N.M. Admin. Code § 1.12.1.9

Current through Register Vol. 35, No. 24, December 23, 2024

Section 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.

N.M. Admin. Code § 1.12.1.9

1.12.1.9 NMAC - Rp/E, 1 NMAC 12.1.9, 12/2/2005