TITLE 18 TRANSPORTATION
AND HIGHWAYS
CHAPTER 27 HIGHWAY
CONSTRUCTION GENERAL PROVISIONS
PART 6 TRANSPORTATION
PROJECT FUND
18.27.6.1 ISSUING
AGENCY: New Mexico department of transportation, Post
Office Box 1149, Santa Fe, New Mexico 87504-1149.
[18.27.6.1
NMAC - N, 4/20/2021]
18.27.6.2 SCOPE: This rule covers the application, evaluation,
award and close out process for the transportation project fund (the fund) and
all eligible entities in the state of New Mexico applying for and receiving grant
money from the fund.
[18.27.6.2
NMAC - N, 4/20/2021]
18.27.6.3 STATUTORY
AUTHORITY:
Sections 67-3-11, 67-3-28 and 67-3-78
NMSA 1978.
[18.27.6.3
NMAC - N, 4/20/2021]
18.27.6.4 DURATION: Permanent.
[18.27.6.4
NMAC - N, 4/20/2021]
18.27.6.5 EFFECTIVE
DATE: April
20, 2021 unless a later date is cited at the end of a section.
[18.27.6.5
NMAC - N, 4/20/2021]
18.27.6.6 OBJECTIVE:
A. In 2019, the New Mexico legislature
enacted Laws of 2019, Chapter 205, Section 1, which created the local
government transportation project fund and was compiled as Section 67-3-78 NMSA
1978. In 2020, the New Mexico
legislature enacted Laws of 2020, Chapter 31, Section 1, which made certain
amendments to the local government transportation project fund enabling statute
including changing the title of the fund to simply “transportation project
fund.” Money in the transportation
project fund is appropriated to the New Mexico department of transportation to
administer the fund and to make grants to eligible entities for transportation
projects.
B. The purpose of this rule is to
describe the application, evaluation, award, and close out processes to be
administered by the department for money appropriated to the fund by the New
Mexico legislature for the development of transportation infrastructure.
[18.27.6.6
NMAC - N, 4/20/2021]
18.27.6.7 DEFINITIONS: As used in this rule:
A. “Annual
appropriation” means the annual amount of state funds appropriated to the
fund by the legislature.
B. “Beautification project” means a
landscape project that is intended to enhance the attractiveness of a public
right-of-way or a transportation facility.
C. “Commission” means the state transportation
commission.
D. Definitions beginning with “D”:
(1) “Department”
means the New Mexico department of transportation.
(2) “DFA” means the department of finance
and administration of the state of New Mexico.
(3) “Directive”
is a written communication that prescribes or establishes policy, organization,
methods, procedures, requirements, guidelines, or delegations of authority. It
also provides information essential to the administration or operation of the
fund.
(4) “District” means one of the
six New Mexico department of transportation districts.
(5) “District
engineer” means the department of transportation district engineer as
designated pursuant to Subsection C of Section 67-3-8 NMSA 1978.
E. “Eligible entity”
means those entities eligible under the provisions of the transportation project
fund to receive grants for transportation projects.
F. Definitions beginning with “F”:
(1) "Fiscal year" means 12 calendar
months commencing on July first and ending on June 30 of the year being
described.
(2) “Fund”
has the same meaning as defined in Section 67-3-78 NMSA 1978 (2019).
G. Definitions
beginning with “G”:
(1) “Grant” means the award
of funds from the fund to a grantee for a transportation project.
(2) “Grantee”
means an eligible entity receiving a grant.
(3) “Grant
agreement” means a written document memorializing the terms and conditions
of a grant award granted pursuant to the grant program.
(4) “Grant
award” means the funds awarded to a grantee from the fund pursuant to a
grant.
(5) "Grant
program" means the grant program established by the department to make
grants to eligible entities for transportation projects.
H. Definitions beginning with “H”: [RESERVED]
I. Definitions beginning with “I”: [RESERVED]
J. Definitions beginning with “J”: [RESERVED]
K. Definitions beginning with “K”: [RESERVED]
L. Definitions beginning with “L”:
(1) “Landscape” or “landscaping” means any
vegetation, mulches, irrigation systems, and other landscape components, such
as street furniture, specialty paving, tree gates, walls, planters, fountains,
fences, and lighting (excluding public utility street and area lighting).
(2) “Landscape
project” means any planned or actual landscape or landscaping on a public
right-of-way, including its construction or installation, planning,
beautification, and maintenance thereof, by a municipality, county, tribe, or an
abutting private property owner or other non-governmental entity.
(3) "Letter
of approval" means a document issued by a district engineer that
authorizes an eligible entity to proceed with a project that is located in full
or in part within a department right-of-way or NHS route, or when the project
ties into or crosses a department right-of-way or an NHS route, or when the
project may have an effect on existing improvements within department rights-of-way. A project agreement is not required for a project
that receives a letter of approval.
(4) "Letter
of authorization" means a document issued by a district engineer that
authorizes an eligible entity to proceed with seeking funding for a project
that is located in full or in part within a department right-of-way or NHS
route, or when the project ties into or crosses a department right-of-way or an
NHS route, or when the project may have an effect on existing improvements
within department rights-of-way. A
letter of authorization is a conditional approval of a project. Final approval shall be given by a project
agreement.
(5) “Local
funds” means revenue received from any locally imposed gross receipts tax,
property tax, municipal gasoline tax, franchise fee, user fees or any other
locally imposed fees or taxes, and enterprise activities, which can be lawfully
used for transportation projects, but excluding state grants and loans and
federal grants.
M. Definitions beginning
with “M”:
(1) “Maintenance”
is defined as the planned strategy of extending the service life of an existing
roadway system, including its structures and appurtenances, by applying
cost-effective treatments or procedures that preserves the system, retards
future deterioration, and maintains or improves the functional condition of the
system without significantly increasing the structural capacity. Examples of pavement related maintenance
activities include asphalt crack sealing, chip sealing, slurry or
micro-surfacing, thin and ultra-thin hot-mix asphalt overlay, concrete joint
sealing, diamond grinding, dowel-bar retrofit, and isolated, partial or
full-depth concrete repairs to restore functionality of the slab; e.g.; edge
spalls, or corner breaks. Examples of
maintenance activities for bridge structures include deck joint repair and
replacement; bearing repair and replacement; localized deck repairs; deck
sealing; grid deck section repair or localized section replacement; concrete
repair on pedestals, bents, caps, piling, piers, and columns; and bridge deck
drainage.
(2) "Metropolitan
transportation plan" means the official multimodal transportation plan
addressing no less than a 2-year planning horizon that a MPO develops, adopts,
and updates through the metropolitan transportation planning process.
(3) “MPO”
means metropolitan planning organization.
N. Definitions beginning with “N”:
(1) "National
highway system" or “NHS" means that system of highways designated
and approved in accordance with the provisions of 23 U.S.C. 103(b).
(2) “Non-state
money” has the same meaning as defined in Section 67-3-78 NMSA 1978.
O. Definitions beginning with “O”: [RESERVED]
P. Definitions beginning with “P”:
(1) “Program
guidelines” means guidelines for the operation of the grant program established
and revised by the department from time to time.
(2) "Project
agreement" means a written document between an eligible entity and the
department that memorializes the roles and responsibilities of the parties with
respect to a project that receives a letter of authorization. The project agreement will include, but is
not limited to, the roles and responsibilities with respect to design standards
and exceptions, compliance with state, local and federal regulations, survey
and right of way acquisition requirements, and construction phase duties and
obligations. A project agreement is
required in addition to a grant agreement.
(3) “Public
authority” is defined as a Federal, State, county, municipality, village,
town, tribe, or other local government
or instrumentality with authority to finance, build, operate, or maintain a
public roadway.
(4) “Public
highway" means every public street, road, highway or thoroughfare of
any kind in this state used by the public whether actually dedicated to the
public and accepted by proper authority or otherwise.
(5) “Public
right-of-way” means a strip of property, owned by a public authority,
within which a public roadway exists or is planned to be built. The public right-of-way consists of all lands
within the defined highway right-of-way limits, including airspace above and
below the facility. This area typically
includes, but is not limited to, the roadway(s), shoulders, and sidewalk(s), if
any; areas for drainage, utilities, landscaping, berms, and fencing; rest
areas; and the defined clear zone.
(6) “Public
roadway” means any road or street owned and maintained by a public authority
and open to public travel.
Q. Definitions beginning with “Q”: [RESERVED]
R. Definitions beginning with “R”:
(1) “Regional
transportation plan" means the multimodal transportation plan for the
non-metropolitan area covered by the RTPO, developed, adopted and updated
through the RTPO planning process.
(2) “Roadway”
means that portion of a public roadway intended for vehicular use.
(3) “RTPO”
means regional transportation planning organization.
S. Definitions beginning with “S”:
(1) “Secretary”
means the cabinet secretary of the New Mexico department of transportation or
designee.
(2) "State
highway" means every public highway which has been designated as a
state highway either by the legislature or by the state transportation commission.
T. Definitions beginning with “T”:
(1) “Transportation facility” means any
road, bridge, tunnel, overpass, ferry, airport, mass transit facility, vehicle
parking facility, port facility, sidewalk, bicycle facility or similar facility
used for the transportation of persons or goods, together with any buildings,
structures, parking areas, appurtenances, and other property needed to operate
such facility.
(2) “Transportation infrastructure” has the
same meaning as defined in Section 67-3-78 NMSA 1978.
(3) “Transportation project” has the same
meaning as defined in Section 67-3-78 NMSA 1978.
(4) “Transportation
improvement program” (TIP) means a prioritized listing/program of
transportation projects covering a period of four years that is developed and
formally adopted by a MPO as part of the metropolitan transportation planning
process, consistent with the metropolitan transportation plan, and required for
projects to be eligible for funding under title 23 U.S.C. and title 49 U.S.C.
chapter 53.
(5) “Tribal/local
public agency handbook” means the most recent edition of the guidance
developed by the department to assist tribal and local public agencies in
successfully navigating the planning, design, and implementation of federally-funded
transportation projects.
U. Definitions beginning with “U”: [RESERVED]
V. Definitions beginning with “V”: [RESERVED]
W. Definitions beginning with “W”: [RESERVED]
X. Definitions beginning with “X”: [RESERVED]
Y. Definitions beginning with “Y”: [RESERVED]
Z. Definitions beginning with “Z”: [RESERVED]
[18.27.6.7
NMAC - N, 4/20/2021]
18.27.6.8 GENERAL
GUIDELINES:
A. The department
may make grants to eligible entities for transportation projects as funds are appropriated
in a manner deemed necessary to effectuate the purposes of the fund.
B. Eligible
projects include environmental and other studies, planning, design,
construction and acquisition of rights of way necessary for the development of
transportation infrastructure, and includes highways, streets, roadways,
bridges, crossing structures, parking facilities, including all areas for
vehicular, transit, bicycle or pedestrian use for travel, ingress, egress and
parking. An eligible entity may seek
funding for any discrete phase of a transportation project. A project included in a transportation
improvement program is an eligible project provided the project is not funded
with federal funds and the project does not qualify as a beautification project.
C. The department
will award up to ninety-five percent of the total cost of a transportation
project provided that the eligible entity has demonstrated an ability to
provide the remainder of the project costs in local funds. The eligible entity is responsible for any
and all expenditures in excess of the grant award.
D. The department
will award up to one hundred percent of the total cost of a transportation
project if a financial hardship qualification certificate is issued by DFA, or
if the department makes such a determination in the event a tribe requests a
waiver. The eligible entity is
responsible for any and all expenditures in excess of the grant award.
E. Costs associated
with preparing, reviewing, and submitting an application and any required
supporting documentation prepared by the eligible entity, and any costs of a
consultant’s services incurred in preparing an application, are not eligible
for grant funding participation.
F. The department
will not perform any in depth analysis or review of project scope, cost
estimates, functionality, project phasing and scheduling or overall
constructability. The department may
conduct an in-depth analysis after the completion of a project when evaluating
the eligible entity’s ability to properly administer, implement and complete a
project.
G. Applicants must
have the ability to successfully deliver their project.
H. All grant awarded funds
must be spent no later than 30 months from the effective date of the grant agreement.
I. All grants are
subject to department audit.
J. Grants awarded to
an eligible entity will be provided for a specific project. Unexpended funds cannot be used for any other
purpose or project. A grant award can be
used for any project included in the state transportation improvement program
provided the project will not be receiving any federal funding and is not a transportation
beautification project. Unexpended grant
awards will be returned to the department after project completion.
[18.27.6.8
NMAC - N, 4/20/2021]
18.27.6.9 CALL
FOR PROJECTS:
A. The
department will invite eligible entities to submit applications for grants from
the fund for transportation projects by a call for projects letter using a
two-phase application process. The first
phase will consist of a request to submit a project feasibility form. Submittal of the project feasibility form is
mandatory in order to be eligible to submit a full application in the second
phase. If a project is determined to be
feasible, phase two will consist of a request for the eligible entity to submit
a completed project application. Any
specific criteria applicable to the funding cycle will be specified in the call
for projects. Applications for program funds shall conform
to the application instructions described in the call for projects or the phase
two request. Any procedures,
requirements, conditions, restrictions, and limitations applicable to the
funding cycle other than those contained in this rule will be
specified in the call for projects or the phase two application request.
B. The
completed phase one feasibility form must be submitted to the appropriate MPO or RTPO based on a project’s physical
location on or before the date specified in the call for projects. Failure to timely submit the required project
feasibility form as required in the call for
projects will result in the eligible entity being ineligible for funding in the
funding cycle.
C. The completed
project application must be submitted to the same MPO or RTPO where the project
feasibility form was submitted unless otherwise instructed in writing by the
department. Failure to timely submit the
phase two project
application will result in the eligible entity
being ineligible for funding in the funding cycle.
D. An incomplete project
feasibility form or project application will be rejected and will not be
considered for funding in the funding cycle unless amended or corrected on or before the date specified in the call for projects.
[18.27.6.9
NMAC - N, 4/20/2021]
18.27.6.10 FINANCIAL
HARDSHIP:
A. Eligible entities
may request a waiver of their share in whole or in part due to financial
hardship. Waiver requests with
supporting documentation shall be submitted to the department’s division or
bureau designated in the call for projects.
B. If
the eligible entity’s application is accepted, the eligible entity shall submit
a resolution or certification indicating that it cannot match all or a portion
of its share. The resolution or
certification shall be signed by the appropriate eligible entity official(s).
C. The
department will request from the DFA’s local government division a financial
analysis and recommendation on a financial hardship request submitted by a
county or municipality. The department
will conduct the financial analysis if a waiver request is made by a
tribe. The eligible entity shall cooperate
with any request to provide necessary financial documents or other information
requested by DFA or the department in conjunction with a financial analysis. Failure to do so will result in a denial of
the waiver request.
D. If
a wavier is granted, the eligible entity must request an amendment to its grant
agreement.
[18.27.6.10
NMAC - N, 4/20/2021]
18.27.6.11 APPLICATION
PROCEDURES, REVIEW AND EVALUATION PROCESS:
A. Any eligible
entity interested in applying for a grant award must submit a completed project
feasibility form to their MPO or RTPO. A
complete project feasibility form must be submitted to the appropriate MPO or
RTPO before the deadline specified in the call for projects.
B. If a project is
determined to be feasible, the eligible entity will be requested to submit a
project application.
C. Timely application
packages will be reviewed and ranked by the MPO/RTPO
using the criteria specified in the call for projects.
D. Each MPO/RTPO
will submit its ranked list of projects to the district engineer for the
district where the project is located no later than 30 days prior to the start
of the fiscal year in which funding is available.
E. Each individual district
engineer will present their recommendation to the secretary prior to start of
the fiscal year in which funding is available.
F. The
secretary shall by August first of the fiscal year in which funds
are available submit a proposed list of transportation projects identified by
the above described project review process to
the commission.
G. Final
project selection and funding amounts will be determined by the commission no
later than September
first of that same fiscal
year. The commission's decision will be final. At its discretion, the commission may
adjust the projects selected in an effort to program funds in a geographically
equitable manner or in any other manner.
The commission may, in its sole discretion, reject all applications or
award grants totaling less than the funds appropriated for the particular
fiscal year. The commission may approve
subsequent changes to a priority list as it deems necessary.
H. After projects
are selected, the department will send out award letters and grant agreements
to the selected eligible entities.
Applicants whose projects were not selected will be notified as
well. Each awarded eligible entity must
execute a grant agreement with the department.
Once a fully executed grant agreement has been received by the
department, the eligible entity may then proceed with authorized project
activities. If the eligible entity fails
to execute and return the grant agreement within 60 days of receiving the
notice of award, the project shall be considered lapsed and may be submitted to
the commission for re-programming.
I. The department
shall disburse the grant to the eligible entity after receipt of a request for
disbursement submitted by the eligible entity to the department and receipt of
a fully executed project agreement. The
format of the request for disbursement will be determined by the department.
J. Any moneys
appropriated to a specific eligible entity by the legislature shall be
disbursed to the eligible entity after receipt of a request for disbursement
submitted by the eligible entity to the department and the receipt of a fully
executed project agreement.
[18.27.6.11
NMAC - N, 4/20/2021]
18.27.6.12 APPLICATION
REQUIREMENTS: Applicants must submit the following
documents (as a single PDF) as part of the application process:
A. Completed application:
The format and content of the
application will be determined by the department.
B. Resolution of sponsorship
from their governing body, indicating the availability of the proposed match. Subject to any local restrictions, the
resolution may provide that the applicant's chief executive or other
appropriate officer is authorized to sign the grant agreements and all
associated documents and amendments on behalf of the eligible entity as required
for receipt of the grant. Alternatively,
the applicant may submit an official letter signed by the applicant’s chief
executive or official with budget authority, indicating the availability of the
match.
C. Detailed map of
project location.
D. If applicable, letters
of support from the governmental entity that owns in fee simple or possesses a
perpetual easement for the project right-of-way (ROW) if the applying applicant
does not own in fee simple or possess a perpetual easement for all of the project
ROW.
E. If applicable, a
letter of approval or authorization from the district engineer.
[18.27.6.12
NMAC - N, 4/20/2021]
18.27.6.13 EVALUATION
PROCESS: Each MPO/RTPO will be evaluating and ranking
projects based on the specific merits of the individual projects using the evaluation
criteria specified in the call for
projects.
[18.27.6.13
NMAC - N, 4/20/2021]
18.27.6.14 AGREEMENT
CONDITIONS, REQUIREMENTS AND PROCEDURES:
A. The eligible
entity must expend and account for grant funds in accordance with state laws
and procedures for expending and accounting for its own funds.
B. If an eligible
entity commences performance on a transportation infrastructure project but
fails to complete the project, the department may seek reimbursement of the
grant award received by the eligible entity for that project.
C. The department
shall have the right to evaluate the activities of eligible entity as necessary
to ensure grant awards are used for authorized purposes in compliance with applicable
laws, regulations and the provisions of the grant agreement.
[18.27.6.14
NMAC - N, 4/20/2021]
18.27.6.15 DESIGN/BIDDING/CONSTRUCTION:
A. A transportation
project that is located in full or in part within a department right-of-way or
NHS route eligible entity must be administered
in accordance with the “Tribal/Local Public Agency Handbook”.
B. A transportation
project that ties into or crosses a department right-of-way or an NHS route, or
when the project may have an effect on existing improvements within department
rights-of-way, requires the approval of the department as evidenced by either
a letter of approval or letter of authorization from the district engineer for
the district where the project is located.
The eligible entity shall contact the appropriate district engineer to
determine if either is needed for the project.
The district engineer will conduct a review of the project and determine
whether the project requires a letter of approval or a letter of authorization from
the department. If the district engineer
determines the project does not require a letter of authorization, the district
engineer, or designee, will submit a letter of approval to the eligible entity. If the district engineer determines the
project requires a letter of authorization, the eligible entity must enter into
a project agreement with the department before any grant funding will be
distributed. The eligible entity shall
cause the project to be constructed in compliance with any and all department
designated standards, conditions and criteria as specified in the project
agreement.
C. For
transportation projects funded entirely by the fund, or in combination with
local funds, and no Federal-aid funds are involved, the following apply:
(1) It
will be the eligible entity’s responsibility to ensure compliance with any and
all state, local and federal regulations including the Americans with
Disabilities Act (ADA) and laws regarding noise ordinances, air quality,
surface water quality, ground water quality, threatened and endangered species,
hazardous materials, historic and cultural properties, and cultural
resources. The department will not be
involved in permit preparation, review, or coordination with the regulatory
agencies. However, the eligible entity
shall provide to the district where the project is located a copy of any permit
identified by the department in the project feasibility form.
(2) Projects on
locally owned roadways are to be designed in accordance with the eligible
entity’s established design standards.
The eligible entity is responsible for ensuring that the plans,
specifications and estimates meet applicable design criteria and
standards. The department will not
perform any detailed technical reviews of project design and related documents.
D. In accordance
with Section 67-3-62 NMSA 1978, any transportation projects for constructing
highways along new alignments or for purposes of substantially widening
highways along the existing alignments must consider provisions for pedestrian,
bicycle, and equestrian facilities concurrent with the design of the project.
E. Pursuant to Section
61-23-26 NMSA 1978, all transportation projects involving engineering requires
the engineering to be under the responsible charge of a licensed professional
engineer.
F. The eligible
entity will be responsible for advertising the project for construction bids
and for receiving and publicly opening bids received for the project. The department will have no involvement in
the bidding process.
G. The eligible
entity shall follow its normal procedures for award of the contract and assure
that all applicable requirements are followed.
The eligible entity shall retain the executed contract, document the
award date, and the preconstruction conference minutes as part of the project
files. The department will have no
involvement in the award of the contract and will not participate in resolving any
disputes between the eligible entity and its bidders.
H. The eligible
entity will have the responsibility and control of the construction phase and
resulting quality of the completed work.
The department will have no involvement in the construction phase other
than its discretionary ability to periodically monitor the implementation of
the project, and will not participate in resolving any disputes between the eligible
entity and its contractor.
I. Department
personnel will not conduct periodic assurance inspections or comparison
material testing. The department, at its
discretion, may perform a final inspection upon project completion.
[18.27.6.15
NMAC - N, 4/20/2021]
18.27.6.16 PROJECT
EVALUATION:
A. The
eligible entity's performance and administration of the grant funding will be reviewed
and evaluated by the department at the completion of the project or, if the eligible
entity fails to complete the project, following the close of the fiscal year in
which the project was to be completed. If an eligible entity demonstrates, pursuant
to the criteria set forth in subsection B below, an inability to properly
administer a project a reduction of twenty five percent will be applied to the
scoring criteria applicable to the eligible entity’s next project application.
B. The
following criteria shall be used in determining the ability of an eligible
entity to properly administer a project:
(1) whether
the eligible entity demonstrated a pattern of unsatisfactory project
implementation and completion;
(2) whether
the eligible entity has failed to keep all required books, make all requested reports,
and conform to all rules and regulations adopted by DFA’s local government division,
financial management bureau applicable to the grant;
(3) whether
the eligible entity fails the complete the project within the allotted time; or
(4) whether
the department obtains documentation through an audit or audits that finds the eligible
entity has not performed in accordance with the terms of the grant agreement,
the standards set forth in the grant agreement, in accordance with generally
accepted governmental accounting principles, or failed to comply with any and
all state, local and federal regulations including the Americans with
Disabilities Act (ADA) and laws regarding noise ordinances, air quality, surface
water quality, ground water quality, threatened and endangered species,
hazardous materials, historic and cultural properties, and cultural resources.
C. In
the event the department has conducted an evaluation pursuant to this section
and has issued a preliminary determination that the eligible entity has
demonstrated an inability to property administer a project, the department
shall provide written notice of the determination to the eligible entity with
an opportunity to provide additional information within 30 calendar days,
unless the parties to some other timeframe, to address, mitigate or refute the
conclusions of the department.
(1) If
the eligible entity does not produce any additional information with the
designated timeframe, the preliminary determination of the department shall
become final.
(2) If
the eligible entity produces information with the designated timeframe, after
considering the additional information the department will promptly issue a
final a final determination.
[18.27.6.16
NMAC - N, 4/20/2021]
18.27.6.17 PROJECT
DOCUMENTATION: The eligible entity shall maintain a complete
set of project files for a period of not less than five years following the
completion of the project. The project
files shall contain all documents that are specified as required by the grant
agreement.
[18.27.6.17
NMAC - N, 4/20/2021]
18.27.6.18 Project MONITORING AND CLOSE OUT:
A. The
department reserves the right to request the eligible entity to submit progress
reports at any time. Reports are due
within 30 days of such a request.
B. Within
60 days after the date of completion of the project, the eligible entity must
submit a written certification that it has complied with the requirements of
this rule and the grant agreement.
C. The
department reserves the right to request the eligible entity to submit
additional documentation to demonstrate completion of the terms and conditions
required by the grant program. It is the
responsibility of the eligible entity to comply in full with all such requests
and to submit the requested documentation in a timely manner.
D. Financial
audits of the project may be required.
Financial audits do not limit the authority of the department to conduct
or arrange for additional audits, reviews, and evaluations. The eligible entity must make records
available for review or audit upon request by the department. The department is entitled to recover amounts
based on the results of an audit.
[18.27.6.18
NMAC - N, 4/20/2021]
HISTORY OF 18.27.6 NMAC: