shall govern in the event of a conflict between this rule and Robert's Rules of Order.

[2-1-00; Recompiled 11/30/01]

 

1.12.2.13               ADOPTION OF RULES:

                A.            Proposed rules.  Any person may submit a proposal for a rule to the commission.  The office shall evaluate the proposal for compliance with the state information architecture and the state strategic plan and shall report its findings and recommendations to the commission.  The commission may reject the proposal, agree to consider it further, or approve a comment draft.  The comment draft may contain modifications agreed to by the commission.

                B.            Emergency rules.  The CIO may issue an emergency rule in accordance with 1 NMAC 3.3.20, Emergency Rules [now 1.24.20 NMAC].  Executive agencies shall comply with an emergency rule pending its adoption by the commission pursuant to the rulemaking procedures set forth in this section or until the emergency rule expires.

                C.            Notice of proposed rulemaking.  The office shall cause a notice of proposed rulemaking to be published once in the New Mexico register and once in a newspaper of general circulation in the state, and posted on the internet at its internet address at least twenty-five (25) calendar days prior to adoption of the proposed rule.

                D.            Availability of comment draft.  The office shall:

                    (1)     post comment drafts on the Internet at its internet address;

                    (2)     send comment drafts to all members of the information technology oversight committee;

                    (3)     notify all persons on the electronic distribution list that a comment draft is available for comment; and

                    (4)     mail or fax a hard copy of a comment draft to any person requesting a copy of the comment draft in writing or by telephone.

                E.             Comment procedure.  The office shall make a comment draft available for comment for at least twenty (20) calendar days prior to its adoption.  Any person may submit written comments on the proposed rule to the Office in hard copy or by electronic means. All comments received before the deadline for receipt of comments will be considered; comments received after the deadline will not be considered.

                F.             Review.  The office shall review all comments for compliance with the state information architecture and the state strategic plan, prepare a summary of all comments received before the deadline, and report its findings and recommendations to the commission.

                G.            Commission action.  The commission shall consider the comment draft, the summary of comments, and the findings and recommendations of the office at a meeting held after the comment period. The commission may adopt the proposed rule without revision, revise and adopt the proposed rule, revise the proposed rule and seek additional comments, or reject the proposed rule,.

                H.            Amendment and repeal of rules.  The commission may amend, replace, or repeal rules in accordance with the procedures set forth in this section.

                I.              Records of rulemakings.  The office shall compile a record of all rulemakings containing at a minimum the notice of rulemaking, the comment draft, all comments received by the deadline for the receipt of comments, the minutes of commission meetings at which the proposed rule was discussed, the stamped copy of the adopted rule filed with the state records center, and the transmittal form and shall maintain them for a period of at least three (3) years from the date the rule becomes effective.

                J.             Availability of adopted rules.  The office shall post all rules adopted by the commission on the internet at the office's internet address.

[2-1-00; Recompiled 11/30/01]

 

1.12.2.14               ADOPTION OF GUIDELINES:

                A.            Proposed guidelines.  Any person may submit a proposal for a guideline to the commission.  The office shall evaluate the proposal for compliance with the state information architecture and the state strategic plan and shall report its findings and recommendations to the commission.  The commission may reject the proposal, agree to consider it further, or approve a comment draft.  The comment draft may contain modifications agreed to by the commission.

                B.            Notice of proposed guidelines.  The office shall post notice of a proposed guideline on the internet at its internet address at least twenty-five (25) calendar days prior to adoption of the proposed guideline.

                C.            Availability of comment draft.  The office shall:

                    (1)     post comment drafts on the internet at its internet address;

                    (2)     send comment drafts to all members of the information technology oversight committee;

                    (3)     notify all persons on the electronic distribution list that a comment draft is available for comment; and

                    (4)     mail or fax a hard copy of a comment draft to any person requesting a copy of the comment draft in writing or by telephone.

                D.            Comment procedure.  The office shall make a comment draft available for comment for at least twenty (20) calendar days prior to its adoption.  Any person may submit written comments on the proposed guideline to the office in hard copy or by electronic means.  All comments received before the deadline for receipt of comments will be considered; comments received after the deadline will not be considered.

                E.             Review.  The office shall review all comments for compliance with the state information architecture and the state strategic plan, prepare a summary of all comments received before the deadline, and report its findings and recommendations to the commission.

                F.             Commission action.  The commission shall consider the comment draft, the summary of comments, and the findings and recommendations of the office at a meeting held after the comment period.  The commission may adopt the proposed guideline without revision, revise and adopt the proposed guideline, revise the proposed guideline and seek additional comments, or reject the proposed guideline.

                G.            Amendment and repeal of guidelines.  The commission may amend, replace, or repeal guidelines in accordance with the procedures set forth in this section.

                H.            Availability of adopted guidelines.  The office shall post all guidelines adopted by the commission on the internet at the office's internet address.

[2-1-00; Recompiled 11/30/01]

 

1.12.2.15               ANNUAL REPORTS:

                A.            State information technology strategic plan.  On or before June 1 of each year, the commission shall update the state information technology strategic plan.

                B.            Information technology planning guidelines.  On or before June 1 of each year, the commission shall provide information technology planning guidelines to executive agencies to assist them in preparing their annual agency plans.

                C.            Funding recommendations.  On or before November 30 of each year, the commission shall submit its funding recommendations to the department of finance and administration, the legislative finance committee, and the information technology oversight committee.

[2-1-00; Recompiled 11/30/01]

 

history of 1.12.2 NMAC

 

History of Repealed Material:  [RESERVED]

 
Return to NMAC homepage
 

TITLE 1                 GENERAL GOVERNMENT ADMINISTRATION

CHAPTER 12       INFORMATION TECHNOLOGY

PART 1                 GENERAL PROVISIONS

 

1.12.1.1                 ISSUING AGENCY.  Information Technology Commission.

[1.12.1.1 NMAC - Rp/E, 1 NMAC 12.1.1, 12/02/2005]

[All documents intended for delivery to the information technology commission shall be addressed or delivered to the office of the chief information officer at 5301 Central NE, Suite 1500, Albuquerque, NM 87108.  The internet address for the information technology commission and the office of the chief information officer is www.cio.state.nm.us.  The email address for the office of the chief information officer is cio@state.nm.us]

 

1.12.1.2                 SCOPE.  This rule applies to all rules adopted by the information technology commission.

[1.12.1.2 NMAC - Rp/E, 1 NMAC 12.1.2, 12/02/2005]

 

1.12.1.3                 STATUTORY AUTHORITY.  NMSA 1978 Section 15-1C-5.

[1.12.1.3 NMAC - Rp/E, 1 NMAC 12.1.3, 12/02/2005]

 

1.12.1.4                 DURATION.  Permanent.

[1.12.1.4 NMAC - Rp/E, 1 NMAC 12.1.4, 12/02/2005]

 

1.12.1.5                 EFFECTIVE DATE.  December 2, 2005, unless a later date is cited at the end of a section.

[1.12.1.5 NMAC - Rp/E, 1 NMAC 12.1.5, 12/02/2005]

 

1.12.1.6                 OBJECTIVE.  The purpose of this rule is to set forth provisions that apply to all rules adopted by the information technology commission.

[1.12.1.6 NMAC - Rp/E, 1 NMAC 12.1.6, 12/02/2005]

 

1.12.1.7                 DEFINITIONS.  Defined terms apply to this rule and all other rules adopted by the information technology commission.

                A.            "Act" means the Information Technology Management Act, NMSA 1978 Section 15-1C-1 et seq.

                B.            "Agency" means an executive agency of the state.

                C.            "Architectural configuration requirement (ACR)" means the technical specifications for information architecture and computer system purchases for agencies adopted by the commission.

                D.            "CIO" means the chief information officer.

                E.             "Commission" means the information technology commission.

                F.             "Exception" means a request granted by the office allowing an agency an exclusion from compliance with a rule, ACR or guideline that is limited in scope an duration.

                G.            "Guideline" means a directive adopted by the commission.

                H.            "Individual" means a natural person, a human being.

                I.              "Office" means the office of the chief information officer.

                J.             "Person" means an individual, association, organization, partnership, firm, syndicate, trust, corporation, and every legal entity.

                K.            "Rule" means any rule adopted by the commission which requires compliance by executive agencies.

                L.            "State" means New Mexico, or, when the context indicates a jurisdiction other than New Mexico, any state, district, commonwealth, territory, or possession of the United States.

[1.12.1.7 NMAC - Rp/E, 1.12.1.7, 12/02/2005]

 

1.12.1.8                 USE OF COMMISSION-PRESCRIBED FORMS.  The office or commission may prescribe forms to carry out certain requirements of its adopted rules, ACRs and guidelines.  Prescribed forms must be used when a form exists for the purpose, unless these rules state otherwise or the requirement is waived by the office or commission.

[1.12.1.8 NMAC - Rp/E, 1 NMAC 12.1.8, 12/02/2005]

 

1.12.1.9                 RULE, ACR AND GUIDELINE COMPLIANCE AND EXCEPTION.  Rules, ACRs and guidelines shall be followed by agencies under all circumstances unless the office grants an exception in accordance with this rule.

                A.            An agency may request an exception.  An exception shall be granted only if compliance would:

                    (1)     threaten the function of government;

                    (2)     threaten the preservation or protection of property;

                    (3)     threaten the health or safety of any person;

                    (4)     result in significant increase in agency costs;

                    (5)     hinder mission critical services; or

                    (6)     compromise essential service attributes critical to agency success.

                B.            An agency shall file a written request for exception with the office that:

                    (1)     identifies the appropriate section of the rule, ACR or guideline from which the agency is requesting an exception;

                    (2)     outlines the grounds on which the request is based; and

                    (3)     includes any information available to support the request.

                C.            The office shall evaluate the request for exception and provide a written determination to the agency within fifteen (15) business days.

[1.12.1.9 NMAC - Rp/E, 1 NMAC 12.1.9, 12/02/2005]

 

HISTORY OF 1.12.1 NMAC:

Pre NMAC History:  None.

 

History of Repealed Material:

1 NMAC 12.1 named "General Provisions" (filed 1/18/2000) was repealed 12/02/2005.

 

NMAC History:

1 NMAC 12.1 named "General Provisions" (filed 1/18/2000) was replaced by 1.12.1 NMAC named "General Provisions", effective 12/02/2005.

 

 
Return to NMAC homepage
 
TITLE 1 - GENERAL GOVERNMENT ADMINISTRATION

CHAPTER 12

INFORMATION TECHNOLOGY

   
1.12.1 NMAC GENERAL PROVISIONS
1.12.2 NMAC COMMISSION OPERATING PROCEDURES
1.12.3 NMAC ELECTRONIC MAIL THIRD-PARTY RELAY
1.12.4 NMAC MAGNET NETWORK AGGREGATION
1.12.5 NMAC OVERSIGHT OF INFORMATION TECHNOLOGY PROJECTS
1.12.6 NMAC ARCHITECTURAL CONFIGURATION REQUIREMENTS
1.12.7 NMAC ELECTRONIC AUTHENTICATION
1.12.8 NMAC NOTIFICATION OF INTERNET PROTOCOL ADDRESSES
1.12.9 NMAC PROJECT CERTIFICATION OF TECHNOLOGY PROJECTS
1.12.10 NMAC INTERNET, INTRANET, EMAIL AND DIGITAL NETWORK USAGE
1.12.11 NMAC ENTERPRISE ARCHITECTURE
1.12.12 NMAC APPLICATION SOFTWARE SELECTION
1.12.13 - 19 NMAC [RESERVED] PARTS 13 - 19  
1.12.20 NMAC INFORMATION SECURITY OPERATION MANAGEMENT
     
 
Return to NMAC homepage
 

TITLE 4               CULTURAL RESOURCES

CHAPTER 53     NEW MEXICO MUSEUM OF NATURAL HISTORY AND SCIENCE

PART 2                 PUBLIC ADMISSIONS FEES

 

4.53.2.1                 ISSUING AGENCY: New Mexico Museum of Natural History and Science, a Division of the Department of Cultural Affairs.

[12-12-89, 9-10-96; 4.53.2.1 NMAC - Rn, 4 NMAC 53.2.1, 7/14/2000; A, 8/1/2004]

 

4.53.2.2                 SCOPE: General Public.

[12-12-89, 9-10-96; 4.53.2.2 NMAC - Rn, 4 NMAC 53.2.2, 7/14/2000]

 

4.53.2.3                 STATUTORY AUTHORITY: This regulation is implemented pursuant to Chapter 18-Article 3A-9 (I), NMSA 1978, (Repl. Pamp, 1991) and amendments thereto, which authorize the director, consistent with the policies set by the board of trustees and the secretary of the department of cultural affairs to impose and collect admission fees for the normal operation of the museum of natural history and science; and which authorize the museum to provide free admission to senior citizens (over sixty years of age) to enter the museum on Wednesdays, except for special exhibits, and programs where commissions or royalties are paid by contract.

[12-12-89, 9-10-96; 4.53.2.3 NMAC - Rn, 4 NMAC 53.2.3, 7/14/2000; A, 8/1/2004]

 

4.53.2.4                 DURATION: Permanent.

[12-12-89, 9-10-96; 4.53.2.4 NMAC - Rn, 4 NMAC 53.2.4, 7/14/2000]

 

4.53.2.5                 EFFECTIVE DATE: July 14, 2000 unless a later date is cited at the end of a section.

[12-12-89, 9-10-96, 10-29-99; 4.53.2.5 NMAC - Rn & A, 4 NMAC 54.2.5, 7/14/2000]

 

4.53.2.6                 OBJECTIVE: This regulation authorizes the imposition and collection of admission fees in order to fund the normal operations of the museum of natural history and science.

[12-12-89, 9-10-96; 4.53.2.6 NMAC - Rn, 4 NMAC 53.2.6, 7/14/2000]

 

4.53.2.7                 DEFINITIONS: Admission fee: the charge herein fixed by regulation for the privilege of entry into the New Mexico museum of natural history and science, a museum owned and administered by the state of New Mexico.

[12-12-89, 9-10-96; 4.53.2.7 NMAC - Rn, 4 NMAC 53.2.7, 7/14/2000]

 

4.53.2.8                 PUBLIC ADMISSIONS PRICES:

                A.            Public admissions prices for the New Mexico museum of natural history and science are as follows:

                    (1)     Adults $7

                    (2)     Seniors (60+) $6

                    (3)     Children (3-12) $4

                B.            Public admissions prices for the dynatheater located at the New Mexico museum of natural history and science are as follows:

                    (1)     Adults $10

                    (2)     Seniors (60+) $8

                    (3)     Children (3-12) $6

                C.            Public admissions prices for the museum or off-site location for special traveling exhibits, also known as "blockbuster" exhibits.  The prices indicated are "up to" dollar amounts and are as follows:

                    (1)     Adults Up To $5

                    (2)     Seniors (60+) Up To $4

                    (3)     Children (3-12) Up To $2

                D.            Public admissions prices for the planetarium located at the New Mexico museum of natural history and science are as follows:

                    (1)     Adults $7

                    (2)     Seniors (60+) $6

                    (3)     Children (3-12) $4

[12-12-89, 9-10-96, 10-29-99; 4.53.2.8 NMAC - Rn & A, 4 NMAC 53.2.8, 7/14/2000; A, 8/1/2004; A, 11/18/2006; A, 5/31/2011]

 

4.53.2.9                 FREE ADMISSIONS AND MUSEUM CLOSURES:  NMMNHS and the Sandia mountain natural history center (SMNHC) authorize free museum exhibits admission to all New Mexico residents (with proof thereof) the first Sunday of every month.  Admission to museum exhibits is free to all veterans (with proof thereof) on November 11th (Veterans Day).  The NMMNHS is closed to the public on the following state holidays:  Thanksgiving Day, Christmas Day, and New Year’s Day.

[4.53.2.9 NMAC - N, 5/31/2011]

 

HISTORY of 4.53.2 NMAC:

PreNMAC History:

Material in the part was derived from that previously filed with the commission of public records - state records center and archives:

OCA/NHMD 89-1, Public Museum Admission Prices for the New Mexico Museum of Natural History, filed 12-12-89.

OCA/NHMD 89-2, Public Theater Admission Prices for the New Mexico Museum of Natural History's Dynamax Theater, filed 12-12-89.

OCA/NHMD 89-3, Public Admissions Prices for the New Mexico Museum of Natural History and Dynamax Theater Combined, filed 12-12-89.

 

History of Repealed Material:  [RESERVED]

 

Other History:

OCA/NHMD 89-1, Public Museum Admission Prices for the New Mexico Museum of Natural History (filed 12-12-89); OCA/NHMD 89-2, Public Theater Admission Prices for the New Mexico Museum of Natural History’s Dynamax Theater (filed 12-12-89); and OCA/NHMD 89-3, Public Admissions Prices for the New Mexico Museum of Natural History and Dynamax Theater Combined (filed 12-12-89); all three rules renumbered, reformatted and replaced by 4 NMAC 53.2, Public Admissions Fees, effective 9-10-96.

4 NMAC 53.2, Public Admissions Fees (filed 8-19-96), renumbered, reformatted, amended and replaced by 4.53.2 NMAC, Public Admissions, effective 7-14-2000.

 

 
Return to NMAC homepage
 

This rule was filed as MNM: Rule No. 59.

 

TITLE 4 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 59               RESEARCH ON COLLECTIONS, OBJECTS AND CULTURAL PROPERTIES IN

                                PRIVATE OWNERSHIP

 

4.51.59.1               ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico).

[Recompiled 10/31/01]

 

4.51.59.2               SCOPE:

                A.            This rule applies to museum staff, who in their capacity as a museum employee, will perform comprehensive research on collections, objects and cultural properties in private ownership at the request of the owner.

                B.            Excluded from Rule No. 59 are simple individual requests for object identification; the study of collections, objects or cultural properties intended for donation to the museum of New Mexico or to the museum of New Mexico foundation; or the study of objects or collections intended for exhibit at the museum of New Mexico. These excluded studies are covered by other museum policies and rules.

[Recompiled 10/31/01]

 

4.51.59.3               STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.59.4               DURATION:  [Permanent]

[Recompiled 10/31/01]

 

4.51.59.5               EFFECTIVE DATE:  [Filed February 8, 1995]

[Recompiled 10/31/01]

 

4.51.59.6               OBJECTIVE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.59.7               DEFINITIONS:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.59.8               [CRITERIA]:  Study of collections, objects or cultural properties in private ownership is allowable only if the following criteria are met:

                A.            The resulting information or knowledge is believed to be in the best interest of the people of the state;

                B.            The collections, objects or cultural properties are obtained in a legal manner;

                C.            A written study proposal is developed by museum staff and approved by the museum director;

                D.            The resulting information or knowledge will be available to the public unless confidentiality is properly requested under the provision of the museum of New Mexico's Policy on Collections, Display, and Repatriation of Culturally Sensitive Materials; and

                E.             The costs of such studies are underwritten consistent with all applicable federal and state laws, including but no [sic] limited to the anti-donation clause of the constitution of the state of New Mexico.

[Recompiled 10/31/01]

 

4.51.59.9               [Comprehensive research]:

                A.            Comprehensive research includes studies that:

                    (1)     require 4 hours or more of museum staff time, or

                    (2)     at the request of the museum, require additional consultation or study by paid outside consultants, specialists, or laboratories, or

                    (3)     will result in the publication of the results of the research either by the museum or the owner.

                B.            If the study of the collections, objects or cultural property is determined to be comprehensive research, the following steps shall be followed:

                    (1)     A research plan consisting of the following shall be prepared:

                              (a)     a determination from museum staff that the results of the research will be in the best interests of the people of the state of New Mexico,

                              (b)     a proposed plan of study,

                              (c)     a statement on the source of funds for conducting the research,

                              (d)     plans for the dissemination of the results of the study.

                    (2)     Should the research indicate that the results are of a confidential nature as defined by the museum of New Mexico's Policy on Collections, Display, and Repatriation of Culturally Sensitive Materials a conclusion to that effect shall be stated.

                    (3)     Confirmation must be secured from the owner of the collections, objects or cultural property that the property was obtained in a manner consistent with state and federal laws governing the collecting of cultural property.

                    (4)     The above documentation shall be submitted to the director of the museum of New Mexico for approval before further work proceeds.

                    (5)     At the discretion of the director of the museum of New Mexico, or at the request of the board of regents, the proposed research may be reviewed by the board of regents for final decision.

                C.            Since the study is being conducted at the owner's request, the museum is not responsible for insurance on the materials included in the study and should not be held liable in case of loss or damage. The owner may maintain insurance on the materials at the owner's estimated valuation and at the owner's expense. If the owner elects to maintain his/her own insurance, the museum must be provided with a certificate of insurance naming the museum as an also insured, or be provided with a waiver of subrogation.

                D.            It should also be acknowledged and agreed that the museum may, in the course of the study, have to perform some destructive analysis. If this form of analysis is against the wishes of the owner, the owner must provide the museum with a written statement to that effect. The owner acknowledges that if destructive analysis is recommended, but not performed, the resulting report may be deficient in its informational content.

[Recompiled 10/31/01]

 

History OF 4.51.59 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

MNM: Rule 59, Research of Collections, Objects, and Cultural Properties in Private Ownership, 2/8/95 and Amendment No. 1, 7/6/95.

 

History of Repealed Material [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as MNM: Rule No. 58.

 

TITLE 4 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 58               CONTRACTING WITH OUTSIDE AGENCIES, PRIVATE ENTITIES, AND

                                INDIVIDUALS

 

4.51.58.1               ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico).

[Recompiled 10/31/01]

 

4.51.58.2               SCOPE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.58.3               STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.58.4               DURATION:  [Permanent]

[Recompiled 10/31/01]

 

4.51.58.5               EFFECTIVE DATE:  [Filed February 8, 1995]

[Recompiled 10/31/01]

 

4.51.58.6               OBJECTIVE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.58.7               DEFINITIONS:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.58.8               CONTRACTING WITH OUTSIDE AGENCIES, PRIVATE ENTITIES AND INDIVIDUALS:

                A.            The regents of the museum of New Mexico are authorized by the legislature to "enter into contracts with public or private agencies or organizations for the performance of services related to the location, preservation, restoration, salvage, or development of historic, archaeological or other culturally related sites, structures or objects in the state." (Section 18-3-3.H, NMSA 1978) All contractual services provided by the museum of New Mexico or its units to outside agencies or parties must first be approved, in writing, by the director. All such contractual services must be consistent with applicable, state, tribal and federal laws and must fall within the mission of the museum of New Mexico.

                B.            All contracting for and performing of services provided by the museum to private entities or individuals shall be subject to review by the board of regents. Following such review, the board of regents has the authority to take appropriate action, including the termination of the contract, not inconsistent with the requirement established by the office of the attorney general.

[Recompiled 10/31/01]

 

History OF 4.51.58 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

MNM: Rule 58, Contracting with Outside Agencies, Private Entities, and Individuals, 2/8/95.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

TITLE 4                 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 57               GOVERNANCE OF THE PORTAL PROGRAM AT THE PALACE OF THE

                                GOVERNORS

 

4.51.57.1               ISSUING AGENCY:  Department of Cultural Affairs, Palace of the Governors State History Museum Division.

[4.51.57.1 NMAC - Rn, MNM: Rule 57 & A, 9/15/08]

 

4.51.57.2               SCOPE:  Museum of New Mexico, palace of the governors/New Mexico history museum staff, portal program participants, and interested members of the public.

[4.51.57.2 NMAC - N, 9/15/08]

 

4.51.57.3               STATUTORY AUTHORITY:  Section 9-4A-6(E) NMSA 1978, as amended, of the cultural affairs department act authorizes the secretary of the cultural affairs department to make and adopt such reasonable procedural rules as necessary to carry out the duties of its divisions.  Section 18-3-3(M) NMSA 1978 authorizes the board of regents of the museum of New Mexico to adopt such rules and regulations and set such policy directives as may be necessary to carry out the provisions of such article.

[4.51.57.3 NMAC - N, 9/15/08]

 

4.51.57.4               DURATION:  Permanent.

[4.51.57.4 NMAC - N, 9/15/08]

 

4.51.57.5               EFFECTIVE DATE:  July 13, 1995, unless a later date is cited in the history notes in square brackets at the end of a section.

[4.51.57.5 NMAC - Rn, MNM: Rule 57 & A, 9/15/08]

 

4.51.57.6               OBJECTIVE:  The objective of this rule is to govern and regulate the operation of the portal program and the quality of the products being offered for sale on the portal of the palace of the governors.

[4.51.57.6 NMAC - N, 9/15/08]

 

4.51.57.7               DEFINITIONS:  [RESERVED]

 

4.51.57.8               RESOLUTION:

                A.            WHEREAS, the presence of Indian artists and artisans at the palace of the governors is an integral part of the history, tradition and function of the museum of New Mexico; and

                B.            WHEREAS, the museum of New Mexico has determined that reserving the portal of the palace of the governors for the display and sale of New Mexico Indian crafts would not only help preserve traditional aspects of New Mexico Indian culture but would be of educational value to the visiting public by providing the opportunity for contact with New Mexico Indian artists and artisans in a historically relevant context;

                C.            NOW, THEREFORE, BE IT RESOLVED by the regents of the museum of New Mexico, that the policy of the museum of New Mexico (the "museum") with respect to the display and sale of New Mexican arts and crafts at the portal of the palace of the governors (the "portal") shall be as follows.

[07/13/95; 4.51.57.8 NMAC - Rn, MNM: Rule 57, 9/15/08]

 

4.51.57.9               LOCATION OF THE PORTAL PROGRAM:

                A.            The portal program shall be conducted in an area along the south wall of the palace of the governors, extending four feet south from that wall and extending between the plane of the east wall and the plane of the west wall of the same building. One space shall be situated against the banco (bench) and curb on each side of the portal at the corner structures.

                B.            The area extending west seven feet across from the palace of the governor's main entrance shall be excluded from use by the portal program participants.

                C.            During times of repair to the portal area, during times of peak sales, or because of similar needs, the museum may designate supplemental or alternate selling locations along the perimeter of the palace of the governors.

                D.            During regularly scheduled events, such as the Spanish market, Indian market and the garden club sale, the museum shall not conduct the portal program.

                E.             The program area shall be divided into a number of spaces, each six feet deep (measures out from the wall) and three feet, six inches wide (measures along the wall). One space only may be used by a household.

                F.             A household is defined as: those persons residing in the same house, who are related by blood or marriage, and who qualify as members of New Mexican Indian tribes or pueblos. However, recognizing the sometimes complex nature of kinship, the director of the palace may, after consulting the portal committee, allow in writing for minor exceptions to this definition with regards to specific households. In doing so, however, the palace director may stipulate such conditions or restrictions as needed to ensure that the intent of the program is to preserve and exhibit New Mexican Indian arts and crafts. The exceptions and conditions made in each case shall be considered unique to that case and not applicable to any other case. When there are more qualified vendors than spaces, a drawing for the spaces shall be held.

[07/13/95; 4.51.57.9 NMAC - Rn, MNM: Rule 57, Section 1, 9/15/08]

 

4.51.57.10             OPERATION OF THE PORTAL PROGRAM:  Within the area defined, the museum will permit a program involving the daily sale of handmade New Mexican Indian arts and crafts by qualified participants, subject to the following conditions:

                A.            Participants in the portal program must keep the area clean.

                B.            The sales activities of the portal program participants shall be conducted upon the brick surface; no tables or elevated stands are permitted, and no materials or advertising may be hung or posted on walls or posts.

                C.            The use by portal program participants of televisions, radios, tape recorders and players, binoculars, cell phones and other modern equipment not essential to participation in the portal program shall not be permitted; however, the use of credit card machines by portal participants is an essential tool for conducting business and sales on the portal, and therefore will be allowed.  Accepting credit card payments is the sole responsibility of individual portal participants.  The portal committee members and the museum are not the liable for the portal participants’ use of credit card machines or the outcome of transactions resulting from the use of credit card machines by portal participants.

                D.            On occasion when there are more participants who want to be vendors on a particular day than spaces, a drawing shall be held by the portal committee and/or the director of the palace or designee for the available spaces. On these occasions the participants shall be counted, and a chip for each participant present at the portal shall be put into a hopper or other type of container. The hopper or other type of container shall contain numbered chips for the spaces under the portal, except for the duty officer's space, as well as blank chips. The total number of chips shall equal the number of participants present. Each participant shall draw a chip. If, after draw has been completed, all the numbered chips have not been drawn, a second draw shall be held for those participants who are present and who initially drew blank chips, and subsequent draws shall be held as necessary, until all spaces under the portal have been drawn. A waiting list for vending spaces vacated during the day shall be kept. The first person on the waiting list shall be assigned the first vacated space. If the first person is not present when a space has been vacated, the second person on the waiting list shall be assigned the vacated space, and so on until the waiting list has been exhausted. Vendors coming to the portal after the draw for vending spaces shall have their names added to the waiting list in the order of their appearance.

                E.             The portal program shall commence at 8: 00 a.m. of each day of operation, and shall terminate each day upon departure of the last participant vendor from the program area. Spaces shall be obtained by the actual participant. No participant may set up prior to 8:00 a.m., and must be completely set up by 10:00 a.m., and, with the exception of the first space west of the building entrance, which shall be held each day for the designated duty officer of the portal committee, no spaces shall be reserved.

                F.             After 10:00 a.m., any participant who has left his or her space for a period exceeding one hour shall be considered to have abandoned that space, and it shall be available for reassignment to another. Neither the museum nor the members of the portal committee assume any responsibility for merchandise left unattended.

                G.            The making of items for sale in the area designated is not permitted; only simple adjustments or repairs to items already made is allowed.

                H.            No participant in the portal program may engage another individual not a member of his or her household to sell nor may any participant solicit sales for another within the designated area.

                I.              For reasons of safety, children shall not be allowed to accompany participants in the portal program while the participants sell under the portal.

                J.             The director of the palace shall require identity badges for portal program participants, to be worn or displayed on cloth when selling under the portal or taking part in other portal activities. Any such badges, if issued, shall remain the property of the museum and shall be surrendered by the participant on the museum's request. If the badge is lost or stolen, the museum shall charge a $5.00 replacement fee.

[07/13/95; 4.51.57.10 NMAC - Rn, MNM: Rule 57, Section 2 & A, 9/15/08]

 

4.51.57.11             QUALIFICATIONS AND REQUIRED CONDUCT OF PARTICIPANTS IN THE PORTAL PROGRAM:

                A.            To qualify as a participant vendor in the portal program, individuals shall be at least eighteen years of age, shall be American Indians, as defined in NMSA 1978, Section 30-38-4(B), and shall be from recognized tribes and pueblos of New Mexico.

                B.            Any person who desires to participate as a vendor in the portal program must apply to the museum for the privilege of selling goods at the portal. The application form, as submitted, shall include proof of enrollment in a New Mexican tribe or pueblo. In addition, as part of the application, the applicant shall submit to the museum the maker's mark he/she will use to identify his/her arts and crafts.

                C.            As part of the review process, the applicant shall demonstrate his/her art or craft to the director of the palace of the governors and/or one or more members of the portal committee, to establish whether the items for sale meet minimum legal and quality standards. No person may sell under the portal until his/her application form has been approved (signed) by the director of the palace of the governors.

                D.            The museum may require a signed and notarized affidavit from an applicant or a participant in the portal program attesting to the facts presented in the affidavit. The museum may use the affidavit to verify the qualifications of a participant in the program. Intentional misrepresentations on the affidavit will be grounds for denial in participation or expulsion from the portal program.

                E.             All participants in the portal program shall accept and abide by the rules and regulations of the museum governing the program. Violations of provisions of museum policy or failure to abide by the rules and regulations may result in suspension or expulsion from the program.

                F.             The museum shall deny permission to sell to any participant in the portal program whose goods or presence are, in the judgment of the museum, inconsistent with these rules and regulations.

                G.            Participants in the portal program accept that admittance into the program does not make them employees or agents of the museum, nor does it mean that they are acting on behalf of the museum in any official capacity except to the extent that members of the portal committee are exercising duties described in 4.51.57.13 NMAC.

                H.            Participants in the portal program shall accept the museum's absolute right to require persons to leave the portal if, in the sole judgment of the museum, they are not conducting themselves in a manner consistent with the museum's program.

                I.              The director of the palace may, after consulting with the portal committee, allow in writing for a waiver of the requirement that participants be members of New Mexico pueblos or tribes. Such waivers shall be granted only to members of United States pueblos or tribes, and residents of the United States who can document their museum approved participation in the portal program prior to May 1987.

[07/13/95; 4.51.57.11 NMAC - Rn, MNM: Rule 57, Section 3, 9/15/08]

 

4.51.57.12             ANNUAL MEETING AND PUBLIC HEARING TO ADOPT RULES AND REGULATIONS:

                A.            Annually, on a day in October, at a place to be provided by the museum, a meeting shall be held of the participants and all other interested public.  Said meeting shall be held in accordance with the provisions of the Open Meetings Act, Sections 10-15-1 et seq., NMSA 1978.  The annual meeting shall be announced four weeks in advance of the meeting date and shall be open to the public.

                B.            No action of any type shall be taken on applications (new applications and demonstrations) two months prior to the annual meeting. This rule does not apply to participant violations.

                C.            On matters requiring a vote, the vote shall be restricted to qualified participants in the portal program.

                D.            At such meetings, copies of the proposed revisions to the guidelines, rules and regulations governing the portal program of the palace of the governors, if any, and copies of existing guidelines, rules and regulations governing the portal program shall be available for explanation and discussion and the portal committee shall be elected by vote of the participants present at the meeting.

                E.             The board of regents, museum of New Mexico, shall hold a public hearing in accordance with NMSA 1978, Section 9-6-11(e) of the Cultural Affairs Act, to adopt these rules and regulations.

[7/13/95; 4.51.57.12 NMAC - Rn, MNM: Rule 57, Section 4 & A, 9/15/08]

 

4.51.57.13             THE RESPONSIBILITIES OF THE PORTAL COMMITTEE:

                A.            The portal committee shall be responsible for monitoring the program on a daily basis for compliance with the policy and the rules and regulations of the museum.

                B.            The portal committee shall appoint daily one or more duty officers who shall be responsible for the assignment of spaces when necessary.

                C.            The portal committee shall inspect all goods for sale to determine whether they are Indian handmade goods and meet minimum standards of quality as established by the museum.

                D.            The portal committee, as representative of the portal program participants, may from time to time propose changes in these rules and regulations for consideration and adoption by the museum director pursuant to Section 18-3-5(A), NMSA 1978.

                E.             Violations of policy, rules or regulations shall be reported by the portal committee to the museum. For simple minor violations the portal committee may issue oral warnings to the offender. For more serious or repeated violations, the portal committee may recommend to the museum that the violator be warned in writing, suspended in writing from the program for a specified period of time, expelled in writing from the program or that other appropriate action be taken.

                F.             The portal committee shall assist participants in the program in presenting the traditional and educational aspects of the portal program.

[7/13/95; 4.51.57.13 NMAC - Rn, MNM: Rule 57, Section 5, 9/15/08]

 

4.51.57.14             ADMINISTRATION OF THE PROGRAM BY THE MUSEUM OF NEW MEXICO:

                A.            Administration of the program shall be the responsibility of the director of the palace of the governors who shall chair the annual meeting of portal program participants and who shall work directly with the portal committee in the conduct of the portal program. The director of the palace may issue such rulings and judgments as are necessary to interpret and enforce the museums policies, rules and regulations on the portal program.

                B.            The museum reserves the absolute right to eject participants for conduct inconsistent with the portal program or for behavior that is disorderly or lacks due regard for the public or other portal program participants.

                C.            The museum is authorized to utilize the services of law enforcement authorities to enforce and maintain its policies, rules and regulations.

                D.            Any participant in the portal program who is aggrieved by actions taken under the rules and regulations shall first present his or her concern to the portal committee in a bona fide effort to effect resolution; if not resolved, the matter shall be presented in writing to the director of the palace of the governors who shall hear all parties to the matter and render a decision on the matter; such decision may be appealed to the director of the museum of New Mexico, also in writing, and the decision of the director shall be final.

                E.             The museum shall provide interpretive materials on the history and culture of Indians in the Santa Fe region, and on the tradition of the portal program.

                F.             The director of the museum of New Mexico may request the assistance of the office of Indian affairs and other specialists in the operation of the portal program.

[07/13/95; 4.51.57.14 NMAC - Rn, MNM: Rule 57, Section 6, 9/15/08]

 

4.51.57.15             PORTAL PROGRAM PARTICIPANTS' GENERAL VENDING RULES:

                A.            All items the portal program participant vendors offer for sale shall have been made by members of the same household. (See Subsection F of 4.51.57.9 NMAC for the definition of household.) All merchandise offered for sale shall be handmade by members of recognized tribes and pueblos of New Mexico, and shall conform to provisions of the New Mexico Indian Arts and Crafts Sales Act. Representations made to prospective buyers are solely the responsibility of the vendor.

                B.            Each participant in the portal program may have an assistant, who shall also be an approved participant in the portal program. The assistant must sit with the participant whom she/he assists within the assigned space.

                C.            While selling, participants in the portal program shall not engage in activities which disrupt the flow of pedestrian traffic at the portal. Disruptive activities shall include, but not be limited to, verbal and/or physical assault on visitors or other participants.

                D.            Participants in the portal program shall not consume alcohol nor be intoxicated while vending. Consumption of alcohol or intoxication while vending is automatic grounds for suspension.

                E.             Participants in the portal program shall not fight while vending. Any participant who is involved in any fight or altercation while vending may be subject to suspension. Fighting is automatic grounds for suspension.

                F.             Any time a participant leaves his/her space, for any other reason, he/she shall completely cover his/her goods with a cloth.

                G.            On any occasion when there are more participants in the portal program who want to vend on a particular day than spaces, and after the draw, any participant may volunteer to share his/her space with another participant. Once the space has been awarded, if either of the pair leaves, his/her portion of the goods shall be completely covered with a cloth. If he/she leaves his/her goods unattended for more than one hour, beginning at 10:00 a.m., that half of the space may be reassigned by the portal committee. Only participants in the draw may share spaces. Vendors arriving at the portal after the draw has taken place shall not be permitted to share spaces, but may have their names added to the waiting list in the order of their appearance to be eligible for assignment to vacated vending spaces.

                H.            Waivers: The director of the palace may, after consulting with the portal committee, allow in writing for a waiver of the requirement that all items sold by a participant be from the same household.  (See Subsection F of 4.51.57.9 NMAC for the definition of household.) Such waivers shall be granted only to persons who have been a part of the portal program prior to May 1987, especially those former artists and artisans who are no longer physically able to prepare handmade arts or crafts and whose economic livelihood would otherwise be destroyed. In doing so, however, the palace director may stipulate such conditions or restrictions as are needed to ensure that the intent of the program is to preserve and exhibit New Mexican Indian arts and crafts. The exceptions made in each case shall be considered unique to that case and not applicable to any other case.

[07/13/95; 4.51.57.15 NMAC - Rn, MNM: Rule 57, Section 7, 9/15/08]

 

4.51.57.16             AUTHENTICITY OF MAKER OF GOODS (MAKER’S MARK):

                A.            All goods offered for sale under the portal shall be marked with the maker's mark. Any exceptions to this, notably some types of beadwork, can be issued a waiver by the director of the palace of the governors, after consulting with the portal committee.

                B.            The director of the palace, after consulting with the portal committee, may waive the requirement for maker's marks on extremely small pieces of metal jewelry or pottery.

                C.            Metal jewelry shall have a stamped maker's mark, and pottery shall have a maker's mark added before firing. This maker's mark shall be recorded with the museum as museum as part of the application to qualify as a vendor. The same maker's mark shall appear on all goods being sold by a single vendor.

                D.            On metal jewelry with stones, the maker's mark shall be placed on the back of the piece opposite the center of the stone. The intention of this provision is to require the jeweler to stamp the piece before the stones are set, and to make it impossible to stamp such pieces after they are completed. Metal plates with the maker's mark which are soldered or attached by other means to a piece of metal jewelry shall not be permitted.

[07/13/95; 4.51.57.16 NMAC - Rn, MNM: Rule 57, Section 8, 9/15/08]

 

4.51.57.17             JEWELRY MATERIALS:

                A.            Silver:  Silver jewelry must be made of sterling silver, and not silver plate or commercial liquid silver. Gold overlay on sterling silver is allowable.

                B.            Prohibited materials:  In addition to the above prohibited materials, no artist or artisan shall use any reconstituted materials; color-shot, pre-drilled, semi-precious stones; imported heishi; or, pre-carved pieces in any jewelry exhibited or offered for sale under the portal.

[07/13/95; 4.51.57.17 NMAC - Rn, MNM: Rule 57, Section 9, 9/15/08]

 

4.51.57.18             JEWELRY FINDINGS:  All jewelry must be as traditional and handmade as possible. Jewelry "findings" (as defined by NMSA 1978, Section 30-33-3 (H) , of the Indian Arts and Crafts Sales Act means "an ingredient part of a product which adapts the product for wearing or display, including silver beads, leather backing, binding material, bolo tie clips, tie bar clips, tie tac pins, earring pins, earring clips, earring screw backs, cuff-link toggles, money clips, pin stems, combs and chains." Accepted findings used on jewelry sold at the portal shall be the following:

                A.            Sterling silver findings: All neck chains; all jump rings; all spring rings; all tie-on hooks and eyes; all crimp type hook and eye earring part; all screw-on, clip-on-types; all ear wire types; all ear posts, ear nuts; omega clips; all cuff link and components; all necklace cones; all bola tips; all bench made beads (2 mm to 9 mm seamless are acceptable); all size money clips; surgical wire for earrings; all size melon beads; bezel cups in all sizes and shapes from 2 mm to 5 mm.

                B.            Nickel or base metal findings: All size buckles backs; all bola backs; all foxtail and tigertail; all concho backs; all key rings including split rings; all barrel catches including eyeglass/chain attachments; all tie tacks, sets and clutches (backs); all scarf pins (stick pins) backs; all pin bars and pinsets (backs); all barrette backs; all tie bar slides; all alligator clips; all expansion centers; all size spring bars; keyholders (safety pins), large and medium sizes; all size money clips; wire used in "memory bracelets". Surgical steel is permitted in wire post earrings.

                C.            14K gold findings: All ear posts and nuts; joint catches; jump rings; spring rings; bola backs; bola tips; necklace cones; all size cones.

                D.            Gold filled findings: All posts and nut sets; all French wire styles; all hooks and eyes; all spring rings; all size jump rings; all neck chains; all beads; all tie tack backs; all bola tips; all ear clips; stick pins and clutches; all size cones.

                E.             Red brass or brass findings: All buckle backs; all key ring backs; all concho backs; all bola backs; all bola tips; all hooks and eyes; all brass beads; all size money clips.

                F.             Leather findings: All size straps for concho belts; all size braided bola cords. Vinyl bola cords are permitted.

[07/13/95; 4.51.57.18 NMAC - Rn, MNM: Rule 57, Section 10, 9/15/08]

 

4.51.57.19             BEADWORK:

                A.            Permitted beadwork materials:  On beadwork offered for sale under the portal, the beadworker must have made the silver, brass or any other metal which has been incorporated with beadwork into the final product. The following materials shall be permitted: all size glass beads; brass beads; all types of legal feathers; all types of leather; porcupine quills (natural color only); genuine natural bone hair pipes; genuine natural bone disc beads, detail shells and lead crystals.

                B.            Beadwork findings:  Because beadwork is a totally different craft from silversmithing, the following findings shall be permitted when incorporated into beadwork items: buckle backings (blanks); barrette backings; bolo backings; sterling silver bolo tips; sterling silver, aluminum and tin cones for fringe dangles only metal spots of nickel or brass; barrel screw clasps; hooks and eyes; spring rings; crimp beads; eye pins and head pins; jump rings; split key rings; tie tack mounts; tiger tail, all earring findings.

                C.            Prohibited beadwork materials:  The following materials shall not be permitted when incorporated into beadwork: plastic bone hair pipe; pre-cut, pre-shaped, and abalone disk.

[07/13/95; 4.51.57.19 NMAC - Rn, MNM: Rule 57, Section 11, 9/15/08]

 

4.51.57.20             POTTERY:

                A.            All pottery shall be handmade of earth clay from sources on the participant's reservation, and fired using traditional materials. Clay sources other than the participant's reservation may be approved in writing from the director of the palace of the governors.

                B.            All pottery shall be engraved before firing.

                C.            All pottery may be hand painted in natural mineral paints, poster paint colors, or bright acrylic color paints.

[07/13/95; 4.51.57.20 NMAC - Rn, MNM: Rule 57, Section 12, 9/15/08]

 

4.51.57.21             VENDING TRADITIONAL FOOD STUFFS:

                A.            Traditional food stuff may be offered for sale and shall be derived from the household of the participant vendor. The participant shall have prepared the foodstuff within 24 hours of offering.

                B.            The following food may be sold:  oven bread; Indian melons; tamales; pies; cookies; fried bread; pinon nuts; parched corn; piki bread (paper bread); ristras (chili strings).

                C.            The participant who vends food shall obtain from the city of Santa Fe a valid food handlers card or certificate, which must be exhibited by the participant food vendor at all times.

                D.            All food must be packaged and labeled with the maker's name and ingredients.

                E.             All participant food vendors must demonstrate their food preparation as part of the application process.

                F.             Other additional kinds of foods shall be approved by the portal committee and/or the director of the palace of the governors before the participant vendor offers it for sale to the public.

[07/13/95; 4.51.57.21 NMAC - Rn, MNM: Rule 57, Section 13, 9/15/08]

 

4.51.57.22             SANDPAINTING:

                A.            All sandpainting shall be handmade of natural materials. No commercial sand shall be permitted.

                B.            No dyed sand shall be permitted.

                C.            No sandpainting sold under the portal of the palace of the governors shall have a frame.

                D.            Each sandpainting shall be signed on the face of the painting with the maker's mark impressed into the design of the painting while the sand is wet. This does not preclude additional marking or signatures, e.g., on the back of the painting.

[07/13/95; 4.51.57.22 NMAC - Rn, MNM: Rule 57, Section 14, 9/15/08]

 

4.51.57.23             LEATHERWORK:

                A.            All leatherwork shall be permanently marked. Marking with ink is not permitted.

                B.            Leatherwork without beadwork should have a branded or stamped maker's mark.

                C.            Leatherwork with beadwork can have a branded, stamped or beaded maker's mark. The maker's mark may also be incorporated into the beaded design.

[07/13/95; 4.51.57.23 NMAC - Rn, MNM: Rule 57, Section 15, 9/15/08]

 

4.51.57.24             PAYMENT TO PARTICIPANTS:

                A.            No participant shall accept any payment prior to delivery of the item. Cash-on- delivery (C.O.D.) orders are permitted. Any violation of this section shall result in immediate suspension.

                B.            Participants may receive arts and craft items as payment for their own goods, so long as they do not re-sell the items at the portal.

[07/13/95; 4.51.57.24 NMAC - Rn, MNM: Rule 57, Section 16, 9/15/08]

 

4.51.57.25             STATEMENT:  This statement of rules and regulations supersedes all previous statements of policy, rules and regulations concerning the portal program of the palace of the governors, museum of New Mexico.

[07/13/95; 4.51.57.25 NMAC - Rn, MNM: Rule 57, Section 17, 9/15/08]

 

HISTORY OF 4.51.57 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the state records center and archives under:

Rule No. 37, Guidelines, Rules, and Regulations Governing the Portal Program at the Palace of the Governors, 5/11/83.

Rule No. 37, Guidelines, Rules, and Regulations Governing the Portal Program at the Palace of the Governors, 2/11/87.

Rule No. 37, Guidelines, Rules, and Regulations Governing the Portal Program at the Palace of the Governors, 4/7/87.

Rule No. 37, Guidelines, Rules, and Regulations Governing the Portal Program at the Palace of the Governors, 5/27/87.

Rule No. 37, Guidelines, Rules, and Regulations Governing the Portal Program at the Palace of the Governors, 8/12/88.

Rule No. 37, Guidelines, Rules, and Regulations Governing the Portal Program at the Palace of the Governors, 5/26/89.

Rule No. 37, Guidelines, Rules, and Regulations Governing the Portal Program at the Palace of the Governors, 6/7/89.

Rule No. 37, Guidelines, Rules, and Regulations Governing the Portal Program at the Palace of the Governors, 6/16/89.

MNM: Rule No. 57, Rules and Regulations Governing the Portal Program at the Palace of the Governors, 7/31/91.

MNM: Rule No. 57, Rules and Regulations Governing the Portal Program at the Palace of the Governors, 7/13/95.

 

History of Repealed Material:  [RESERVED]

 

Other History:

MNM: Rule No. 57, Rules and Regulations Governing the Portal Program at the Palace of the Governors (filed 7/13/95) was renumbered, reformatted, amended and replaced by 4.51.57 NMAC, Governance of the Portal Program at the Palace of the Governors, effective 9/15/08.

 

 
Return to NMAC homepage
 

This rule was filed as Rule No. 54.

 

TITLE 4 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 54               DOOR DONATIONS

 

4.51.54.1               ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico).

[Recompiled 10/31/01]

 

4.51.54.2               SCOPE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.54.3               STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.54.4               DURATION:  [Permanent]

[Recompiled 10/31/01]

 

4.51.54.5               EFFECTIVE DATE:  [Filed December 4, 1985]

[Recompiled 10/31/01]

 

4.51.54.6               OBJECTIVE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.54.7               DEFINITIONS:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.54.8               DOOR DONATIONS:

                A.            While entry to museum of New Mexico exhibit facilities is by admission fee, optional donations will also be requested at the door.

                B.            Receipts from donations will be restricted to implementing the donations policy, developing public programs, purchasing and conserving museum collection items and other expenditures as the director sees fit. The public and the board of regents will be informed about the specific uses of these gifts.

[Recompiled 10/31/01]

 

History OF 4.51.54 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

Rule No. 54, Door Donations, 12/4/85.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as Rule No. 55.

 

TITLE 4 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 55               CODE OF ETHICS

 

4.51.55.1               ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico).

[Recompiled 10/31/01]

 

4.51.55.2               SCOPE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.55.3               STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.55.4               DURATION:  [Permanent]

[Recompiled 10/31/01]

 

4.51.55.5               EFFECTIVE DATE:  [Filed October 27, 1986]

[Recompiled 10/31/01]

 

4.51.55.6               OBJECTIVE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.55.7               DEFINITIONS:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.55.8               CONFLICT OF INTEREST:

                A.            Persons who serve the museum as regents often are experienced and knowledgeable about various fields related to the museum of New Mexico. While those characteristics can be a great asset to the Museum, they can also give rise to conflicts of interest or the appearance of such conflicts. The museum shall consider each case on its own merits and without prejudice.

                B.            All regents and staff members shall conduct themselves so as to avoid real or apparent conflicts with the activities, policies, operations and interests of the museum. Each museum regent before he is appointed and each staff member after he is employed shall file a statement disclosing any personal, business or organizational interests and affiliations that could be construed as museum-related. Such a statement shall include a list of positions in and special relationships to other museums or organizations whose purposes or programs in any manner relate to or impinge upon the purposes, programs or activities of the museum. The employee or regent is responsible for keeping that statement up to date.

                C.            Whether or not an action taken by a regent reflects a conflict of interest shall be determined by the board of regents in consultation with the director. If there should arise for action by the board of regents a case of a real or apparent conflict between the interests of a regent or of someone close to him and the interests of the museum, the regent should make the outside interest a matter of record. Should the regent be present when votes are being cast on the matter, he should abstain from voting. If disclosures of the interest and abstention from voting are insufficient to allay the suspicion of conflict of interest, the appropriate course for the regent may be to resign from his position.

                D.            While loyalty to the museum must be paramount, it is recognized that a staff member has a private life. Every staff member is entitled to an independence consistent with his professional and staff responsibilities and equal to that granted to comparable professionals in other disciplines. The museum is a public entity and its employees enjoy a measure of public esteem. The employee is never wholly separable from the institution, and any museum-related action by the employee may reflect upon the institution or be attributed to it. Therefore, the employee must be concerned not only with his motivations and interests as he sees them, but also with the way his actions might be construed by others. A staff member is expected to disclose activities in organizations benefitting other museums if he could be perceived as acting in his official capacity; otherwise he is not obliged to disclose his affiliations with voluntary community groups and public service organizations.

[Recompiled 10/31/01]

 

4.51.55.9               CONFIDENTIALITY:  Neither regents nor staff shall use for personal advantage nor for purposes detrimental to the museum any information received as a result of serving the museum. Information about the administrative, nonscholarly activities of the institution acquired in the course of duties and not generally known nor available to the public must be considered proprietary to the institution.

[Recompiled 10/31/01]

 

4.51.55.10             PERSONAL COLLECTING:

                A.            The museum encourages personal collecting in all fields as long as the regent or employee neither competes with the museum for collectible objects nor takes advantage of information proprietary to the museum. No regent or museum employee shall use his museum affiliation to promote his own, his family's or his associates' personal collecting activities. Should conflict develop between the desires of the individual and the need of the museum, the needs of the museum shall prevail.

                B.            There may be circumstances in which a museum employee or regent, a member of the employee's or regent's family, or a friend, finds himself charged with self-interest at the expense of the institution or with exploiting privileged information for personal gain. To protect himself from such charges, the employee or regent may present the facts about an acquisition or a contemplated acquisition for ethical review.

                C.            A regent may make his disclosure through the board of regents and an employee through the museum director. Employees are encouraged to disclose all personal collections, and additions to their collections, valued in excess of $1,000 that are potentially sensitive relative to the museum's collections. Once the acquisition of the object has been reviewed and approved according to the museum procedures, it shall be deemed above suspicion. Decisions involving acquisitions by regents and staff may be appealed to the board of regents at a regular meeting.

[Recompiled 10/31/01]

 

4.51.55.11             USE OF THE MUSEUM'S NAME:  In connection with outside activities, regents and employees of the museum should be discreet in using the museum's name and alluding to their relationship with the museum. Employees are urged to review with the appropriate official any such use that is potentially detrimental to the institution.

[Recompiled 10/31/01]

 

4.51.55.12             USE OF MUSEUM PROPERTY:  Neither regents nor staff members shall use the museum's collections, property, services, supplies, shops or shop tools or resources - except for official business of the institution--in a manner that materially exceeds the privileges available to any member of the museum.

[Recompiled 10/31/01]

 

4.51.55.13             LOANS OF OBJECTS BY REGENTS AND EMPLOYEES:  Loans of objects owned or created by regents or staff can benefit the museum and the public. However, objects can be considerably enhanced in value by being exhibited. Therefore, the sole consideration of the museum in asking for and accepting such loans shall be the prospective benefit to the public. Such loans must be presented to the collections committee of the museum of New Mexico, and approval prior to exhibition at the museum.

[Recompiled 10/31/01]

 

4.51.55.14             STAFF/REGENT COMMUNICATION:

                A.            In all administrative matters, regents and staff members should deal openly and candidly with the director, who is the chief executive officer, or with his agent. Regents should avoid giving directions to, acting on behalf of, or soliciting administrative information from staff members unless they do so according to established procedures or unless they have apprised the director.

                B.            By the same token, employees should communicate with regents on administrative matters through the director or with his knowledge.

[Recompiled 10/31/01]

 

4.51.55.15             DEALING BY STAFF MEMBERS:

                A.            Staff members may not deal in objects similar or related to the objects collected by the museum. (Dealing is defined as buying and selling for profit as distinguished from occasional selling or exchanging in the management of a personal collection.)

                B.            Dealing by employees in objects collected by other museums can also present serious problems and is generally prohibited. Special exceptions may be permitted only after full disclosure by the employee and review and approval by the director and board of regents.

[Recompiled 10/31/01]

 

4.51.55.16             ACCEPTANCE OF GIFTS:  Regents and employees are prohibited from accepting gifts of more than nominal value from artists, craftspeople, dealers or suppliers. The term "gifts" encompasses not only items of collectible value, but also discounts on personal purchases greater than those offered to the museum, offers of outside employment, and other arrangements advantageous to the museum employee. The employee may accept and keep gifts that derive from purely personal and family relationships. However, genuinely personal gifts are sometimes received from individuals who could benefit from a relationship with the museum; therefore, to protect both himself and the museum, the employee is urged to disclose to the board of regents, the director, the appropriate associate director or unit head, the circumstances surrounding such gift.

[Recompiled 10/31/01]

 

4.51.55.17             OUTSIDE EMPLOYMENT:

                A.            Certain types of outside employment, including self-employment and consulting, can benefit both the museum and the staff member by stimulating professional development. Museum employees are encouraged to teach, lecture and write, provided those activities do not interfere with the performance of duties. If they are performed on the employee's own time, without the support services of the museum, then fees, honoraria and copyrights may be retained by the employee. If they are performed during normal working hours or with the use of museum resources, such activities are prohibited by state law, if the employee is compensated. Compensation may be monetary or nonmonetary, direct or indirect.

                B.            All outside employment must be based on the premises that the employee's primary responsibility is to the museum, that the activity will not interfere with his discharging of this responsibility, and that it will not compromise the professional integrity of the employee or the reputation of the museum. Staff members engaged in outside activities similar to those they perform for the museum are often perceived as representatives of the museum, even though the outside work may be wholly independent of that institution. For that reason, staff members must disclose to the director any planned outside employment that in any way resembles or relates to the duties they perform for the museum. An employee need not disclose a small business or activity entirely unrelated to the work he performs for the institution.

[Recompiled 10/31/01]

 

4.51.55.18             APPRAISALS:  It can be of benefit to the museum and its constituency for staff members to assist others in determining the value and authenticity of their collections. Staff members are not permitted, however, to provide a written statement of appraisal unless the museum requires such a statement for its own purposes or to meet requirements established by IRS.

[Recompiled 10/31/01]

 

4.51.55.19             STAFF ASSISTANCE:  Should a museum regent or employee turn to the staff for personal assistance, he must expect no more than would properly be given to any other citizen in similar circumstances with similar requirements.

[Recompiled 10/31/01]

 

4.51.55.20             STAFF REFERRALS TO OUTSIDE SERVICES:

                A.            Museum employees should be circumspect in referring private citizens to outside suppliers of services such as appraisers and restorers. To avoid the appearance of favoritism, more than one qualified source of service should be provided whenever possible.

                B.            In addition to abiding by the foregoing Code of Ethics, regents and staff members are expected to adhere to museum policies.

[Recompiled 10/31/01]

 

History OF 4.51.55 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

Rule No. 55, Conflict of Interest, 10/27/86.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as Rule No. 53.

 

TITLE 4 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 53               ADJUNCT APPOINTMENTS

 

4.51.53.1               ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico).

[Recompiled 10/31/01]

 

4.51.53.2               SCOPE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.53.3               STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.53.4               DURATION:  [Permanent]

[Recompiled 10/31/01]

 

4.51.53.5               EFFECTIVE DATE:  [Filed May 27, 1988]

[Recompiled 10/31/01]

 

4.51.53.6               OBJECTIVE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.53.7               DEFINITIONS:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.53.8               ADJUNCT APPOINTMENTS:

                A.            The director of the museum of New Mexico may, upon the recommendation of the various collection units, make adjunct appointments to the staffs of those units. Adjunct appointments may be made in the following categories:

                    (1)     research associates;

                    (2)     directors emeriti, curators emeriti and honorary curators;

                    (3)     resident scholars;

                    (4)     interns;

                    (5)     senior research associates;

                    (6)     research section archaeological associates

                B.            Each unit shall develop and submit to the regents through the director of the museum of New Mexico, guidelines and procedures for selecting and recommending adjunct appointees.

                C.            Appointments of research associates, resident scholars, interns, senior research associates and research section archaeological associates shall be submitted to the board of regents for confirmation. Appointments of directors emeriti, curators emeriti and honorary curators shall be by formal resolution of the board of regents upon submission of the names of nominees by the director, museum of New Mexico.

                D.            Adjunct appointees shall abide by the museum of New Mexico's Code of Ethics and shall be furnished with a copy of this code prior to their appointment.

                E.             Adjunct appointees shall also abide by and respect the various policies of the museum of New Mexico and shall respect the authority of the director and/or the appropriate associate director or unit chief in charge of their area of interest.

[Recompiled 10/31/01]

 

History OF 4.51.53 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

Rule No. 53, Adjunct Appointments, 10/29/84.

Rule No. 53, Adjunct Appointments, 5/27/88.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as Rule No. 52.

 

TITLE 4 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 52               SALES SHOPS

 

4.51.52.1               ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico).

[Recompiled 10/31/01]

 

4.51.52.2               SCOPE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.52.3               STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.52.4               DURATION:  [Permanent]

[Recompiled 10/31/01]

 

4.51.52.5               EFFECTIVE DATE:  [Filed April 5, 1984]

[Recompiled 10/31/01]

 

4.51.52.6               OBJECTIVE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.52.7               DEFINITIONS:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.52.8               SALES SHOP:

                A.            The sales shops of the museum of New Mexico with the exception of state monuments shall be operated by the museum of New Mexico foundation and in accordance with the museum store association Code of Ethics (1981). All revenues generated by the sales shops will be used for support of museum programs, after reasonable costs are met.

                B.            A standing sales shop committee will serve as liaison between shops and various bureaus and will assist in coordinating the merchandise with current exhibitions and activities throughout the museum of New Mexico. Only articles that are authentic or, in the case of reproductions, that reflect a high degree of craftsmanship will be offered for sale to the public.

[Recompiled 10/31/01]

 

History OF 4.51.52 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

No. 3, Policy on Sale Within Museum Premises, 6/27/80.

Rule No. 52, Sales Shop, 4/5/84.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as Rule No. 51.

 

TITLE 4 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 51               PUBLICATIONS

 

4.51.51.1               ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico).

[Recompiled 10/31/01]

 

4.51.51.2               SCOPE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.51.3               STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.51.4               DURATION:  [Permanent.

[Recompiled 10/31/01]

 

4.51.51.5               EFFECTIVE DATE:  [Filed April 5, 1984]

[Recompiled 10/31/01]

 

4.51.51.6               OBJECTIVE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.51.7               DEFINITIONS:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.51.8               PUBLICATIONS:

                A.            The museum of New Mexico shall develop and produce high quality publications that appeal to the broadest possible audience. Publications will reflect, as far as possible, the research, collecting and interpretive programs of the various museum units. Emphasis will be on the history and culture of New Mexico and the southwest and international folk arts.

                B.            It is the primary responsibility of the publications staff to edit, print, promote and distribute publications developed by the various units and programs of the museum. These may include books, exhibition catalogues, posters, monographs and other educational or illustrative materials. A secondary responsibility is to develop, produce and distribute publications originating outside the museum, such as works of a scholarly and popular nature dealing with the southwest. Unless specifically requested, the publications unit staff is not responsible for the productions of such ongoing MNM programs as the palace press, the technical reports of the contract archaeology program and El Palacio, the quarterly magazine of the museum.

                C.            With the above exceptions all proposed publications originating as part of any museum program or under museum sponsorship shall be submitted first to the museum of New Mexico press through the appropriate deputy director. Outside publishers will be used only when the press is unable to accommodate the project because of time, budgetary or technical constraints.

                D.            Prior to the commitment of staff or funds, all manuscripts or other material under consideration for publication within the museum will be reviewed by a standing publications advisory committee consisting of representatives appointed by the deputy director for education and public programs.

                E.             The publications advisory committee will meet regularly and make its recommendations to the deputy director for education and public programs. The final decision to publish will be made by the director of the museum of New Mexico.

[Recompiled 10/31/01]

 

History OF 4.51.51 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

Rule No. 34, Policy on Publications, 1/19/83.

Rule No. 51, Publications, 4/5/84.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as Rule No. 48.

 

TITLE 4 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 48               LOANS

 

4.51.48.1               ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico).

[Recompiled 10/31/01]

 

4.51.48.2               SCOPE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.48.3               STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.48.4               DURATION:  [Permanent]

[Recompiled 10/31/01]

 

4.51.48.5               EFFECTIVE DATE:  [Filed February 5, 1991]

[Recompiled 10/31/01]

 

4.51.48.6               OBJECTIVE  [RESERVED]

[Recompiled 10/31/01]

 

4.51.48.7               DEFINITIONS:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.48.8               LOANS:  In accordance with museum of New Mexico loan procedures, the museum shall transact loans from its collections for loan only to qualified* non-profit educational and cultural institutions for the purposes of exhibition or research. The period and terms of all loans will be clearly specified and subject to regular review.  (* A qualified institution is one whose procedures and facilities are in accordance with the accreditation standards of the American association of museums.)

                A.            In-Loans:

                    (1)     In-loans are those made to the museum for the purposes of special exhibitions, research and potential acquisition.

                    (2)     Loans shall not be accepted when unusual burdens are imposed upon the facilities or staff of the museum of New Mexico without approval of the board of regents. All items accepted for loan by the museum will be covered by written agreement specifying the term’s length of loan and use of the objects. In addition, proof of ownership and legality of the manner in which the items were collected or acquired may be required.

                    (3)     Long-term loans, generally those longer than one year, are renewable annually under terms that will be clearly noted on all loan agreements unless established by special agreement (see Section II) [now Subsection B of 4.51.48.8 NMAC]. The museum shall not provide temporary or long term storage of objects not owned by the museum unless by special agreement or unless the objects are to be a future donation to the museum. Loans intended for future donations shall require the lender/donor to sign an irrevocable trust with the museum specifying the terms for the loan/gift.

                B.            Loans by Special Agreement, In-Loans and Out-Loans:

                    (1)     Loans by special agreement are those loans made by the museum of New Mexico with individuals, other institutions or support organizations under separate loan agreements, with terms to be approved by the board of regents of the museum of New Mexico and the individual or board(s) of governors of the institution concerned. In general, these loans involve major collections on loan to and from the museum of New Mexico for periods exceeding five years. All collections not owned by the museum of New Mexico but housed at the museum will be covered by a written agreement clearly specifying the duration, terms and conditions of renewal of the loan. Unless otherwise stated in the special agreement, all policies and procedures governing museum of New Mexico collections management as contained in the museum of New Mexico policy manual will apply to collections accepted or under consideration as long-term loans.

                    (2)     All loans by special agreement and all terms for the agreements covering these loans shall be made with full consideration to the intrinsic value of the collection, the physical needs of the collection, the financial value of the collection, the financial burden imposed by the collection, the staff available for care and interpretation of the collection, the administration of the collection and the impact of the collection upon other collections within the museum.

                    (3)     The feasibility of caring for and housing collections other than those owned by the museum will be determined by the associate directors involved and the director of the museum of New Mexico.

                    (4)     Terms of loans by special agreement will also provide for additions and deletions, records, reports, review, care and preservation, insurance, credits, loans to third parties, termination, restrictions, usage and reproduction rights.

                C.            Out-Loans:

                    (1)     The museum of New Mexico shall normally transact loans with qualified non-profit institutions, such as museums, libraries, universities and other educational and cultural institutions. Such use is deemed appropriate when arrangements for the safe custodianship and public exhibition or research of collection items can be assured. A loan request may be rejected for reasons of preservation of the object; and/or improper or insufficient environmental conditions and control, security or insurance on the part of the prospective borrower. In addition, the museum of New Mexico has an obligation to exhibit and interpret its collections in an accurate and culturally sensitive manner. If it is determined that the loan of an object(s) would eclipse these goals, a loan request may be refused by unit staff or refered to the museum of New Mexico's collection's committee.

                    (2)     All out-loans must be approved by the associate director of the appropriate unit in consultation with the chief conservator and chief registrar of the museum of New Mexico. Major loans will be forwarded to the director, museum of New Mexico, and then to the board of regents for final approval. Major loans are those which would impose unusual burdens upon the facilities or staff of the museum of New Mexico.

                    (3)     No loan objects shall leave the museum without clear, visible accession or catalogue numbers. Detailed condition reports and photographs shall be made at the time the loan is processed and when it is returned so that any changes in condition can be noted.

                    (4)     Terms:  Loans requested from the museum of New Mexico shall be considered when the following conditions are met:

                              (a)     The institution is accredited by the american association of museums or can provide proof of ability to provide care, handling and security in accordance with standard museum practices. In addition, the lendee must agree to meet any additional criteria for care as established by the museum of New Mexico.

                              (b)     The lendee agrees to comply with all state, federal and international law and regulations governing the transport and use of loan items.

                              (c)     The lendee agrees to accept all financial responsibility incurred in the loan, including (but not limited to) the following: insurance, photography, conservation, fumigation, packing, and shipping.

                              (d)     The lendee agrees to use credit lines as determined by the museum of New Mexico. Photographic reproduction, usage and rights accompanying credit information will be determined by the lender.

                              (e)     In the case of loans to foreign institutions, a broker is employed and the borrowing institutions agree to pay the broker's fee. If the borrower cannot afford the fee, the museum of New Mexico may opt to pay for it.

                    (5)     Restrictions:

                              (a)     Out-loans shall be determined by the availability of objects.

                              (b)     A thorough condition report shall be prepared by the curator, conservator or collections manager/unit registrar prior to releasing an object. Objects may be deemed to be so fragile, valuable or rare that the risks in loaning the object are unacceptable.

                              (c)     No object shall be loaned for use in a manner not appropriate to its nature.

                    (6)     Duration:  Loans shall be normally made for one year or less. This period may be extended upon written request by the lendee. Extensions will be approved only upon recommendation by the appropriate curator and associate director, with the approval by the director, museum of New Mexico.

                D.            Inter-Unit Loans:  The museum of New Mexico collection is a single entity and shall consist of the various collections housed in individual units. Inter-unit loans or the temporary transfer of objects from one unit to another for use in exhibitions, education or research shall be negotiated between the respective units. Inter-unit loans are made for a period of one year or less and are renewable. From time to time it may be deemed necessary to move collections from one unit to another on a long term basis. This may involve transfer of catalog cards and other pertinent records within the museum system. Each unit will keep a detailed record of such transfers.

                E.             Loans to State Governor's Offices and Residence:

                    (1)     At the governor's request, some works within the museum of New Mexico collection may be made available for temporary loan to public space within the governor's office and residence. For the purpose of this loan, the governor's office shall designate a staff person as the borrowing officer.

                    (2)     These works of art shall be made available at the discretion of the responsible curator and shall not be displayed under conditions which will affect them adversely. All terms relative to general out-loans shall apply to these temporary loans. Collection items loaned by the museum will be covered by a loan agreement stipulating but not limited to the following terms and conditions:

                              (a)     works of art recommended by the curator as being available for loan must be approved as such by the appropriate associate director and the director of the museum of New Mexico and will be reported to the board of regents.

                              (b)     it will be the responsibility of the borrowing officer to ensure that the works remain where initially installed by the museum staff. No work of art on loan may be moved without the express direction of the curator of the collection from which the work was borrowed. Any loss, damage or change in condition must be reported to the curator. Under no circumstances will the borrower alter the work or attempt to have it repaired.

                              (c)     it will be the borrower's responsibility to see that all works are properly cared for. Only trained museum personnel shall clean, wipe, move or otherwise touch the work of art unless special permission is granted.

                              (d)     The museum of New Mexico retains the right to recall any work of art for any museum purpose at any time on thirty days written notice to the borrower, in which event the museum may, at its option, make other works available to the borrower under the same terms and conditions.

                              (e)     Loans will normally be made for the term of office except that the term will expire one month before the end of the term at which time the works of art will be reclaimed by the museum. The museum shall have the right to annually review and inspect all loans to insure that the works of art are being displayed in conformity with museum standards of security and conservation.

                    (3)     In addition, the museum will provide to the extent such are available for free distribution, graphic arts in the forms of posters, reproductions, prints and duplicates of historic photographs to all cabinet officers, state agency directors, and the United States congressional delegation of New Mexico. The cost of placing the item, including matting, framing, installation and transportation will be borne by the borrower.

                F.             Loans to Individuals:  Loans will be made to individuals only under special circumstances such as contracted work by outside conservators, photographers, packers and other professionals.

                G.            Office Use of Museum Collections:

                    (1)     Display of museum collections, with the exception of specified historic furnishings, shall not be permitted in museum offices or other non-exhibit areas in the museum.

                    (2)     The museum recognizes that certain original and early furnishings and features of the museum of New Mexico have become historic, especially early furnishings of the laboratory of anthropology, museum of fine arts and the palace of the governors.

                    (3)     The museum shall catalog such items and the catalog record shall note this designation for office and/or public use, and their location shall be duly noted. Use of historic furnishings on an ongoing basis shall be reviewed annually by the museum's collections committee to determine appropriateness of use of conservation concerns.

[Recompiled 10/31/01]

 

History OF 4.51.48 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

Rule No. 33, Policy on Loans, 1/19/83.

Rule No. 48, Loans, 4/5/84.

Rule No. 48, Loans, 12/4/85.

Rule No. 48, Loans, 2/5/91.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as Rule No. 50.

 

TITLE 4 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 50               PRIVATE AND NON-PROFIT USE OF MUSEUM FACILITIES

 

4.51.50.1               ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico).

[Recompiled 10/31/01]

 

4.51.50.2               SCOPE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.50.3               STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.50.4               DURATION:  [Permanent]

[Recompiled 10/31/01]

 

4.51.50.5               EFFECTIVE DATE:  [Filed October 29, 1984]

[Recompiled 10/31/01]

 

4.51.50.6               OBJECTIVE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.50.7               DEFINITIONS:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.50.8               PRIVATE AND NON-PROFIT USE OF MUSEUM FACILITIES:

                A.            The museum of New Mexico encourages use of its auditoriums and other public facilities by non-profit organizations and private groups to conduct public programs of broad interest for the general public. Private use of the facilities shall be approved only if there is no conflict with the museum's scheduling of other public programs or events and its daily operation and personnel requirements. A fee will be charged for public and private use. A set fee schedule, including a sliding scale rate, and standardized contract will be established, used and reviewed by each museum and state monuments unit and will be approved annually by the director of the museum of New Mexico.

                B.            For both public and private use, it is understood that the operational requirements of the museum, the security and maintenance of its buildings, exhibitions and collections shall be given first consideration. Because space is limited, preference shall always be given to programs that are museum-related or that are of educational or cultural value.

                C.            All requests to use the public facilities of the museum of New Mexico must be approved in writing by the associate director responsible for the buildings in which the facilities are located. Series programs - that is, a scheduled sequence of four or more programs by the same group or organization within a period of six months - require the approval of the appropriate associate director and the director of the museum of New Mexico.

                D.            Application for use of the museum of New Mexico facilities or for museum sponsorship, setting forth specific details of the proposed use in writing, must be made not less than twenty-one days in advance. Applications shall be handled on a first come, first serve basis. Users must sign an agreement form with the museum. Permission, if granted, shall not create a vested lease or tenure in such use.

[Recompiled 10/31/01]

 

4.51.50.9               CATEGORIES OF PERMITTED USE:

                A.            Museum use: This category includes activities developed and presented to the public by the staff of the museum or formally affiliated groups or individuals, with or without an admission charge.

                B.            State agencies use: This category includes activities sponsored and presented by other state agencies as part of their professional duties, such as a meeting. Use will be granted only if the space and personnel are available. The museum may waive the rental fee, but it is understood that the user shall be responsible for payment of the guard and any other special or required fees.

                C.            Co-sponsored use: This category includes activities developed and presented by the museum of New Mexico staff in collaboration - that is, museum staff actively works to develop an activity - or in conjunction - that is, museum staff works to implement a developed activity - with groups outside the museum.

                D.            Public and private use: This category includes activities presented by groups not affiliated with the museum of New Mexico.

                    (1)     Public and private uses permitted under this category include, but are not limited to, concerts, performances, meetings, conventions, conferences, receptions, lectures, and other educational and cultural presentations that are either directly or indirectly related to museum's interests and purposes.

                    (2)     All requests under this category will be considered and evaluated in relation to other events and museum functions already planned, and the availability of personnel, such as guards and other supervisory staff when needed. A request may be rejected if the proposed use would overburden the staff of the museum unit that is being requested for use. Fees under this category will be charged according to an established rate schedule, and the costs of all personnel services will be borne by the sponsoring agent. The associate director of that unit may, however, elect to waive rental fees if the sponsoring agent is a non-profit organization and the planned programs significantly enhance the programs and activities of the museum. A waiver of fees will not constitute sponsorship by the museum, unless specifically stated or granted.

                E.             Fund raising: No fund-raising activities will be permitted on the museum of New Mexico premises, except for the benefit of the museum.

                F.             Exceptions: Any requests to make exceptions to the stated uses must be submitted in written form to the appropriate associate director and the director of the museum of New Mexico, and must be approved in written form, after careful review and evaluation.

[Recompiled 10/31/01]

 

4.51.50.10             CONDITIONS OF USE:

                A.            In addition to rental fees, the cost of all personnel services, including a set fee for security services, shall be borne by the user. The museum may require payment of all or any part of the rental fees, such as a deposit to secure a reservation, in advance of a scheduled event. Fees will be established on a set museum-wide schedule, and may vary according to the size of space, services available, location, etc., of each museum unit.

                B.            Advance ticket sales for events sponsored by non-museum groups or organizations are not permitted on museum premises. Ticket sales on museum premises will be allowed on the day of the event. Generally, tickets go on sale one-half hour before an event begins, or with special permission, one hour or more before an event.  In no instance may a member of the museum of New Mexico staff or a museum volunteer, as a part of his or her job assignment during working hours, engage in the sale of tickets or handle any funds connected with non-museum programs.

                C.            No interior or exterior advertising, such as posters, brochures, merchandise displays or other promotional materials in connection with scheduled activities will be permitted in museum buildings, unless a request is submitted in written form and written approval is received from the associate director.

                D.            No sales of any kind in connection with scheduled activities will be permitted. Any exceptions must be approved in written form by the appropriate associate director.

                E.             No structural or permanent physical alterations, attachment to the permanent structures or modifications of museum property will be permitted, nor will any activity that requires closure of the exhibition areas during regularly scheduled visiting hours, except by permission in writing from the associate director of that museum unit.

                F.             No person shall be permitted to operate any sound, lighting or other equipment without prior approval from the appropriate museum staff person.  All fire regulations and laws concerning public safety shall be observed at all times. With use of the museum’s auditoriums, the user must keep the aisles free of any obstructions and abide by all emergency exit regulations.

                G.            At the discretion of the director or associate director, users may be required to provide a certificate of insurance for property damage and public liability.

                H.            No refreshments, such as food or beverage of any kind or nature, shall be taken into or consumed in the public facilities of the museum, unless authorized by the appropriate associate director.

                I.              Alcoholic beverages of any kind whatsoever will not be permitted, consumed or served on museum premises without first obtaining the consent, in writing (a signature on the contract form may suffice) from the appropriate associate director of the facility being used.  Permission will be granted only if alcoholic beverages are being served as part of a private reception or as part of a "public celebration", which includes receptions that are open to the public and being held in conjunction with a concert or other event that fits under the category of public use.  If permission is granted, it is understood that the user must comply with all museum policies and all city and state laws, rules, ordinances and regulations concerning the serving and consumption of all alcoholic beverages. At no time will "Bring Your Own Bottle" be permitted; at all times, some form of food, such as catered hors doeuvres, must be served in conjunction with the serving of alcoholic beverages.  Once permission is granted, the user is responsible for applying for a "special dispenser's permit" from the state of New Mexico's department of alcoholic beverage control, at least fifteen (15) days prior to the event, and must pay the $10 fee. The user must then have the permit validated by the city of Santa Fe or, in the case of state monuments, by the local municipal authority, and pay an additional $10 fee, for a total of $20 when both fees are paid. To complete the process, the user must then present a copy of a valid permit before approval of his or her contract will be granted.  While the museum does not encourage the sale of alcohol on its premises, a user may request in writing, stating strong reasons for the request, that the sale of alcoholic beverages be permitted. Permission shall be at the discretion of the associate director of the facility being used. if granted, the user must comply with all state and city laws concerning the sale of all alcoholic beverages.

                J.             The user must accept the existing heating and cooling capacities of the museum's public facilities as being adequate in their present condition.

                K.            The user, at its own expense, shall keep the museum premises being rented or occupied in a safe, sanitary and sightly condition, in good repair, and shall restore and yield back the same to the museum, with ordinary wear and tear expected. If the premises are not be [sic] so kept by user, the museum may enter and do all things necessary to restore the premises to the condition required. In such instances, all costs will be charged to the user.

[Recompiled 10/31/01]

 

History OF 4.51.50 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

No. 1, Policy on Public Use of Museum Facilities, 6/27/80.

Rule No. 50, Private and Non-Profit Use of Museum Facilities, 4/5/84.

Rule No. 50, Private and Non Profit Use of Museum Facilities, 10/29/84.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as Rule No. 46.

 

TITLE 4 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 46               TRAINING OPPORTUNITIES

 

4.51.46.1               ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico).

[Recompiled 10/31/01]

 

4.51.46.2               SCOPE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.46.3               STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.46.4               DURATION:  [Permanent]

[Recompiled 10/31/01]

 

4.51.46.5               EFFECTIVE DATE:  [Filed April 5, 1984]

[Recompiled 10/31/01]

 

4.51.46.6               OBJECTIVE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.46.7               DEFINITIONS:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.46.8               TRAINING OPPORTUNITIES:  The museum is committed to the goal of reflecting the cultural diversity of the state in its efforts to develop audiences and staff, as well as in its policies for exhibitions and programs. With the goal of developing a professional staff with a background in New Mexico culture and traditions, the museum will seek to provide career awareness and training opportunities for New Mexico residents interested in museum-related vocations.

[Recompiled 10/31/01]

 

History OF 4.51.46 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

Rule No. 46, Training Opportunities, 4/5/84.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as Rule No. 47.

 

TITLE 4 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 47               DATA PROCESSING PROGRAMS

 

4.51.47.1               ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico).

[Recompiled 10/31/01]

 

4.51.47.2               SCOPE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.47.3               STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.47.4               DURATION:  [Permanent]

[Recompiled 10/31/01]

 

4.51.47.5               EFFECTIVE DATE:  [Filed April 5, 1984]

[Recompiled 10/31/01]

 

4.51.47.6               OBJECTIVE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.47.7               DEFINITIONS:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.47.8               DATA PROCESSING PROGRAMS:  The museum of New Mexico shall use computer assistance as a management tool. A museum data processing steering committee will oversee all data processing applications and ensure that they adhere to the museum master plan and the requirements of the state of New Mexico data processing and data communications planning council.

[Recompiled 10/31/01]

 

History OF 4.51.47 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

Rule No. 47, Data Processing Programs, 4/5/84.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as Rule No. 43.

 

TITLE 4 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 43               CONSULTING AND OTHER OUTSIDE EMPLOYMENT

 

4.51.43.1               ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico).

[Recompiled 10/31/01]

 

4.51.43.2               SCOPE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.43.3               STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.43.4               DURATION:  [Permanent]

[Recompiled 10/31/01]

 

4.51.43.5               EFFECTIVE DATE:  [Filed August 25, 1983]

[Recompiled 10/31/01]

 

4.51.43.6               OBJECTIVE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.43.7               DEFINITIONS:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.43.8               CONSULTING AND OTHER OUTSIDE EMPLOYMENT:

                A.            Consulting and other employment beyond a museum staff member's official duties can be both professionally and financially beneficial to the individual. Serious ethical questions may arise, however, if the employee uses his position to promote these external activities. In most cases consulting and outside employment may be pursued if the employee remembers that his primary responsibility is to the museum of New Mexico, that the activities must not interfere with the discharge of official duties and that he must not compromise the professional integrity of the museum. If outside employment is in a field related to the employee's normal job responsibilities, he must fully disclose the scope of the activities to the director, museum of New Mexico.

                B.            If outside employment includes providing authentications, the employee must not only declare the activities to his associate director or bureau chief but must also state clearly, in writing, to the person seeking the authentication that it is given independently and without the sanction or support of the museum of New Mexico. A copy of the statement will be filed with the director's office. Museum employees are not authorized to give appraisals, either as staff members or independently.

                C.            Museum staff shall not engage in outside employment during paid working hours, nor will they use the museum's stationery or letterhead in conducting correspondence related to independent consulting or outside employment. Employees will not use museum facilities for any independent work for hire without written permission from the director. Permission to use museum facilities or equipment will be granted only under exceptional circumstances and by special written agreement when, in the opinion of the director, such an arrangement is of distinct benefit to or furthers the mission of the museum of New Mexico.

[Recompiled 10/31/01]

 

History OF 4.51.43 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

Rule No. 43, Consulting and Other Outside Employment, 8/25/83.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as Rule No. 45.

 

TITLE 4 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 45               BILINGUAL PROGRAMS

 

4.51.45.1               ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico).

[Recompiled 10/31/01]

 

4.51.45.2               SCOPE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.45.3               STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.45.4               DURATION:  [Permanent]

[Recompiled 10/31/01]

 

4.51.45.5               EFFECTIVE DATE:  [Filed April 5, 1984]

[Recompiled 10/31/01]

 

4.51.45.6               OBJECTIVE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.45.7               DEFINITIONS:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.45.8               BILINGUAL PROGRAMS:  In recognition and affirmation of the unique cultural heritage of the state, the museum of New Mexico is committed to the concept of bilingualism in public programs. Whenever appropriate and feasible, exhibition labels and educational materials shall be printed in English and Spanish or the relevant Native American language. Translation services and public programs in other languages will also be offered when applicable. Museum publications in Spanish or those that foster an awareness of the Spanish language and culture will be encouraged.

[Recompiled 10/31/01]

 

History OF 4.51.45 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

Rule No. 45, Bilingual Programs, 4/5/84.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as Rule No. 42.

 

TITLE 4 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 42               FOUNDATION GRANTS

 

4.51.42.1               ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico).

[Recompiled 10/31/01]

 

4.51.42.2               SCOPE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.42.3               STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.42.4               DURATION:  [Permanent]

[Recompiled 10/31/01]

 

4.51.42.5               EFFECTIVE DATE:  [Filed August 25, 1983]

[Recompiled 10/31/01]

 

4.51.42.6               OBJECTIVE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.42.7               DEFINITIONS:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.42.8               FOUNDATION GRANTS:  Emergency grants proposed during the funding year (July 1-June 30) from the museum of New Mexico to the museum of New Mexico foundation may be submitted to the foundation over the signature of the president of the board of regents, provided that they do not exceed $3,000. All grants above that amount must be reviewed and approved by the board of regents prior to submission to the foundation.

[Recompiled 10/31/01]

 

History OF 4.51.42 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

Rule No. 42, Foundation Grants, 8/25/83.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as Rule No. 40.

 

TITLE 4 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 40               CONTRACTS FOR PROFESSIONAL SERVICES

 

4.51.40.1               ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico).

[Recompiled 10/31/01]

 

4.51.40.2               SCOPE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.40.3               STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.40.4               DURATION:  [Permanent]

[Recompiled 10/31/01]

 

4.51.40.5               EFFECTIVE DATE:  [Filed August 25, 1983]

[Recompiled 10/31/01]

 

4.51.40.6               OBJECTIVE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.40.7               DEFINITIONS:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.40.8               CONTRACTS FOR PROFESSIONAL SERVICES:

                A.            The board of regents of the museum of New Mexico hereby delegates authority to draft and execute contracts pertaining to the routine business of the professional staff of the museum as in areas of contract archaeology, consultant services, publications, design, fabrication, maintenance, approved grant projects and program personnel. All such contracts shall be signed by the project supervisor, museum director and the appropriate state agency officers. (With the exception of contract archaeology, all contracts involving funds in excess of $2,500 shall be reported to the board of regents.)

                B.            Any contracts pertaining to transfer of real estate or contracts which involve museum funding beyond the annually approved operating and capital budgets must be approved by the board of regents.

[Recompiled 10/31/01]

 

History OF 4.51.40 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

Rule No. 40, Contracts for Professional Services, 8/25/83.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as Rule No. 39.

 

TITLE 4 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 39               CAPITALIZATION OF COLLECTIONS

 

4.51.39.1               ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico).

[Recompiled 10/31/01]

 

4.51.39.2               SCOPE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.39.3               STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.39.4               DURATION:  [Permanent]

[Recompiled 10/31/01]

 

4.51.39.5               EFFECTIVE DATE:  [Filed August 25, 1983]

[Recompiled 10/31/01]

 

4.51.39.6               OBJECTIVE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.39.7               DEFINITIONS:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.39.8               CAPITALIZATION OF COLLECTIONS:  WHEREAS, the collections of the museum of New Mexico are largely the result of private donations over a period of 57 years, and WHEREAS, it is neither practical nor advisable to record and update materials for individual collection items, BE IT RESOLVED that the museum of New Mexico, in not capitalizing its collections, recognizes them as culturally, historically and aesthetically significant objects that are held in perpetuity rather than as fixed assets to which accurate monetary values can be assigned.

[Recompiled 10/31/01]

 

History OF 4.51.39 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

Rule No. 39, Capitalization of Collections, 8/25/83.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as Rule No. 36.

 

TITLE 4 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 36               POLICY ON WRITING AND LECTURING

 

4.51.36.1               ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico).

[Recompiled 10/31/01]

 

4.51.36.2               SCOPE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.36.3               STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.36.4               DURATION:  [Permanent]

[Recompiled 10/31/01]

 

4.51.36.5               EFFECTIVE DATE:  [Filed as January 19, 1983]

[Recompiled 10/31/01]

 

4.51.36.6               OBJECTIVE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.36.7               DEFINITIONS:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.36.8               POLICY ON WRITING AND LECTURING:

                A.            Publications and lectures by staff on museum-related subjects enhance the reputation of the museum of New Mexico and should be encouraged. Indeed, writing and lecturing are part of the normal duties of curators, and should generally be considered job-related tasks. Staff members may not, however, be employed on any basis by another organization for these purposes without prior approval from the director.

                B.            Problems occasionally arise over the matter of compensation for writing and lecturing. Writing tasks frequently accompany exhibitions and public programs, or are undertaken as a means of interpreting objects in the collections in the form of journal articles. These tasks, whether initiated by the curator or his supervisor should be outlined in a written memorandum from the supervisor, defining the scope of the project and setting a deadline for its completion. Such assignments are performed on museum time, and are considered work-for-hire, with the museum owning the final product. In these cases, it is understood that the author is not entitled to any compensation other than his salary and expenses. The director, museum of New Mexico, may make exceptions to this policy in the case of visiting researchers and guest curators, who may become temporary employees, if it is to the museum's benefit, so long as the terms of recompense are clearly defined in the initial contract with the independent contractor.

                C.            Curators and other employees may wish to undertake independent research and writing projects which are separate from their curatorial duties. In such cases a written agreement will be drawn up between the museum of New Mexico and the employee defining to what extent the museum's scholarly and clerical resources will be involved in the project and to what extent the museum will share in any royalties, fees or profits that may result.

                D.            When outside lecturing activities are related to an employee's professional duties, the employee should clearly outline the scope of these activities to the associate director or chief of his bureau and seek approval before they are undertaken. The employee will not accept stipends, fees or other monetary rewards without prior written approval from the director, museum of New Mexico, or the director's designee. Acceptance of fees, other than reasonable meal and travel expenses, is not permissible if a lecture is given during time for which an employee is compensated by the state of New Mexico.

                E.             Written work and photography done under contract with the museum of New Mexico should be considered work-for-hire; the results are the unrestricted property of the museum of New Mexico. The director may make exceptions to this rule, however, if it appears that the museum will benefit.

[Recompiled 10/31/01]

 

History OF 4.51.36 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

Rule No. 36, Policy on Writing and Lecturing, 1/19/83.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as Rule No. 38.

 

TITLE 4 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 38               ALTERATION OF BUILDINGS AND GROUNDS

 

4.51.38.1               ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico).

[Recompiled 10/31/01]

 

4.51.38.2               SCOPE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.38.3               STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.38.4               DURATION:  [Permanent]

[Recompiled 10/31/01]

 

4.51.38.5               EFFECTIVE DATE:  [Filed August 25, 1983]

[Recompiled 10/31/01]

 

4.51.38.6               OBJECTIVE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.38.7               DEFINITIONS:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.38.8               ALTERATION OF BUILDINGS AND GROUNDS:  WHEREAS, the exterior of properties and surrounding grounds owned by the museum of New Mexico are the concern of the community at large, BE IT RESOLVED that any decisions regarding significant changes to the exterior or permanent modification of the interior of buildings, permanent signage for the facilities of the museum of New Mexico or any division thereof, or permanent placement of architectural or collection elements outside of, or the interior of, museum buildings must be approved by the board of regents.

[Recompiled 10/31/01]

 

History OF 4.51.38 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

Rule No. 38, Alteration of Buildings and Grounds, 8/25/83.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as Rule No. 31.

 

TITLE 4 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 31               POLICY ON LOSSES AND DAMAGE TO MUSEUM COLLECTIONS

 

4.51.31.1               ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico).

[Recompiled 10/31/01]

 

4.51.31.2               SCOPE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.31.3               STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.31.4               DURATION:  [Permanent]

[Recompiled 10/31/01]

 

4.51.31.5               EFFECTIVE DATE:  [Filed November 3, 1982]

[Recompiled 10/31/01]

 

4.51.31.6               OBJECTIVE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.31.7               DEFINITIONS:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.31.8               POLICY ON LOSSES AND DAMAGE TO MUSEUM COLLECTIONS:  Thefts, accidental losses and vandalism of museum collections shall be reported immediately (i.e., within 24 hours) to the responsible associate director or bureau chief, and to the registrar and the director, museum of New Mexico. This notification will be followed by a prompt report of the circumstances surrounding the damage, loss or disappearance of the object(s) and an estimate of the monetary value involved. Museum collections are not a part of the regular inventory of state property and are not reported according to the procedures regarding loss or destruction of such items.

[Recompiled 10/31/01]

 

History OF 4.51.31 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

Rule No. 31, Policy on Losses and Damage to Museum Collections, 11/3/82.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as Rule No. 32.

 

TITLE 4 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 32               POLICY ON PERSONAL COLLECTING BY MUSEUM EMPLOYEES

 

4.51.32.1               ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico).

[Recompiled 10/31/01]

 

4.51.32.2               SCOPE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.32.3               STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.32.4               DURATION:  [Permanent]

[Recompiled 10/31/01]

 

4.51.32.5               EFFECTIVE DATE:  [Filed November 3, 1982]

[Recompiled 10/31/01]

 

4.51.32.6               OBJECTIVE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.32.7               DEFINITIONS:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.32.8               POLICY ON PERSONAL COLLECTING BY MUSEUM EMPLOYEES:

                A.            Personal collecting by any member of a museum's staff can always raise the question of conflict of interest. Employees of the museum of New Mexico who maintain private collections should be aware of this danger and should exercise extraordinary discretion in their collecting activities. They should be aware that the museum administration may, from time to time, issue directives that will affect these activities in the interest of avoiding even the appearance of conflict of interest.

                B.            Employees shall consider the needs of the museum to have priority over their personal desire to collect. Within six months of accepting employment with the museum of New Mexico, all staff members are expected to make a written disclosure to the director of the nature and extent of their private collections in areas which relate directly to their job responsibilities. Annual reports of changes in the status and content of such collections must follow. These reports will remain part of the employee's confidential personnel records.

                C.            While employed by the museum it is also the duty of every staff member to inform his associate director, bureau chief or the director, museum of New Mexico, of the availability of items that may be useful in museum programs. An employee may not use his affiliation with the museum of New Mexico to promote his own or an associate's collections, nor may he represent himself as an agent of the museum while acquiring items for his personal use and enjoyment.

[Recompiled 10/31/01]

 

History OF 4.51.32 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

Rule No. 32, Policy on Personal Collecting by Museum Employees, 11/3/82.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as Rule No. 30.

 

TITLE 4 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 30               POLICY ON INTERNSHIPS

 

4.51.30.1               ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico).

[Recompiled 10/31/01]

 

4.51.30.2               SCOPE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.30.3               STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.30.4               DURATION:  [Permanent]

[Recompiled 10/31/01]

 

4.51.30.5               EFFECTIVE DATE:  [Filed November 3, 1982]

[Recompiled 10/31/01]

 

4.51.30.6               OBJECTIVE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.30.7               DEFINITIONS:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.30.8               POLICY ON INTERNSHIPS:  Professional internships are of mutual benefit to the intern and to the museum of New Mexico and will be encouraged within the constraints of the museum budget. Appointment of an intern involves a commitment and definite obligations for museum staff. Every effort will be made to provide the intern with the broadest possible exposure to the museum profession, to basic problems and ethical issues with which museums deal, and to provide training in museum techniques for specific areas of the intern's interest. The conditions of an internship - including salary, work to be performed, and training to be provided - shall be explicitly stated in a written agreement between the intern and the museum of New Mexico. This agreement must be endorsed by the supervising associate director or bureau chief and the director, museum of New Mexico.

[Recompiled 10/31/01]

 

History OF 4.51.30 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

Rule No. 30, Policy on Internships, 11/3/82

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as Rule No. 28.

 

TITLE 4 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 28               POLICY ON COMMERCIAL USE OF MUSEUM COLLECTIONS AND FACILITIES

 

4.51.28.1               ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico).

[Recompiled 10/31/01]

 

4.51.28.2               SCOPE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.28.3               STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.28.4               DURATION:  [Permanent]

[Recompiled 10/31/01]

 

4.51.28.5               EFFECTIVE DATE:  [Filed November 3, 1982]

[Recompiled 10/31/01]

 

4.51.28.6               OBJECTIVE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.28.7               DEFINITIONS:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.28.8               POLICY ON COMMERCIAL USE OF MUSEUM COLLECTIONS AND FACILITIES:       A.            Use of museum of New Mexico collections and facilities for commercial purposes shall not be encouraged and will be allowed only when carefully, controlled and monitored by museum staff. Permission for commercial use of museum collections and facilities must be obtained from the associate director of the appropriate bureau and the director, museum of New Mexico. Use of museum objects will be permitted only upon written recommendation from the responsible curator, who will accompany the objects during their use. A prior letter of intent and proof of adequate insurance against damages are also required.

                B.            Utilization of museum facilities must not result in permanent alteration to grounds or structures. Facilities must be returned to their prior condition after use, and the user will be responsible for all cleaning and repairs. Every effort should be made to avoid disrupting normal visitor access.

                C.            Commercial media productions must not distort the purposes or historical integrity of the museum and its collections. Permission to use objects and facilities will be withdrawn by the director if the museum is compromised in any manner. No object, exhibit or structure will be used in promotion of a product or service that implies endorsement by the state or the museum of New Mexico.

[Recompiled 10/31/01]

 

History OF 4.51.28 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

Rule No. 28, Policy on Commercial Use of Museum Collections and Facilities, 11/3/82.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as Rule No. 29.

 

TITLE 4 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 29               POLICY ON DEACCESSION OR REMOVAL OF MUSEUM OBJECTS

 

4.51.29.1               ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico).

[Recompiled 10/31/01]

 

4.51.29.2               SCOPE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.29.3               STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.29.4               DURATION:  [Permanent]

[Recompiled 10/31/01]

 

4.51.29.5               EFFECTIVE DATE:  [Filed November 3, 1982]

[Recompiled 10/31/01]

 

4.51.29.6               OBJECTIVE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.29.7               DEFINITIONS:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.29.8               POLICY ON DEACCESSION OR REMOVAL OF MUSEUM OBJECTS:

                A.            Museums must be free to improve the quality of their holdings through occasional sale, exchange or disposal of collection items. Objects from the museum of New Mexico collections will be deaccessioned only if they have lost their authenticity, physical integrity or usefulness for museum purposes.

                B.            Objects held by the museum of New Mexico and that may be traded, sold or otherwise disposed of include:

                    (1)     non-collection (i.e., non-accessioned) items donated specifically for trade or resale;

                    (2)     gifts accepted as part of larger collections but that are not within the scope of museum collecting guidelines;

                    (3)     accessioned pieces that are no longer relevant for museum purposes and that do not enhance the quality of existing collections; and

                    (4)     items that have seriously deteriorated or that have been damaged beyond repair.

                C.            Extreme caution must be taken in considering removal of objects from the museum collections. Legal authority to deaccession the item(s) must be clear, and advice of the museum counsel should be sought if questions of legality arise. Furthermore, the conditions of the object(s) and circumstances of removal must be carefully recorded. Under no circumstances will items to which the museum has title be given or sold to museum staff or their families, to members of the board of regents, or to staff and boards of support organizations. Private sale is not permitted. All items sold from museum of New Mexico collections will be sold at public auction and in accordance with state laws. Museum collections are not part of the state inventory of depreciable property.

                D.            Before deaccession, consideration should be given first to transferring the item(s) to the museum education programs and second to another non-profit cultural institution. The museum will seek an appraisal from a qualified appraiser before any objects to which it has title are sold or exchanged.

                E.             The process of deaccessioning should be initiated by the appropriate curator, who must file a written statement with the associate director of the bureau involved, stating the reasons that the object should be considered for deaccessioning. If the associate director approves, the final decision to deaccession will be made by the collections committee.

                F.             Approval of the director, museum of New Mexico, is required for deaccession of objects with a market value of over $500. Deaccession of items valued at over $1,000 must be approved by the board of regents upon recommendation of the director. A complete file will be kept documenting each deaccession.

[Recompiled 10/31/01]

 

History OF 4.51.29 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

Rule No. 29, Policy on Deaccession or Removal of Museum Objects, 11/3/82.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as Rule No. 26.

 

TITLE 4 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 26               POLICY ON CULTURAL PROPERTIES

 

4.51.26.1               ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico).

 

4.51.26.2               SCOPE:  [RESERVED]

[Recompiled 10/21/01]

 

4.51.26.3               STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/21/01]

 

4.51.26.4               DURATION:  [Permanent]

[Recompiled 10/21/01]

 

4.51.26.5               EFFECTIVE DATE:  [Filed October 26, 1982]

[Recompiled 10/21/01]

 

4.51.26.6               OBJECTIVE:  [RESERVED]

[Recompiled 10/21/01]

 

4.51.26.7               DEFINITIONS:  [RESERVED]

[Recompiled 10/21/01]

 

4.51.26.8               ACQUISITION:  Subject to the provisions of the Museum of New Mexico Enabling Act (Section 18-3-3, NMSA 1978) and the Cultural Properties Act (Section 18-6-1 to 18-6-17, NMSA 1978), and in accordance with the National Historic Preservation Act of 1966 (P.L. 89-655), the museum of New Mexico may acquire sufficient interest in prehistoric or historic sites of statewide or regional significance to insure their continued preservation. Cultural properties and their associated artifacts shall be considered an integral part of the museum collections and treated according to existing policies for acquisition, curation and deaccessioning.  All sites or structures submitted to the board of regents for inclusion into the state monuments system shall be subjected to a feasibility study, including the prospects for adequate funding, to determine their suitability as a state monument. The feasibility study will be conducted by the museum of New Mexico. Criteria for acceptance shall be as follows:

                A.            Value:  The cultural property must possess exceptional value or quality in illustrating or interpreting the heritage (historical or archaeological) of the state of New Mexico, such as:

                    (1)     Sites at which major events occurred or that represent to an outstanding degree the broad cultural, political, economic, military or social history of the state, and from which an understanding and appreciation of the larger patterns of our New Mexican heritage can be gained.

                    (2)     Sites associated closely with the lives of persons significant in the history of New Mexico.

                    (3)     Sites associated closely with an important event that represents some significant idea or ideal of the people of New Mexico.

                    (4)     Properties that embody the distinguishing characteristics of an architectural type and are of exceptional value for study of a period, style or method of construction; or a notable structure representing the work of a master builder, designer or architect.

                    (5)     Archaeological sites which have produced or may potentially produce information of major scientific importance by revealing new cultures or by shedding light on periods of occupation over large areas of New Mexico.

                B.            Significance:  To possess statewide significance, a cultural property must possess physical integrity. This requires original location, sufficient material remains to warrant development, and retention of the intangible elements of feeling and association at the site. Properties which are primarily of religious significance, but are not of statewide importance for other reasons related to the cultural and historical heritage of New Mexico, will not be eligible for consideration. Birthplaces, graves, burials and cemeteries, as a general rule, are not eligible for consideration and recognition, except in cases of those sites associated with figures of transcendent importance. Cultural properties related to the actual careers and contributions of outstanding historical personages usually are more important than their birthplaces and burial places.

                C.            Suitability:  Each cultural property should include sufficient land to preserve all the significant prehistoric or historic features associated with the site, plus such additional lands as may be needed to protect the site from encroachment and to provide area for the unobtrusive development of necessary administrative and public facilities. The site and its historically related environment should lend itself to effective preservation and interpretation.

                D.            Distribution:  Ideally, the monuments should be distributed as equally as possible throughout the state.

                E.             Historical Themes:  Cultural properties will not be accepted which duplicate or overlap the historic themes of existing state monuments unless their importance or need for preservation can be adequately demonstrated to the board of regents.

                F.             Feasibility:  The test of feasibility will involve the weighing of all the values and public needs served by the proposal.

[Recompiled 10/21/01]

 

4.51.26.9               ADAPTIVE USE:  Temporary or permanent use of historic structures for administrative purposes or use of any cultural property as a setting for demonstrations, festivals, exhibits, and other related events is recognized as legitimate and consistent with the museum's role, provided the values for which the site is preserved are not distorted. Those activities that are appropriate to the historical period being depicted will be especially encouraged.

[Recompiled 10/21/01]

 

History OF 4.51.26 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

Rule No. 26, Policy on Cultural Properties, 10/26/82.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule is filed as Rule No. 27.

 

TITLE 4 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 27               ACQUISITIONS: GIFTS, PURCHASES AND EXCHANGES

 

4.51.27.1               ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico).

[Recompiled 10/31/01]

 

4.51.27.2               SCOPE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.27.3               STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.27.4               DURATION:  [Permanent]

[Recompiled 10/31/01]

 

4.51.27.5               EFFECTIVE DATE:  [Filed December 15, 1989]

[Recompiled 10/31/01]

 

4.51.27.6               OBJECTIVE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.27.7               DEFINITIONS:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.27.8               OBJECTS FOR MUSEUM COLLECTIONS:

                A.            Only objects that are relevant to and consistent with the purposes of the museum of New Mexico shall be collected. Objects will not be acquired for the permanent collection unless the appropriate museum bureau can provide for their storage, protection and preservation in keeping with professionally accepted standards.

                B.            Objects will not be acquired unless they are in stable condition, or are only in need of minor conservation work which the museum can provide, or sufficient funds are contributed to restore the tendered items. At the discretion of the director, museum of New Mexico, exceptions may be made for special research material or for rare or unique items that would substantially enhance the collections. These must be reported promptly to the board of regents. It is intended that objects in the museum of New Mexico collections will be retained as long as they keep their physical integrity, their authenticity and identity, and as long as they remain useful for the purposes of the museum.

                C.            The provenance of items acquired by gift, purchase or exchange shall be satisfactory. The museum endorses and will abide by the 1970 UNESCO convention which prohibits the "illicit import, export, and transfer of ownership of cultural property." The museum also endorses and will abide by all applicable provisions of the American Indian Religious Freedom Act as well as state and federal antiquities and endangered species acts and applicable tribal laws. In considering gifts, bequests, purchases, or exchanges, it should be reasonably certain that the museum of New Mexico can acquire or have valid and legal title to the objects.

                D.            Archaeological materials should not be accepted unless they have been excavated according to rigorous professional standards and in compliance with the appropriate local, state, tribal and federal guidelines. All such items should be accompanied by documents that clearly demonstrate a systematic method of excavation and that record the conditions of removal. At the discretion of the director, museum of New Mexico, exceptions may be made if acquisition of the materials is compatible with the protection and enhancement of New Mexico's cultural heritage. Such exceptions shall be reported to the board of regents for approval.

                E.             Title to all objects acquired for the permanent collections shall be obtained free and clear and without restrictions as to use or future disposition. If, under exceptional circumstances and with the approval of the director, objects are accepted with restrictions or limitations, the condition will be stated clearly in the instrument of conveyance, made part of the accession records, and reported to the board of regents. These conditions shall be strictly observed by the museum.

                F.             In some special cases, such as those of artifacts excavated from federal land, which remain federal property, and those of artifacts from state or tribal property, objects may become part of the collections of the museum of New Mexico through long-term loans. In these situations a special long-term loan agreement will be drawn up between the museum and the lender, stating the length of the loan and any restrictions that may apply to it.

                G.            After initial consideration of objects offered as gifts, purchases or exchanges by the associate director and curators of the appropriate bureau, recommendations will be submitted to the museum collections committee or its designated authority for final decision. The registrar will report accessions regularly to the board of regents for ratification.

                H.            In certain cases at the discretion of the museum collections committee, approval or rejection of objects may be referred to the board of regents.

                I.              An appropriate instrument of conveyance, properly executed by the donor and the museum, setting forth an adequate description of the objects involved and the precise conditions of transfer, shall be obtained for all gifts, purchase or exchanges and shall be kept on file at the museum. Any collection item in the custody of the museum which is not covered by a signed gift agreement or a signed loan agreement will be known as an unaccessioned item. The proper operation of a museum requires that unaccessioned items be returned to the lawful owner. In the event that the lawful owner cannot be determined after diligent efforts, ownership shall be vested in the museum of New Mexico, in accordance with established procedures for the determination of ownership of unaccessioned or abandoned items.

                J.             Objects may be acquired by the museum without all attendant copyrights only if an assignment is obtained for unrestricted permission to photograph the object.

                K.            Collection priorities shall be established by the director, museum of New Mexico, in consultation with the executive staff and appropriate curators. It shall be the policy of the museum of New Mexico to encourage the support of the private sector in acquiring objects for museum collections, and also to seek assistance from appropriate federal agencies.

                L.             All gifts shall be accessioned in the name of "The Museum of New Mexico."

[Recompiled 10/31/01]

 

4.51.27.9               NON-COLLECTION ITEMS:  Objects to which the museum holds title fall into two categories. They may be accessioned gifts, purchases or loans, and thus be part of the museum collections, or they may be non-accessioned items that serve an educational, decorative or other useful function. Non-accessioned objects may be sold or exchanged for the unspecified benefit of the museum and its collections or programs. In such cases, potential donors shall be informed that their gift is for the benefit of the museum but will not be accessioned into the collection. Such donations may also qualify as tax-deductible.

[Recompiled 10/31/01]

 

4.51.27.10             UNSOLICITED GIFTS:

                A.            The development of the museum of New Mexico and its collections is dependent in large measure upon the generosity of the public. The public image of the museum is partly dependent on the manner in which the staff responds to prospective donors. Courtesy, consideration tact and enthusiasm all contribute to the establishment of a friendly relationship between the museum and the donor.

                B.            All unsolicited offers of gifts will be carefully considered according to the review process for acquisitions. Every attempt will be made to avoid unnecessary delays in decision-making and processing of gifts to the collections. All potential additions to the collections of the museum of New Mexico will be reviewed by the collections committee, and its decisions will be reported to the board of regents. The primary consideration in acquiring an unsolicited gift will be the recommendation of the appropriate curator. The action of the collections committee will be deemed final unless referred to and superseded by the board of regents.

                C.            Unsolicited money gifts or potential gifts of funds and real property to the museum shall be referred to the director, museum of New Mexico, and development officer for consideration. All such gifts will be reported to the board of regents at its next regular meeting.

[Recompiled 10/31/01]

 

History OF 4.51.27 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

Rule No. 27, Policy on Acquisitions: Gifts, Purchases and Exchanges, 11/3/82.

Rule No. 27, Acquisitions: Gifts, Purchases and Exchanges, 12/5/89.

Rule No. 27, Acquisitions: Gifts, Purchases and Exchanges, 12/15/89.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule is filed as Rule No. 25.

 

TITLE 4 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 25               POLICY ON COPYRIGHTS, CREDITS AND REPRODUCTIONS

 

4.51.25.1               ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico).

[Recompiled 10/21/01]

 

4.51.25.2               SCOPE:  [RESERVED]

[Recompiled 10/21/01]

 

4.51.25.3               STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/21/01]

 

4.51.25.4               DURATION:  [Permanent]

[Recompiled 10/21/01]

 

4.51.25.5               EFFECTIVE DATE:  [Filed October 26, 1982]

[Recompiled 10/21/01]

 

4.51.25.6               OBJECTIVE:  [RESERVED]

[Recompiled 10/21/01]

 

4.51.25.7               DEFINITIONS:  [RESERVED]

[Recompiled 10/21/01]

 

4.51.25.8               POLICY ON COPYRIGHTS, CREDITS AND REPRODUCTIONS:

                A.            The museum of New Mexico will comply with the Federal Copyright Law and uphold the rights of authorship as recognized therin. All copyrights derived from the collections shall be obtained in the name of The museum of New Mexico. The museum presumes it has copyright to all collection items acquired prior to 1978 unless such rights were expressly reserved by the donor or seller. Use of unrestricted items may be granted, licensed or sold to others, but credit to the Museum must accompany all such use unless otherwise stipulated by written agreement. Requests for reproduction of copyrighted material should be referred to the associate director or chief of the appropriate bureau for approval.

                B.            The manufacture and sale or reproduction of both copyrighted and non-copyrighted items in the collections is a way of insuring wider public awareness of those collections and should be fostered by the museum. The director shall have the authority to license the manufacture and sale of reproductions and shall also insure the accuracy and appropriateness of these items, the manner in which they are advertised and the conditions under which they are sold.

[Recompiled 10/21/01]

 

history OF 4.51.25 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

Rule No. 25, Policy on Copyrights, Credits and Reproductions, 10/26/82.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as Rule No. 24.

 

TITLE 4 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 24               POLICY ON ARCHAEOLOGICAL CUSTODY

 

4.51.24.1               ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico).

[Recompiled 10/21/01]

 

4.51.24.2               SCOPE:  [RESERVED]

[Recompiled 10/21/01]

 

4.51.24.3               STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/21/01]

 

4.51.24.4               DURATION:  [Permanent]

[Recompiled 10/21/01]

 

4.51.24.5               EFFECTIVE DATE:  [Filed October 26, 1982]

[Recompiled 10/21/01]

 

4.51.24.6               OBJECTIVE:  [RESERVED]

[Recompiled 10/21/01]

 

4.51.24.7               DEFINITIONS:  [RESERVED]

[Recompiled 10/21/01]

 

4.51.24.8               POLICY ON ARCHAEOLOGICAL CUSTODY:

                A.            The museum of New Mexico is the official repository for all archaeological collections made or assembled under the terms of the Cultural Properties Act (18-6-1 to 18-6-17, NMSA 1978), unless other arrangements as specified in state regulation CPRC 82-R1 [now 4.10.8 NMAC] are deemed more appropriate. All such items will be accessioned, curated and treated as integral parts of the museum collections.

                B.            Collecting of artifacts by private individuals at state monuments or other registered cultural properties administered by the museum of New Mexico is a misdemeanor without a valid permit issued by the cultural properties review committee. Section 18-6-9(B) of the Cultural Properties Act forbids any unauthorized person or his agent to:  "appropriate, excavate, injure or destroy...any historic or prehistoric ruin or monument, or any object of historical, archaeological, architectural or scientific value situated on lands or in places owned or controlled by the state or its institutions ...."

[Recompiled 10/21/01]

 

History OF 4.51.24 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

Rule No. 24, Policy on Archaeological Custody, 10/26/82.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as Rule No. 20.

 

TITLE 4 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 20               POLICY ON PRESERVATION, RESTORATION AND RECONSTRUCTION

 

4.51.20.1               ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico).

 

4.51.20.2               SCOPE:  [RESERVED]

[Recompiled 10/21/01]

 

4.51.20.3               STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/21/01]

 

4.51.20.4               DURATION:  [Permanent]

[Recompiled 10/21/01]

 

4.51.20.5               EFFECTIVE DATE:  [Filed October 20, 1982]

[Recompiled 10/21/01]

 

4.51.20.6               OBJECTIVE:  [RESERVED]

[Recompiled 10/21/01]

 

4.51.20.7               DEFINITIONS:  [RESERVED]

[Recompiled 10/21/01]

 

4.51.20.8               POLICY ON PRESERVATION, RESTORATION AND RECONSTRUCTION:  It is not always necessary, practical, or even desirable for interpretive purposes that every historic or prehistoric structure administered by the museum of New Mexico be returned to its original condition. Accordingly, buildings and other major cultural features are preserved, restored or reconstructed according to their significance and the following criteria:

                A.            Preservation:  Preservation is the treatment to be considered first. This involves a decision to retain an historic site or structure in essentially the same condition as when it was acquired by the museum. Minor repairs may be necessary to prevent or stabilize the process of deterioration.  A decision to preserve may be made under the following conditions:

                    (1)     the structure upon acquisition already possesses the integrity and authenticity required;

                    (2)     restoration is indicated, but for financial or other reasons must be postponed;

                    (3)     there is not sufficient information to permit accurate restoration; and

                    (4)     the significance and interpretive value of the site does not justify the cost of complete restoration.

                B.            Restoration:  When essential to properly interpret the cultural and historical values of an area, historic or prehistoric structures may be fully and accurately restored to a previous state or to their original condition. Once restored they should be faithfully preserved in form and detail. Partial or adaptive restoration may be justified for uses that are consistent with the character of the structures involved.

                C.            Reconstruction:  Reconstruction may be authorized only in exceptional circumstances and under the following conditions:

                    (1)     virtually all traces of a highly significant structure have disappeared and its re-creation is critical for public understanding and appreciation of the cultural associations for which the site was established;

                    (2)     sufficient archaeological, historical, and architectural data exist to permit a completely accurate reproduction; and

                    (3)     the structure can be erected on the original site or in an historically accurate setting.

[Recompiled 10/21/01]

 

History OF 4.51.20 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

Rule No. 20, Policy on Preservation, Restoration and Reconstruction, 10/20/82.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as Rule No. 19.

 

TITLE 4 CULUTRAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 19               POLICY ON PHOTOGRAPHING MUSEUM COLLECTIONS

 

4.51.19.1               ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico).

[Recompiled 10/31/01]

 

4.51.19.2               SCOPE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.19.3               STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.19.4               DURATION:  [Permanent]

[Recompiled 10/31/01]

 

4.51.19.5               EFFECTIVE DATE:  [Filed October 20, 1982]

[Recompiled 10/31/01]

 

4.51.19.6               OBJECTIVE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.19.7               DEFINITIONS:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.19.8               POLICY ON PHOTOGRAPHING MUSEUM COLLECTIONS:

                A.            Casual photography, for personal use only, is permitted in exhibition areas of the museum of New Mexico unless otherwise posted. Use of tripods and flash attachments with cameras, however, is not permitted.

                B.            The museum maintains a service to provide, for a reasonable fee, photographic reproductions of items in its collections. Permission to photograph objects may be granted to individual researchers upon approval by the responsible curator or associate director. Requests to photograph the collections must be made in writing to the appropriate bureau, which will issue a permit if permission is granted. Items to be photographed will be handled and accompanied at all times by a curator. Under no circumstances may an object from the collections be removed from the museum complex to be photographed without curatorial supervision.

                C.            The museum of New Mexico retains all rights to publication of historic photographs and photographic images in its collections. Although these rights may be assigned, photographing collection items does not automatically imply permission to reproduce or publish such materials.

[Recompiled 10/31/01]

 

History OF 4.51.19 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

Rule No. 19, Policy on Photographing Museum Collections, 10/20/82.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as Rule No. 18.

 

TITLE 4                 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 18               POLICY ON LIBRARY COLLECTIONS

 

4.51.18.1               ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico).

 

4.51.18.2               SCOPE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.18.3               STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.18.4               DURATION:  [Permanent]

[Recompiled 10/31/01]

 

4.51.18.5               EFFECTIVE DATE:  [Filed October 20, 1982]

[Recompiled 10/31/01]

 

4.51.18.6               OBJECTIVE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.18.7               DEFINITIONS:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.18.8               POLICY ON LIBRARY COLLECTIONS:

                A.            The museum of New Mexico shall provide separate library facilities for each of the collecting bureaus.

                    (1)     The libraries will acquire materials that:

                              (a)     provide background information about the collections for the general public;

                              (b)     assist the staff in documenting, interpreting and caring for the collections;

                              (c)     facilitate the administration and operation of the museum; and

                              (d)     enhance research capabilities.

                    (2)     Museum libraries will avoid unnecessary duplication of holdings.

                B.            Museum staff and the public shall have access to library materials on library premises. Other access to materials may include: borrowing, although such privileges may not necessarily extend to all items or to all library users; interlibrary loans, provided library users will not thereby suffer serious inconvenience; and copying, which will be permitted in accordance with current copyright laws and as the condition of items permit.

                C.            Gifts will normally be accepted only on an unrestricted basis. Exceptions must be approved in advance by the responsible associate director or bureau chief. When a donation is made, the librarian should execute a timely acknowledgement and record the gift in accordance with established museum procedures.

                D.            Routine acquisition and discard decisions are the responsibility of the individual library staffs. Only those items that are related to the purposes and collections of the museum of New Mexico need be retained. Libraries shall discard inappropriate materials according to the highest standards of museum library ethics and the laws of New Mexico.

                E.             Museum libraries should strive to protect and preserve materials in their collections as well as all library and related museum records. Each library shall develop a plan for routine care and repair of materials, the establishment of proper storage and environmental conditions, security, and disaster prevention and action.

[Recompiled 10/31/01]

 

History OF 4.51.18 NMAC:

Pre-NMAC History: The material in this Part was derived from that previously filed with the State Records Center and Archives under:

Rule No. 18, Policy on Library Collections, 10/20/82.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as Rule No. 14.

 

TITLE 4                 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 14               POLICY ON FUND-RAISING

 

4.51.14.1               ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico).

[Recompiled 10/31/01]

 

4.51.14.2               SCOPE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.14.3               STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.14.4               DURATION:  [Permanent]

[Recompiled 10/31/01]

 

4.51.14.5               EFFECTIVE DATE:  [Filed October 20, 1982]

[Recompiled 10/31/01]

 

4.51.14.6               OBJECTIVE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.14.7               DEFINITIONS:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.14.8               POLICY ON FUND-RAISING:  The museum of New Mexico shall seek to augment its financial resources through establishment of a development office which will also serve as liaison with the museum's support organizations. All solicitation of funds or property from private or public grant sources by museum staff must be done with prior notice and in close coordination with the development office and museum administration. Major fund-raising, as determined by the director, may be undertaken only after receiving consent of the board of regents. Fund-raising committees for special projects and events sponsored by the museum of New Mexico may be formed only with the permission of the board of regents. Periodic reports on all fund-raising intents and activities will be made no less than a semi-annual basis to the office of cultural affairs.

[Recompiled 10/31/01]

 

History OF 4.51.14 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

Rule No. 14, Policy on Fund Raising, 10/20/82.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as Rule No. 17.

 

TITLE 4 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 17               POLICY ON LANDSCAPING AT MUSEUM FACILITIES

 

4.51.17.1               ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico).

[Recompiled 10/31/01]

 

4.51.17.2               SCOPE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.17.3               STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.17.4               DURATION:  [Permanent]

[Recompiled 10/31/01]

 

4.51.17.5               EFFECTIVE DATE:  [Filed October 20, 1982]

[Recompiled 10/31/01]

 

4.51.17.6               OBJECTIVE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.17.7               DEFINITIONS:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.17.8               POLICY ON LANDSCAPING AT MUSEUM FACILITIES:  General or decorative landscaping at museum of New Mexico facilities will emphasize plants that are native (indigenous) to the natural region in which the facilities are located. Exotic or non-native species may be used at state monuments only to demonstrate typical cultivated plants of the area or past land use and transformations of the natural landscape by man and domesticated animals.

[Recompiled 10/31/01]

 

History OF 4.51.17 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

Rule No. 17, Policy on Landscaping at Museum Facilities, 10/20/82

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as MNM: Rule No. 11.

 

TITLE 4 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 11               POLICY ON COLLECTION, DISPLAY AND REPATRIATION OF CULTURALLY

                                SENSITIVE MATERIALS

 

4.51.11.1               ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico).

[Recompiled 10/31/01]

 

4.51.11.2               SCOPE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.11.3               STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.11.4               DURATION:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.11.5               EFFECTIVE DATE:  [Filed February 5, 1991]

[Recompiled 10/31/01]

 

4.51.11.6               OBJECTIVE:  The policy of the museum of New Mexico is to collect, care for, and interpret materials in a manner that respects the diversity of human cultures and religions.  Culturally sensitive materials include material culture as well as the broader ethical issues which surround their use, care, and interpretation by the museum. The museum's responsibility and obligation are to recognize and respond to ethical concerns.

[Recompiled 10/31/01]

 

4.51.11.7               DEFINITIONS:

                A.            "Culturally sensitive materials" are objects or materials whose treatment or use is a matter of profound concern to living peoples; they may include, but are not limited to:

                    (1)     "human remains and their associated funerary objects" shall mean objects that, as a part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later;

                    (2)     "sacred objects" shall mean specific items which are needed by traditional religious leaders for the practice of an ongoing religion by present-day adherents;

                    (3)     photographs, art works, and other depictions of human remains or religious objects, and sacred or religious events; and

                    (4)     museum records, including notes, books, drawings, and photographic and other images relating to such culturally sensitive materials, objects, and remains.

                B.            "Concerned party" is a museum-recognized representative of a tribe, community, or an organization linked to culturally sensitive materials by ties of culture, descent, and/or geography. In the case of a federally recognized Indian tribe, the representative shall be tribally-authorized.

                C.            "Repatriation" is the return of culturally sensitive materials to concerned parties. Repatriation is a collaborative process that empowers people and removes the stigma of cultural paternalism which hinders museums in their attempts to interpret people and cultures with respect, dignity, and accuracy. Repatriation is a partnership created through dialogue based upon cooperation and mutual trust between the museum and the concerned party.

                D.            The museum of New Mexico's committee on sensitive materials is the committee, appointed by the director of the museum of New Mexico, that shall serve as the museum of New Mexico's advisory body on issues relating to the care and treatment of sensitive materials.

[Recompiled 10/31/01]

 

4.51.11.8               IDENTIFICATION OF CONCERNED PARTIES:

                A.            The museum shall initiate action to identify potentially concerned parties who may have an interest in culturally sensitive material in the museum's collections.

                B.            The museum encourages concerned parties to identify themselves and shall seek out those individuals or groups whom the museum believes to be concerned parties.

                C.            The museum's sensitive materials committee shall review all disputed individual claims of concerned-party status in consultation with the tribe, community, or organization which the individual(s) claims to represent. The museum's sensitive materials committee shall assist, when necessary, in designating concerned parties who have an interest in culturally sensitive materials contained in the collections of the museum of New Mexico.

                D.            The museum shall provide an inventory of pertinent culturally sensitive materials to recognized concerned parties.

                E.             The museum shall work with concerned parties to determine the appropriate use, care and procedures for culturally sensitive materials which best balance the needs of all parties involved.

[Recompiled 10/31/01]

 

4.51.11.9               IDENTIFICATION AND TREATMENT OF CULTURALLY SENSITIVE MATERIALS:

                A.            Within five years of the date of adoption of this policy, each museum unit shall survey to the extent possible (in consultation with concerned parties, if appropriate) its collections to determine items or material which may be culturally sensitive materials. The museum unit shall submit to the director of the museum of New Mexico an inventory of all potentially culturally sensitive materials. The inventory shall include to the extent possible the object's name, date and type of accession, catalogue number, and cultural identification. Within six months of submission of its inventory to the director of the museum of New Mexico, each museum unit shall then develop and submit, a plan to establish a dialogue with concerned parties to determine appropriate treatment of culturally sensitive items or materials held by the unit.

                B.            As part of its treatment plans for culturally sensitive materials, the museum reserves the right to restrict access to, or use of, those materials to the general public. The museum staff shall allow identified concerned parties access to culturally sensitive materials.

                C.            Conservation treatment shall not be performed on identified culturally sensitive materials without consulting concerned parties.

                D.            The museum shall not place human remains on exhibition. The museum may continue to retain culturally sensitive materials. If culturally sensitive materials, other than human remains, are exhibited, then a good-faith effort to obtain the advice and counsel of the proper concerned party shall be made.

                E.             All human skeletal remains held by the museum shall be treated as human remains and are de facto sensitive materials. The museum shall discourage the further collection of human remains; however, it will accept human remains as part of its mandated responsibilities as the state archaeological repository. At its own initiation or at the request of a concerned party, the museum may accept human remains to retrieve them from the private sector and furthermore, may accept human remains with the explicit purpose of returning them to a concerned party.

[Recompiled 10/31/01]

 

4.51.11.10             REPATRIATION OF CULTURALLY SENSITIVE MATERIALS:

                A.            On a case-by-case basis, the museum shall seek guidance from recognized, concerned parties regarding the identification, proper care, and possible disposition of culturally sensitive materials.

                B.            Negotiations concerning culturally sensitive materials shall be conducted with professional discretion. Collaboration and openness with concerned parties are the goals of these dialogues, not publicity. If concerned parties desire publicity, then it will be carried out in collaboration with them.

                C.            The museum shall have the final responsibility of making a determination of culturally sensitive materials subject to the appeal process as outlined under Section VII A. [now Subsection A of 4.51.11.12 NMAC]

                D.            The museum of New Mexico accepts repatriation as one of several appropriate actions for culturally sensitive materials only if such a course of action results from consultation with designated concerned parties as described in Section III of this policy [now 4.51.11.8 NMAC].

                E.             The museum may accept or hold culturally sensitive materials for inclusion in its permanent collections.

                F.             The museum may temporarily accept culturally sensitive materials to assist efforts to repatriate them to the proper concerned party.

                G.            To initiate repatriation of culturally sensitive materials, the museum of New Mexico's current deaccession policy shall be followed. The curator working with the concerned party shall complete all preparations for deaccession through the museum collections committee and director before negotiations begin.

                H.            Repatriation negotiations may also result in, but are not limited to, the retention of objects with no restrictions on use, care, and/or exhibition; the retention of objects with restrictions on use, care and/or exhibition; the lending of objects either permanently or temporarily for use to a community; and the holding in trust of culturally sensitive materials for the concerned party.

                I.              When repatriation of culturally sensitive materials occurs, the museum reserves the right to retain associated museum records but shall consider each request for such records on an individual basis.

[Recompiled 10/31/01]

 

4.51.11.11             ONGOING RECOVERY OR ACCEPTANCE OF ARCHAEOLOGICAL MATERIALS:

                A.            In providing sponsored archaeological research or repository functions, the museum shall work with agencies that regulate the inventory, scientific study, collection, curation, and/or disposition of archaeological materials to ensure, to the extent possible under the law, that these mandated functions are provided in a manner that respects the religious and cultural beliefs of concerned parties.

                B.            When entering into agreements for the acceptance of, or continued care for, archaeological repository collections, the museum may issue such stipulations as are necessary to ensure that the collection, treatment, and disposition of the collections include adequate consultation with concerned parties and are otherwise consistent with this policy.

                C.            In addition to the mandated treatment of research sites and remains and in those actions where treatment is not mandated, defined, or regulated by laws, regulations, or permit stipulations, the museum shall use the following independent guidelines in recovering or accepting archaeological materials.

                    (1)     Prior to undertaking any archaeological studies at sites with an apparent relationship to concerned parties, the museum shall ensure that proper consultation with the concerned parties has taken place.

                    (2)     When so requested by concerned parties, the museum shall include an observer, chosen by the concerned party, in the crew of an archaeological study.

                    (3)     The museum shall not remove human remains and their associated funerary objects or materials from their original context nor conduct any destructive studies on such remains, objects, and materials, except as part of procedures determined to be appropriate through consultation with concerned parties, if any.

                    (4)     The museum reserves the right to restrict general public viewing of in situ human remains and associated funerary objects or items of a sacred nature and further shall not allow the public to take or prepare images or records of such objects, materials, or items, except as part of procedures determined to be appropriate through consultation with concerned parties. Photographic and other images of human remains shall be created and used for scientific records only.

                    (5)     The museum reserves the absolute right to limit or deny access to archaeological remains being excavated, analyzed, or curated if access to these remains would violate religious practices.

                D.            Twice each calendar year, the state archaeologist shall compile and distribute a listing of all proposed, ongoing, and complete state-permitted archaeological work in New Mexico and all museum of New Mexico archaeological projects state-permitted or not. The list shall be public information and, in consonance with this policy, shall be distributed to all tribal governments in New Mexico, as well as to other recognized organizations that may be concerned with ongoing archaeological excavations and their findings.

[Recompiled 10/31/01]

 

4.51.11.12             APPEAL PROCESS:

                A.            A museum-recognized concerned party, or a party that claims to be a concerned party but which is not recognized to have such status by the museum's committee on sensitive materials, may appeal in writing to the director of the museum of New Mexico. The director shall issue a written response to the appeal within thirty (30) calendar days of its receipt. The decision of the director may be contested by written appeal to the board of regents of the museum, which shall take such final action as it deems appropriate.

                B.            Museum staff may appeal a decision of the sensitive materials committee in writing to the director of the museum of New Mexico. The director shall issue a written response to the appeal within thirty (30) calendar days of its receipt. The decision of the director shall be final.

[Recompiled 10/31/01]

 

HISTORY OF 4.51.11 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

MNM: Rule No. 11, Policy on Collection and Display of Sensitive Materials, 10/18/82.

MNM: Rule No. 11, Collection and Display of Sensitive Materials, 4/18/86.

MNM: Rule No. 11, Collection and Display of Culturally Sensitive Materials, 12/4/89.

MNM: Rule No. 11, Collection and Display of Culturally Sensitive Materials, 12/15/89.

MNM: Rule No. 11, Collection, Display and Repatriation of Culturally Sensitive Materials, 2/5/91.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as Rule No. 13.

 

TITLE 4 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 13               POLICY ON EXHIBITIONS

 

4.51.13.1               ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico).

[Recompiled 10/31/01]

 

4.51.13.2               SCOPE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.13.3               STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.13.4               DURATION:  [Permanent]

[Recompiled 10/31/01]

 

4.51.13.5               EFFECTIVE DATE:  [Filed October 20, 1982]

[Recompiled 10/31/01]

 

4.51.13.6               OBJECTIVE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.13.7               DEFINITIONS:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.13.8               POLICY ON EXHIBITIONS:

                A.            All exhibitions at the Museum of New Mexico shall be a part of a planned and systematic exhibitions program and shall be relevant to the goals and purposes of the museum of New Mexico. In general, exhibitions should be scheduled at least two years in advance. The exhibition schedule must be approved by the director, or the director's designee, and reported to the board of regents. Exhibitions may be interdisciplinary or specialized in nature and will draw upon the scholarship, resources and collections of all the museum's bureaus. Exhibition planning should involve curators, designers, educators, evaluators, public relations and administration from the initial stages to their termination. Exhibitions should not be regarded as individual curatorial statements, although curators will be ultimately responsible for the content, but as the results of a cooperative effort designed to help the museum fulfill its mission to the people of New Mexico. All exhibitions should be evaluated for effectiveness while they are open to the public and the results of that evaluation made an integral part of the continuing planning process.

                B.            The museum shall produce permanent, temporary and traveling exhibitions. Permanent exhibitions are defined as those having a life of at least five but not more than ten years. Temporary exhibitions have a life determined by scale, location and content, and may be circulated to other museums on a fee basis or, under special circumstances with the approval of the director, museum of New Mexico, without charge. Traveling exhibits are those specifically designed to be circulated free of charge to museums, schools, libraries and other cultural institutions within the state of New Mexico. Traveling exhibitions will be made available to out-of-state institutions on a fee basis.

[Recompiled 10/31/01]

 

History OF 4.51.13 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

Rule No. 13, Policy on Exhibitions, 10/20/82.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as Rule No. 10.

 

TITLE 4 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 10               POLICY ON CARE OF COLLECTIONS

 

4.51.10.1               ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico).

[Recompiled 10/31/01]

 

4.51.10.2               SCOPE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.10.3               STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.10.4               DURATION:  [Permanent]

[Recompiled 10/31/01]

 

4.51.10.5               EFFECTIVE DATE:  [Filed October 18, 1982]

[Recompiled 10/31/01]

 

4.51.10.6               OBJECTIVE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.10.7               DEFINITIONS:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.10.8               POLICY ON CARE OF COLLECTIONS:  The museum of New Mexico shall provide safe conditions for all collections, including permanent collections and loans, by providing adequate space, suitable security and a proper physical environment for every object in its custody. This includes regulation of conditions of light, relative humidity and temperature, and protection from pollutants and contaminants that may affect the well-being of individual objects.

                A.            Storage:  The museum shall examine and prepare objects prior to storage. This will include cleaning, fumigating and other measures consistent with professionally accepted conservation standards. There shall also be a regular system of cleaning, fumigation, inspection and maintenance in all collection areas. It shall be the responsibility of the museum of New Mexico to establish and maintain necessary reference tools related to the storage of collections, such as an inventory, location records and movement records.

                B.            Security:  In order to exercise proper trusteeship, and to protect and preserve collections of the museum and the archaeological and other culturally related sites of the state of New Mexico, the museum shall provide:

                    (1)     a fire prevention system.

                    (2)     building security, which shall include:

                              (a)     an alarm system;

                              (b)     a key system;

                              (c)     exterior security; and

                              (d)     bureau-level monitoring of staff, visitors, collections and other property.

                    (3)     professional training of the security force.  The museum of New Mexico recognizes that each individual staff member is responsible for the preservation and protection of the collections and other museum property.

                C.            Preservation and conservation:  In order to enhance, preserve and restore the cultural properties of the state of New Mexico, the museum shall provide professional conservation of collections. To this end, surveys of conservation and preservation needs of the museum shall be made by qualified conservators. These surveys will be followed by recommended treatment, including:

                    (1)     examination and preparation of objects in storage (see above);

                    (2)     protection of objects in exhibitions, work and storage areas from: light of high intensity, fluctuations and extremes of temperature and humidity, air pollution, natural hazards and pests. To this end an appropriate environment shall be developed and maintained when feasible in all units of the museum;

                    (3)     the museum shall provide supervision and training of personnel involved in the handling of its objects;

                    (4)     curators and conservators on the museum staff shall use outside conservation consultants when necessary and economically feasible and be aware of agencies to which problems may be referred. Conservators and other professional staff employed at the museum of New Mexico shall be familiar with the conservators code of ethics (Murray Pease Report) and adhere to its standards.

[Recompiled 10/31/01]

 

HISTORY OF 4.51.10 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

Rule No. 10, Policy on Care of Collections, 10/18/82.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as Rule No. 8.

 

TITLE 4 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 8                 POLICY ON APPRAISALS AND AUTHENTICATIONS

 

4.51.8.1                 ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico)

[Recompiled 10/31/01]

 

4.51.8.2                 SCOPE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.8.3                 STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.8.4                 DURATION:  [Permanent]

[Recompiled 10/31/01]

 

4.51.8.5                 EFFECTIVE DATE:  [Filed October 18, 1982]

[Recompiled 10/31/01]

 

4.51.8.6                 OBJECTIVE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.8.7                 DEFINITIONS:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.8.8                 POLICY ON APPRAISALS AND AUTHENTICATION:

                A.            The appraisal and authentication of objects of material culture are valuable tools which may be used to build strong museum collections. Curators are expected to be reasonably informed about the fair market value of items in their collections and are also encouraged to learn the arts of appraising and authenticating. The museum of New Mexico, however, does not offer appraisal services to the public.

                B.            Appraisals, either written or verbal, shall not be made by employees for objects not already the legal property of the museum of New Mexico. Individuals, including those who wish to donate items to the museum, should be referred to independent appraisers if they wish to have their donations evaluated for insurance, tax-deduction or other purposes.

                C.            In response to requests for the identification of objects, curators may offer a professional opinion or suggest sources of information, but they must guard against making definitive judgements or offering opinions on the authenticity or monetary value of objects brought to them for identification by the public.

[Recompiled 10/31/01]

 

History OF 4.51.8 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

Rule No. 8, Policy on Appraisals and Authentication, 10/18/82.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

This rule was filed as Rule No. 9.

 

TITLE 4 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 9                 POLICY ON BEQUESTS AND DEFERRED GIVING

 

4.51.9.1                 ISSUING AGENCY:  Office of Cultural Affairs, Museum Division (Museum of New Mexico).

[Recompiled 10/31/01]

 

4.51.9.2                 SCOPE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.9.3                 STATUTORY AUTHORITY:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.9.4                 DURATION:  [Permanent]

[Recompiled 10/31/01]

 

4.51.9.5                 EFFECTIVE DATE:  [Filed October 18, 1982]

[Recompiled 10/31/01]

 

4.51.9.6                 OBJECTIVE:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.9.7                 DEFINITIONS:  [RESERVED]

[Recompiled 10/31/01]

 

4.51.9.8                 POLICY ON BEQUESTS AND DEFERRED GIVING:

                A.            Should an individual solicit advice on the procedure for bequests or deferred giving to the museum, that information shall be relayed immediately to the development officer. Unsolicited bequests of funds, real property or collections shall be referred to the director, museum of New Mexico, with a recommendation for acceptance or refusal from the appropriate bureau of the museum. Guidelines for acquisitions will apply to all such gifts. Recommendations to refuse a bequest will be referred to the board of regents for approval.

                B.            Bequests shall be made in the name of "The Museum of New Mexico." Notification of all such gifts received will be included in the regular gifts report to the board of regents. All gifts and bequests should be recognized by a letter of acknowledgement and appreciation from the director.

[Recompiled 10/31/01]

 

HISTORY OF 4.51.9 NMAC:

Pre-NMAC History:  The material in this Part was derived from that previously filed with the State Records Center and Archives under:

Rule No. 9, Policy on Bequests and Deferred Giving, 10/18/82.

 

History of Repealed Material:  [RESERVED]

 

 
Return to NMAC homepage
 

TITLE 4                 CULTURAL RESOURCES

CHAPTER 51       MUSEUM OF NEW MEXICO

PART 5                 ARCHAEOLOGICAL RECORDS REPOSITORY AND CULTURAL

                                RESOURCE INFORMATION SYSTEM

 

4.51.5.1                 ISSUING AGENCY:  Cultural Affairs Department, Museum of New Mexico Board of Regents, and the Museum of New Mexico Division.

[4.51.5.1 NMAC - Rp, 4.51.5.1 NMAC, 1-1-2010]

 

4.51.5.2                 SCOPE:  Provisions of this rule apply to qualified users and qualified institutions, as defined herein, wishing to access the state archaeological records repository of the museum of New Mexico. Qualified users and institutions submitting cultural resource records for integration into the New Mexico cultural resource information system (NMCRIS) are also subject to the provisions of this rule.

[4.51.5.2 NMAC - Rp, 4.51.5.2 NMAC, 1-1-2010]

 

4.51.5.3                 STATUTORY AUTHORITY:  This rule is adopted pursuant to Section 9-4 A-6, NMSA 1978, of the Cultural Affairs Department Act; Section 18-3-3, NMSA 1978, which sets forth the duties and powers of the Museum of New Mexico Board of Regents; Section 18-6-11.1, NMSA 1978, of the Cultural Properties Act; and the National Historic Preservation Act of 1966, as amended, 16 U. S. C. 470 et seq.

[4.51.5.3 NMAC - Rp, 4.51.5.3 NMAC, 1-1-2010]

 

4.51.5.4                 DURATION:  Permanent.

[4.51.5.4 NMAC - Rp, 4.51.5.4 NMAC, 1-1-2010]

 

4.51.5.5                 EFFECTIVE DATE:  January 1, 2010, unless a later date is cited at the end of the section.

[4.51.5.5 NMAC - Rp, 4.51.5.5 NMAC, 1-1-2010]

 

4.51.5.6                 OBJECTIVE:  It is the objective of 4.51.5 NMAC to ensure that data contained in the state archaeological records repository and the New Mexico cultural resource information system (NMCRIS), collectively known as ARMS, is available to all qualified entities, as herein defined, and that the dissemination of such data does not create a risk of loss of cultural resources in the state of New Mexico. It is the further purpose of this rule to ensure that criteria and procedures for the dissemination or confidentiality of such data are consistent with the purposes of ARMS, such purposes being the ready retrieval and rapid analysis of cultural resource data by and for managers and scholars; the inclusion in the records repository and the NMCRIS of all recorded cultural resources in New Mexico regardless of ownership; and the maintenance and expansion of the records repository and the NMCRIS as a basis for compliance with state and federal historic preservation statutes.

[4.51.5.6 NMAC - Rp, 4.51.5.6 NMAC, 1-1-2010]

 

4.51.5.7                 DEFINITIONS:

                A.            “Agency” refers to the entity, usually a federal or state agency, that has administrative responsibility for consulting with the SHPO under section 106 of the National Historic Preservation Act concerning the potential effects of federally funded or licensed undertakings on archaeological or other historic cultural properties.

                B.            "Archaeological records" refers to the paper files and other materials including, but not limited to, forms, journals, maps, databases, photographs, manuscripts, and reports dealing with archaeological investigations conducted in the state of New Mexico.

                C.            "Archaeological site" means a location exhibiting evidence of past human activity.

                D.            "ARMS" means the archaeological records management section, a program of the cultural affairs department, museum of New Mexico, administered by the historic preservation division through a memorandum of agreement between the museum of New Mexico and the historic preservation division. ARMS manages the data in the New Mexico cultural resource information system (NMCRIS) and the records in the state archaeological records repository of the museum of New Mexico.

                E.             "ARMS computer system user account application" means a document requesting an individual computer account that, when signed by the state, the qualified user, and, if appropriate, by a representative of his/her qualified institution, constitutes a contract between these parties and specifies the rules and conditions of use of the NMCRIS.

                F.             "ARMS user agreement" refers to a document, signed annually by the state and a qualified user or qualified institution that specifies the conditions and requirements for using and disseminating information obtained from the records repository and the NMCRIS.

                G.            “Assisted access user” means an individual or institution that does not meet the qualification as described in Subsection M or Subsection N of 4.51.5.7 NMAC.  Assisted access users are approved by the ARMS registrar on a case-by-case basis and receive only staff-provided, limited access to ARMS resources.

                H.            "Cooperative agreements" means intergovernmental or joint powers agreements, as appropriate, between the ARMS and other state, federal, tribal, or local government agencies implemented to ensure the maintenance, expansion, and currency of the ARMS, and to achieve and maintain the comparability and accessibility of such information throughout the state in the interests of efficiency and of interagency cooperation.

                I.              “Cultural property” or cultural resource means a structure, place, site or object having historic, archaeological, scientific, architectural or other cultural significance.

                J.             “Cultural resource investigation” means field research of a specific area to identify, examine record, evaluate, and interpret cultural properties.

                K.            "NMCRIS" means the New Mexico cultural resource information system, an automated information system that serves as an inventory and database of all cultural properties in the state of New Mexico, and as an index to their geographic locations and related archival and object collections.

                L.            "Performing entity" means a public or private entity that documents cultural resources and generates records.

                M.