New Mexico Register / Volume
XXXII, Issue 6 / March 23, 2021
NOTICE OF PROPOSED RULEMAKING
The New Mexico
Department of Transportation (NMDOT) is proposing to repeal and replace 18.27.5
NMAC, Contractor Prequalification Rule.
Approval of the
initial rulemaking action for the proposed new rule was granted to NMDOT by the
New Mexico State Transportation Commission on January 16, 2020 pursuant to
Sections 9-5-1, 67-3-8 and 67-3-11, NMSA 1978.
The legal authority authorizing this rulemaking is Section 67-3-78, NMSA
1978.
Summary of Full Text: The
Contractor Prequalification Rule was first promulgated in 2015. The operation of
the rule rewards good contractor performance and encourages lesser quality
contractor performance to improve.
Purpose: The purposes for this proposed
repeal and replacement of the rule are to clarify the scoring method, to
clarify the definition of “project” and to rework the appeals procedure. Revisions are necessary to address these
issues and to fine tune the rule to better accomplish the intended purpose of
the program.
Full Text of the Proposed Rule: A copy
of the full text of the proposed new rule 18.27.5 NMAC may be found on the
NMDOT website at the following Internet link, under the Public Notices tab:
https://dot.state.nm.us/content/nmdot/en/public-notices.html. To obtain a printed copy of the proposed
amended rule, contact Mershawn Griego at
(505)216-8831 or MershawnC.Griego@state.nm.us. A reasonable fee may be charged for printed
copies.
Rulemaking Hearing: NMDOT
will hold one statewide virtual public hearing for the purpose of receiving
oral and written public comment from interested parties on the proposed repeal
and replacement of 18.27.5 NMAC. This
hearing will be held in conformance with the Governor’s directives regarding
gatherings and social distancing. The hearing
is scheduled on Thursday, April 22, 2021 from 1:00 p.m. to 3:00 p.m. To participate in this hearing:
Join Zoom Meeting:
https://dot-state-nm-us.zoom.us/j/92340195327?pwd=MTJMcVRnYzhBK0VZQmlZWUFmZURsdz09
Meeting ID: 923 4019 5327
Passcode: 080753
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Written Comments: To
submit written comments on or before the date of hearing, please send to: Mershawn Griego at
New Mexico Department of Transportation, P.O. Box 1149, Santa Fe, New Mexico
87504 or submit via email to MershawnC.Griego@state.nm.us. Written comments will be accepted from the
date this notice is published in the New Mexico Register, March 23, 2021 and
until the close of the final hearing scheduled in this rulemaking, April 22,
2021. If you plan to submit written
comments, argument or data, please make sure any documentation contains your
name, phone number and email address. If
submitting written comments by email, please indicate the rule number in the
subject line. Oral comments will only be
accepted at the public hearing, and may be subject to time limitations. After the close of the final hearing
scheduled in this rulemaking, the rulemaking record will be closed and no other
comments will be accepted. All written
comments will be posted on the department’s website within three days of
receipt.
Accommodations: Any
individual with a disability who is in need of an auxiliary aid or service to
attend or participate in the hearing, or who needs copies of the proposed rule revisions
in an accessible form may contact Mershawn Griego at
(505)216-8831 or MershawnC.Griego@state.nm.us at least ten days before the
hearing.