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.