TITLE 2 PUBLIC FINANCE
CHAPTER
40 EXPENDITURE OF PUBLIC FUNDS
PART 3 CIVIL LEGAL SERVICES FUND
2.40.3.1 ISSUING AGENCY:
Department of Finance and Administration, Local Government Division
[2.40.3.1 NMAC - N,
1/31/2002]
2.40.3.2 SCOPE: All
eligible nonprofit organizations within the state of New Mexico applying for
civil legal services funds.
[2.40.3.2 NMAC - N,
1/31/2002]
2.40.3.3 STATUTORY AUTHORITY: NMSA 1978, Section 34-14-1 (2001); NMSA
1978, Section 34-6-40; and NMSA 1978, Section 35-6-1.
[2.40.3.3 NMAC - N,
1/31/2002]
2.40.3.4 DURATION:
Permanent
[2.40.3.4 NMAC - N,
1/31/2002]
2.40.3.5 EFFECTIVE DATE:
January 31, 2002
[2.40.3.5 NMAC - N,
1/31/2002]
2.40.3.6 OBJECTIVE: The
objective is to establish procedures for the allocation and disbursement of
revenue from the civil legal services fund.
[2.40.3.6 NMAC - N,
1/31/2002]
2.40.3.7 DEFINITIONS:
A. “Act” means NMSA 1978, Section
34-14-1 (2001), entitled civil legal services commission.
B. “Civil legal services” means a full range of free legal
services provided by attorneys or attorney-supervised staff in noncriminal matters to low-income persons living in New
Mexico. The full range of services is
subject to interpretation by the commission.
C. “Civil legal services commission” means an appointed
five-member commission, all members who must have experience with civil legal
matters affecting low-income persons.
D. “Civil legal services fund” or “fund” means an account
created within the state treasury financed through designated court fees.
E. “Code” means the New Mexico Procurement Code, NMSA 1978, Sections 13-1-28 through 13-1-199.
F. “Commission” means the civil legal services commission.
G. “Contract” means the signed legal agreement between fund
recipients and the division outlining specific requirements for use of fund
monies.
H. “DFA” means the executive agency department of finance
and administration.
I. “Division” means local government division within the
department of finance and administration.
J. “Impoverished New Mexicans” means
low-income persons.
K. “Low income person(s)” means a person(s) living in New
Mexico lacking the financial ability to secure needed civil legal
services. The specific financial
criteria to define low-income persons shall be based on federal poverty
guidelines and determined by the commission at intervals not to exceed three
years.
L. “New Mexicans living in poverty” means
low-income persons.
M. “New Mexican” means a person living in New Mexico at the
time that person needs civil legal services.
N. “Person(s) living in poverty” means a low-income
person(s).
O. “Request for proposal (RFP)” means a solicitation for a
competitive proposal for services subject to the state Procurement Code.
[2.40.3.7 NMAC - N,
1/31/2002]
2.40.3.8 INTRODUCTION AND PURPOSE: The
2001 New Mexico Legislature enacted Laws of 2001, Chapter 277, now codified as
the act, creating the civil legal services fund and the civil legal services
commission. The fund has been established
in the state treasury and is to be used to pay for civil legal services to
low-income persons living in New Mexico.
The fund is appropriated to the department of finance and administration
local government division and the civil legal services commission. Disbursements from the fund shall be by
warrant drawn by the secretary of DFA.
The commission is required to establish and adopt rules and procedures
for the fund, solicit proposals for the provision of civil legal services, and
enter into contracts with eligible providers. The division, pursuant to the
rules of the commission, shall administer the contracts and programs of the
fund, and require an annual accounting from each recipient of disbursements
from the fund. All commission rules,
disbursements and expenditures involving the fund must be within the purview of
the state code.
[2.40.3.8 NMAC - N,
1/31/2002]
2.40.3.9 ELIGIBLE SERVICE PROVIDERS: To be eligible to contract for monies with
the commission service providers shall provide to the division documentation
that they:
A. are nonprofit organizations, tax exempt under the
Internal Revenue Code, Section 501(c) or its successor or organized and
operated exclusively for non-profit activities within the categories recognized
as such by the Internal Revenue Code, Section 501(c) or its successor; and
B. are registered with the state of New Mexico as a
non-profit organization and listed on the state’s web site; and
C. are organized and operated to provide free legal services
to low income persons residing in New Mexico and do not engage in any other
except related activity or are organized and operated as a separate department
within a larger organization that has as its purpose the provision of free
legal services to low income persons residing in New Mexico and that employs at
least one full-time attorney dedicated solely to providing these services; and
D. are willing and able to cooperate with state and local
bar associations, pro bono legal service programs, private attorneys, and
similar persons or entities to increase the availability of free legal services
to low income persons residing in New Mexico; or are willing and able to
increase and coordinate statewide access to civil legal services to low income
persons residing in New Mexico through innovative technology, subject to the
limitations on appropriations set forth in 2.40.3.10 NMAC.
[2.40.3.9 NMAC - N,
1/31/2002; A, 7/31/2007]
2.40.3.10 ELIGIBLE
SERVICES OR ACTIVITIES: All disbursements from the fund shall be used
for the sole purpose of providing civil legal services to low income persons in
accordance with the act, except to the extent that any statutory authorized fee
for administrative costs shall be paid to DFA.
No more than fifty percent of net appropriations (less the required
administrative fee to DFA for operation of the civil legal services commission)
shall be spent on activities solely directed to adapting innovative technology
to increase access to free legal services for low income persons residing in New
Mexico. Appropriations shall only be
disbursed to service providers who meet the eligibility requirements set forth
in 2.40.3.9 NMAC. Services provided to
eligible persons must be in accordance with the New Mexico supreme court access
to justice commission civil legal services plan and the critical legal needs of
low income persons residing in New Mexico identified in the April 2006 New
Mexico supreme court order, including, but not necessarily limited to, housing,
consumer, domestic violence, family law, employment, and government benefits
issues.
[2.40.3.10 NMAC - N,
1/31/2002; A, 7/31/2007]
2.40.3.11 INELIGIBLE SERVICES OR
ACTIVITIES: Money disbursed from the fund cannot be used
to:
A. bring suit against the state of New Mexico;
B. acquire land or buildings;
C. accumulate or transfer cash;
D. provide legal advice or representation on criminal
matters; or
E. support lobbying, as defined in the Lobbyist Regulation
Act, NMSA 1978, Sections 2-11-1 through 2-11-9.
[2.40.3.11 NMAC - N,
1/31/2002]
2.40.3.12 APPLICATION PROCEDURES: Under
direction from the commission and pursuant to the state Procurement Code, the
division will issue request for proposals (RFPs) for
the provision of civil legal services to low-income persons. The form and
content of the RFP(s) will be determined by the commission, with assistance
from the division. The evaluation
criteria used by the commission in determining RFP awards will be contained in
the RFP. Civil legal service providers
will be selected as fund recipients by the commission based on review and
rating of submissions by the division.
Service providers will be required to formalize the award through a
contract with the division, as required by state law.
[2.40.3.12 NMAC - N,
1/31/2002]
2.40.3.13 ADMINISTRATIVE PROCEDURES: All
funded service providers will be required to adhere to state procurement laws,
regulations and other procedures established by the division to ensure that all
funds are expended in accordance with state law. The division shall require an annual
accounting from each organization receiving funds. Funds will be distributed to
recipients as specified in the contract.
Fund disbursements must be included in the service provider’s budget
process and financial reports. Fund
expenditure documentation must be provided to the division as outlined in the
contract. The commission may request additional oral or written reports from
service providers as deemed necessary.
[2.40.3.13 NMAC - N,
1/31/2002]
2.40.3.14 LIMITATIONS OF FUND: All
disbursements from the fund are contingent upon sufficient revenue credited to
the fund. Unexpended or unencumbered
balances in the fund at the end of a fiscal year remain in the fund to carry
out provisions of the Act in the next fiscal year.
[2.40.3.14 NMAC - N,
1/31/2002]
2.40.3.15 SUPPLEMENTAL FUNDING:
Should additional fund monies become available,
the commission may call for and act on additional RFPs
from eligible service providers.
[2.40.3.15 NMAC - N,
1/31/2002]
2.40.3.16 SANCTIONS:
Sanctions may include any administrative action, including contract
termination, authorized by the commission against a fund recipient for
improper, inadequate performance or noncompliance with one or more condition(s)
of the contract. Examples of deficient
performance by a service provider include but are not limited to: failure to
correct monitoring or audit findings; failure to document and report to the
division all expenditures of fund monies; failure to implement legal services
in a timely manner; failure to execute activities in accordance with the
contract; and implementation of a program change without prior approval of the
commission.
[2.40.3.16 NMAC - N,
1/31/2002]
2.40.3.17 COMMISSION AUTHORITY: The
commission may at any time waive or adjust any state imposed regulation
relative to the fund rules and administration as long as the waiver or
adjustment does not penalize or favor any eligible service provider or violate
any state law or other regulation.
[2.40.3.17 NMAC - N,
1/31/2002]
2.40.3.18 PARTICIPATION IN COMMISSION
MEETINGS: A commissioner may participate in a meeting
of the commission by means of a conference telephone or other similar
communications equipment when it is otherwise difficult or impossible for the
commissioner to attend the meeting in person, and participation by such means
shall constitute presence in person at the meeting. When a commissioner participates in a meeting
by conference telephone or other similar communications equipment, (1) each
commissioner participating by telephone must be able to be identified when
speaking, (2) all participants must be able to hear each other at the same
time, and (3) members of the public attending the meeting must be able to hear
any commissioner who speaks during the meeting.
Arrangements to attend a meeting by telephone must be made sufficiently
in advance to allow LGD to secure the necessary
equipment to provide for a suitable telephonic connection.
[2.40.3.18 NMAC - N,
11/26/2003]
HISTORY OF 2.40.3
NMAC: [RESERVED]