TITLE
9 HUMAN RIGHTS
CHAPTER
4 PERSONS WITH DISABILITIES
PART
20 GOVERNOR’S COMMISSION ON
DISABILITY RULES
9.4.20.1 Issuing agency: Governor’s Commission on Disability formally
known as governor’s committee on concerns of the handicapped.
[9.4.20.1
NMAC - Rp 9.4.20.1 NMAC, 12/27/2018]
9.4.20.2 Scope: The provisions in Part 20 apply to all parts
of Chapter 4 of Title 9, and provide relevant information to anyone affected or
interested in Chapter 4 of Title 9.
[9.4.20.2
NMAC - Rp 9.4.20.2 NMAC, 12/27/2018]
9.4.20.3 Statutory authority: These rules are adopted pursuant to
Subsection I of Section 28-10-2 NMSA 1978.
Any conflict with the constitution or laws of the state of New Mexico or
of the United States of America is not intended and void.
[9.4.20.3
NMAC - Rp 9.4.20.3 NMAC, 12/27/2018]
9.4.20.4 Duration:
[Permanent]
[9.4.20.4
NMAC - Rp 9.4.20.4 NMAC, 12/27/2018]
9.4.20.5 Effective date: December 27, 2018,
unless a later date is cited at the end of the section.
[9.4.20.5
NMAC - Rp 9.4.20.5 NMAC, 12/27/2018]
9.4.20.6 Objective: The purpose of the governor’s commission on
disability is the removal of barriers to the full integration of persons with
disabilities into the mainstream of New Mexico life, increase the quality of
life of New Mexicans with disabilities, and to meet all of the responsibilities
and exercise all of the authorities granted by law.
[9.4.20.6
NMAC - Rp 9.4.20.6 NMAC, 12/27/2018]
9.4.20.7 Definitions:
A. “Agency” means an entity, public or private,
which provides various social and/or health related services.
B. “Applicant”
means an individual in the community with a disability and capable of
self-directed care.
C. “Client”
means an applicant who has been approved by the governor’s commission on
disability to receive services of the residential accessibility modification
program.
D. “Commission”
means the governor’s commission on disability.
E. “Contractor”
means person(s) who may provide one or more of the services authorized for payment
with residential accessibility modification program funds.
F. “Disability” means a physical or mental
impairment that substantially limits one or more of the major life activities
such as caring for oneself, walking, toileting, etc.
G. “GCD”
means the governor’s commission on disability;
H. “Notice
to Proceed” means a notification letter from the
RAMP project manager addressed to the contractor awarding the project, and
notification stating the contractor can commence work on the referenced project
within 10 consecutive calendar days.
I. “Payer
of last resort” means as a condition of eligibility for residential
accessibility modification program services, another public or private
insurance or coverage and a community resource is exhausted first.
J. “Proof
of disability” means a statement of disability signed by a physician or a
verification of federally issued disability benefits.
K. “RAMP”
means residential accessibility modification program.
[9.4.20.7
NMAC - Rp 9.4.20.7 NMAC, 12/27/2018]
9.4.20.8 Commission Created:
A. There is created
the "governor's commission on disability".
B. The commission
shall consist of 15 members, nine of whom shall be appointed by the
governor. Initially, three members shall
be appointed for terms ending December 31, 1978, three members for terms ending
December 31, 1980 and three members for terms ending December 31, 1982. Thereafter, appointments shall be for six
years expiring on December 31 of even-numbered years. Appointed members shall be appointed from
different geographic areas of the state and from the major disability services
in the state. Appointed members shall
include individuals with disabilities, representatives of government and
private enterprise, parents or guardians of individuals with disabilities and
professionals in, or those who are interested in, service for individuals with
disabilities. Not more than five of the
members appointed by the governor shall be of the same political party.
C. The six
remaining members shall be the director of the department of vocational
rehabilitation of the public education department, the secretary of labor or
the secretary's designee, the director of the behavioral health services
division of the human services department, the secretary of children, youth and
families or the secretary's designee, the secretary of aging and long-term
services or the secretary's designee and the secretary of human services or the
secretary's designee.
D. A
majority of the members of the commission constitutes a quorum for the
transaction of business. The commission
shall meet at least twice a year and shall annually elect a chair and a vice
chair.
e. The
commission shall be primarily concerned with those individuals with
disabilities who have a condition that, regardless of its physical or mental
origin, constitutes a substantial occupational disadvantage.
[9.4.20.8
NMAC - Rp 9.4.20.8 NMAC, 12/27/2018]
9.4.20.9 POWERS AND DUTIES: The
governor's commission on disability shall establish and maintain a
comprehensive statewide program designed to encourage and promote attention to
the concerns of education and employment of individuals with disabilities in
this state.
To further this purpose, the commission shall:
A. cooperate with
the president's committee on employment of individuals with disabilities and
other federal efforts on behalf of disability concerns;
B. cooperate with
all employers and training leaders, both public and private, in locating or
developing employment opportunities for individuals with disabilities;
C. encourage and
assist in the organization and operation of committees at the community level,
the chairs of which shall automatically become members of the advisory council
authorized under Section 28-10-4 NMSA 1978;
D. assist state,
local and federal agencies to coordinate their activities to secure maximum
utilization of funds and efforts that aid in the training and employment of
individuals with disabilities;
E. enter into
written agreements with public and private employers, unions and rehabilitation
agencies for the purpose of achieving the maximum employment of individuals
with disabilities;
F. inform
individuals with disabilities who are seeking jobs from specific facilities
available to assist them in locating suitable training and employment;
G. conduct
educational programs via publications and other means to acquaint the public,
the legislature and the governor with the abilities and the accomplishments of
individuals with disabilities;
H. promote the
elimination of architectural barriers in construction so as to make buildings
used by the public readily accessible to and usable by persons with physical
limitations;
I. make by-laws as
it determines advisable for the conduct of its own business;
J. designate standing
committees related to state planning, community organization, public relations
and information, legislative action, federal coordination, state coordination,
youth, medical rehabilitation, employers and awards;
K. designate such
special committees as necessary for undetermined periods to carry out special
short-term programs;
L. establish and
administer a residential accessibility modification program to assist
low-income individuals with disabilities to make accessibility modifications to
residential dwellings as needed to enable those individuals with disabilities
to remain in their homes or to leave institutional settings and be reintegrated
into the community;
M. give advice and
testimony on disability concerns to the governor or the legislature or any
committee established by them, upon request; and
N. provide training
to state and local law enforcement officers regarding matters pertaining to
accessible parking for persons with disabilities.
[9.4.20.9
NMAC - Rp 9.4.20.9 NMAC, 12/27/2018]
9.4.20.10 Meetings: All meetings
shall be conducted in accordance with the “Open Meetings Act” (Section
10-15-1 et. seq. NMSA 1978) and the commission’s open meetings resolution.
A. Regular meetings of the commission
shall be held at least two times each year at the call of the chairperson in
consultation with the director. Special
or emergency meetings shall likewise be held following the provisions of the
applicable section of the open meetings act.
B. No meeting shall
be held before reasonable notice to the commission and to the public as
described in 9.4.20.11 NMAC.
C. Meetings shall
be conducted in accordance with generally accepted principles of parliamentary
procedure as determined by the chairperson.
D. Meetings shall
be held in accessible locations throughout the state as determined by the
director.
E. Annual meeting:
One of the regular meetings of the commission will be designated as the annual
meeting. This meeting shall be held
generally in the spring and shall be conducted in the manner of a statewide
conference for all persons with disabilities and agencies and professionals
working with persons with disabilities; other meetings shall be generally
limited to regular business. The
commission will endeavor to hold this meeting in different locations throughout
the state. At the annual meeting, the
commission will review and make necessary changes to the by-laws and rules,
strategic plan and open meetings resolution.
The commission shall also approve the operating budget for the next
fiscal year at the annual meeting.
[9.4.20.10
NMAC - Rp 9.4.20.10 NMAC, 12/27/2018]
9.4.20.11 REASONABLE NOTICE: Notice for all mettings will be provided in accordance with the
"Open Meetings Act" Section 10-15-1 et. seq. and the commission's
open meetings resolution.
A. For
the public:
(1) At
least 10 days prior to each regular meeting an announcement in at least two
newspapers of general circulation, including one with statewide circulation and
a second with regional or local circulation in the community in which the
meeting shall take place, shall be published advising the date, time, place,
and general agenda.
(2) Special
meetings may be held at least three days subsequent to the release of the
general press announcement containing the date, time, location and specific
need for a special meeting.
(3) Emergency
meetings may be held at least 24 hours subsequent to release of a general press
announcement containing the date, time, location and specific need for an
emergency meeting.
B. For
the commission:
(1) Commissioners
shall be notified of the date, time and location of regular meetings via
regular mail or email at least three weeks prior to the meeting.
(2) Commissioners
shall be notified by regular mail or e-mail at least three days before a special
meeting.
(3) Commissioners
should be notified by regular mail or e-mail at least three days before an
emergency meeting, but in no event without at least three attempted phone calls
placed at least 24 hours prior to said emergency meeting.
[9.4.20.11
NMAC - Rp 9.4.20.11 NMAC, 12/27/2018]
9.4.20.12 Voting:
A. All
commissioners, including statutory members, shall be entitled to vote on all
matters before the commission.
B. All votes shall
be recorded.
C. A commissioner may
vote by proxy executed in writing by that commissioner and filed with the
director.
D. Commissioners
whose terms of appointment have expired, but for whom no replacements have been
named, shall continue to serve and be eligible to vote on all matters until
such replacement are appointed.
[9.4.20.12
NMAC - Rp 9.4.20.12 NMAC, 12/27/2018]
9.4.20.13 Officers:
A. At the annual
conference meeting of each year a chairperson and vice chairperson shall be
elected to serve for a period of one year.
B. The duty of the
chairperson shall be to call and conduct the meetings and the vice chairperson
shall serve in the absence of the chairperson.
C. No commissioner
shall be elected to office in a year in which the term of appointment to the
commission expires.
[9.4.20.13
NMAC - Rp 9.4.20.13 NMAC, 12/27/2018]
9.4.20.14 Attendance:
A. For commissioners appointed by the governor: The
director shall request the governor to replace any commissioner who is absent
for two consecutive regular meetings without an excuse approved by the
chairperson regardless of whether a proxy is sent.
B. For statutory commissioners: The
director shall notify the governor of any statutory commissioner who fails to
attend any two consecutive regular meetings in person or by proxy, and request
the governor to take appropriate action.
[9.4.20.14
NMAC - Rp 9.4.20.14 NMAC, 12/27/2018]
9.4.20.15 Duties
of the Commissioners: The commissioners shall:
A. perform all duties required by law;
B. hire a director
and perform an annual personnel evaluation of the director;
C. approve annual
budget requests and operating budgets;
D. ratify inventory
deletions;
E. establish
priorities for staff activities, according to statute;
F. approve the
commission’s annual report;
G. adopt positions
of support, neutrality or opposition for proposed legislation affecting persons
with disabilities;
H. endeavor to
learn the needs and concerns of persons with disabilities statewide;
I. perform such
other tasks as the governor or legislature may request.
[9.4.20.15
NMAC - Rp 9.4.20.15 NMAC, 12/27/2018]
9.4.20.16 Duties
of the director:
The director shall:
A. direct daily
operation of the agency in compliance with applicable laws and regulations;
B. hire and supervise
staff as authorized by New Mexico state personnel board rules and regulations;
C. advocate for the
achievement of agency goals within
state, federal, and local governments, and among service providers, private
sector and the general public;
D. maintain close
ties to the executive and legislative branches of state government; provide
testimony on issues affecting persons with disabilities, and keep advised of
the status of legislative actions affecting persons with disabilities or the
commission;
E. report on
activities in past legislative sessions and present issues expected to be
discussed in legislative hearings to the commission prior to each session and
promote the positions, if any, adopted on such issues by the commission;
F. notify the chair or vice-chair
before traveling out-of-state or taking more than three consecutive days of
leave;
G. serve full time
in that capacity and shall maintain residency in New Mexico during the times of
occupancy of that position;
H. ensure that the
annual report is prepared in a timely manner.
[9.4.20.16
NMAC - Rp 9.4.20.16 NMAC, 12/27/2018]
9.4.20.17 Code
of conduct:
A. All
commissioners and staff shall be provided with a copy of the New Mexico
Governmental Conflict of Interest Act and shall abide by the terms.
B. Any commissioner
endorsing a particular commercial product or service shall do so in their
individual capacity only.
C. The commission
acts only as a body; commissioners wishing to volunteer time between meetings
on commission business are encouraged to do so in consultation with the
director. No per diem or travel expenses
shall be reimbursed unless the travel or expense was first approved by the
director.
D. No commissioner
may make any commitment or decision which binds on the commission unless that
commissioner received specific authorization.
E. All
commissioners and staff shall treat their positions as a public trust. They shall use the powers and resources of
their positions only to advance the public interest, and not obtain personal
benefits or pursue private interests incompatible with public interest.
F. All
commissioners and staff shall protect and maintain state property within their
possession and shall promptly report all lost, stolen or damaged property
beyond normal wear and tear.
G. All
commissioners and staff shall familiarize themselves with applicable rules and
laws governing their conduct.
H. All
commissioners and staff shall conduct themselves in a manner that justifies the
confidence placed in them by the public and at all times shall maintain their
integrity and discharge ethically the high responsibilities of public service.
I. All
commissioners and staff shall fully disclose all activities which constitute a
real or potential conflict of interest.
J. All commissioners
and staff shall not engage in undue influence or abuse of their positions.
K. All
commissioners and staff shall treat each other and members of the public with
appropriate respect and courtesy.
L. Staff shall not
hold outside employment or consulting work without the prior written approval
of the director. The director shall not
hold outside employment or consulting work without the prior written consent of
the chair.
[9.4.20.17
NMAC - Rp 9.4.20.17 NMAC, 12/27/2018]
9.4.20.18 executive
committee: There is created an
executive committee consisting of from three to six members appointed by the
chairperson to serve at her or his pleasure.
The executive committee shall:
A. Meet at least
once between regular commission meetings and keep informed on activities of the
agency;
B. Make
recommendations to the commission on issues, legislative proposals, budget and
finance matters and report on activities in process;
C. Advise the
director on courses of action in pursuit of commission goals.
D. Perform specific
duties and tasks as assigned by the full commission, including but not limited
to:
(1) Review
of budget requests and operating budgets;
(2) development
of draft strategic plan;
(3) recommendations
of special projects or taskforces pertinent to current issue resolutions;
(4) actions
relative to the agency director; candidate search, recommendation for hire,
annual evaluation and recommendation of termination; and
E. all recommendations
by executive committee will be taken to the full commission for possible
action.
[9.4.20.18
NMAC - Rp 9.4.20.18 NMAC, 12/27/2018]
9.4.20.19 Local
chapters: [RESERVED]
[9.4.20.19
NMAC - Rp 9.4.20.19 NMAC, 12/27/2018]
9.4.20.20 Compensation: Members of the governor’s commission on
disability shall be reimbursed as provided in the Per Diem Act, Section 10-8-1
et seq. NMSA 1978, but shall receive no other compensation, perquisite or
allowance.
[9.4.20.20
NMAC - Rp 9.4.20 NMAC, 12/27/2018]
9.4.20.21 Amendments: As authorized by the State Rules Act, the
Uniform Licensing Act, the attorney general's default procedural rule and other
applicable state law, a quorum of the commission may amend its administrative
rules.
[9.4.20.21
NMAC - Rp 9.4.20.21 NMAC, 12/27/2018]
9.4.20.22 residential
accesSIbility modification program: GCD
will provide residential accessibility modifications to New Mexicans with
disabilities, in accordinance with policies and proceedures as approved by the
commission.
A. Eligibility: Applicants must meet all the following
eligibility criteria:
(1) Must be a citizen of the United States of America;
(2) must be a resident of New Mexico for at least six months;
(3) must have a physical disability documented by receipt of Social Security Disability Benefits e.g. Social Security Disability Income, other federally issued benefits or a statement from a physician;
(4) must have applied for another appropriate and available residential modification community resource leaving the RAMP as the payer of last resort;
(5) Taxable or reportable income must be within two-hundred fifty percent of the most current federal poverty income eligibility guidelines for medicaid and children’s health insurance program.
B. Application process: All
completed applications must be returned, by United States mail, private
carrier, or in person, with original signatures. Where providing an original signature is
impossible or impractical, GCD staff may elect to accept an electronic or
digital signature or a legally acceptable alternative, such as those accepted
by the State of New Mexico and its agencies.
GCD will accept the following types of applications:
(1) Regular
applications containing all information needed for a decision on eligibility
and need for service.
(2) Emergency
applications may be submitted only by an independent living center or
department of health developmental disabilities support division. The emergency must be such that an individual
will likely be placed in an institutional setting within the next 30 days if
action is not taken immediately.
C. Application review: All applications will be reviewed and
evaluated by a review committee made up of GCD staff members, who will meet to
determine which of the completed applications will be pre-approved to contract
for good and services. The applications
will be rated based on the information the applicant provides.
D. Review committee: The RAMP review committee will meet and determine
which of the completed applications will be pre-approved to contract for goods
and services.
E. Appeal
process: If an applicant is denied
services from RAMP, a written request for reconsideration may be made to the
director of GCD and received within 30 calendar days from the date on the
denial letter.
F. Construction contractor:
(2) Responsibilities. The contractor is responsible for:
(a) Providing an itemized price quote to GCD staff within
10 calendar days from receipt of plans and scope of work;
(b) commencing
work on a project within 10 calendar days of receipt of notice to proceed letter;
(c) attending
RAMP project preliminary
construction meetings with the client or client's representative and GCD staff;
(d) providing
consultation to client or representative and subcontractors regarding RAMP modifications throughout the construction process;
(e) obtaining
all necessary permits as required by local and state laws;
(f) meeting
reasonable timelines for completion of RAMP projects;
(g) completing
all modifications within four weeks. A
waiver of the time period must be sought from GCD if extraordinary
circumstances prevent the contractor from meeting this requirement. Issues
surrounding extraordinary circumstances resolution may occur in person, via US
mail, fax or electronic mail;
(h) completing
all project work to GCD satisfaction;
(i) Participating
in project meetings which can occur in person or via electronic media with GCD staff;
and
(j) providing a minimum one-year
written warranty of the work completed, including materials and labor to GCD
and the client or the client's
representative.
G. Reimbursement procedures:
(1) All RAMP service providers must
maintain all records necessary to fully disclose the costs, service, quality
and quantity of materials necessary for RAMP
project. The records must be
sufficiently detailed to substantiate the date, project name, and nature of services.
(2) Two
business days prior to completion of work, contractor shall contact GCD
staff. Upon completion, contractor shall
submit written notice by electronic mail or fax stating project is complete and
ready for final inspection and approval.
(3) Upon
final approval contractor shall submit a completed GCD generated invoice with
the following information:
(a) Governor’s
commission on disability purchase order number
indicated;
(b) contractor’s
name and address;
(c) residential
accessibility modifications program project name and address;
(d) original
contract awarded amount;
(e) change
order information, if any were approved;
(f) contractor
to sign and date the invoice;
(g) must
provide an invoice number; and
(h) addressed to the main office of GCD.
(4) Contractor
must complete work to GCD satisfaction, withholding or denial of payment may
occur if (a) the client or the client's
representative files a written dispute to GCD regarding the quality of work
completed and (b) GCD agrees with the complaint.
H. Report to governor’s commission on disability commission: A project tracking spreadsheet will be
provided to the commission at each commission meeting. An annual summary report
will be provided to the commission at its annual meeting. The project tracking spreadsheet and annual
summary report will contain the following information, but not limited to:
(1) Type of modification;
(2) location where the home modification took place;
(3) project budget; and
(4) the project construction start date; and
(5)
the project completion date.
[9.4.20.22
NMAC; N, 12/27/2018]
9.4.20.23 [RESERVed]
HISTORY
OF 9.4.20 NMAC:
Pre-NMAC
History: The material in this part was
derived from that previously filed with the State Records Center:
GCCH
72-1, Plan of Operation, filed 7/27/1972.
GCCH-83-1,
Governor’s Commission On Disability Rules,
filed 1/5/1984.
GCCH-84-1,
Governor’s Commission On Disability Rules,
filed 11/9/1984.
History of Repealed Material:
9.4.20
NMAC - Governor’s Committee On Concerns Of The Handicapped
By-Laws, filed 11/9/1984 was repealed and replaced by 9.4.20 NMAC - Governor’s Commission On Disability Rules, effective
12/27/2018.