N.M. Code R. § 4.51.57.13

Current through Register Vol. 35, No. 11, June 11, 2024

Section 4.51.57.13 - DAILY OPERATION

Within the program area defined below, the division permits a program involving the daily sales of Native American handmade products by qualified participants, subject to the following conditions. All participants are subject to all rules and conditions starting at 7:00 a.m.

A. Program area. The participants shall conduct the program upon the brick surface area under the portal that extends four feet from the southern wall of the museum and in between the plane of the eastern wall and the plane of the western wall of the same.

(1) The program shall not use the area extending west seven feet across from the museum's main entrance.

(2) During times of repair to the portal area, peak sales, or other circumstances, the director or coordinator may designate supplemental or alternate selling locations within the perimeter of the museum.

B. Spaces. The program area shall be divided into a number of spaces, each six feet deep from the wall and three feet, six inches wide along the wall. One space shall be situated against the banco (bench) and curb on each side of the portal at the corner structures.

(1) Participants shall obtain their own spaces; that is, no one may obtain a space for another participant. This includes moving other participant's cloths, intimidating other members out of claiming a space, etc.

(2) The first space west of the building entrance is reserved for the designated duty officer.

(3) Household members shall share a space. A household shall only use one space.

(4) Two participants may voluntarily agree to share one space, provided that both are present at the start of the draw. Both participants will be set up by 10:00 a.m. The primary space holder must remain until 12:00 p.m. (excluding emergencies). Should the primary space holder return later than 11:00 a.m., the space becomes vacant.

(5) The following spaces cannot be shared: 64, 65, 70, and 71.

C. Hours and dates of operation: The program shall commence each day at 7: 00 a.m. according to the duty officer's timepiece and shall terminate upon departure of the last participant from the program area even on days without a drawing. Beginning at 7:00 a.m., participants may place their cloths along the curb opposite the space they want, and may claim that space at 8:00 a.m. if no drawing is held. Any participant arriving after 8:00 a.m. shall set up immediately.

(1) A participant shall not set up prior to 8:00 a.m., and shall be completely set up by 10:00 a.m. Adding additional items after 10:00 a.m. is prohibited.

(2) No participant shall sell in the program area during Spanish market, Indian market, and during days or time periods that the director determines that museum needs preclude sales in the program area for reasons including, but not limited to, program area renovations.

D. Duty officer. Duty officers shall monitor the program and be responsible for assigning spaces, conducting inspections, and fulfilling other duties described herein.

(1) Committee members' duty days shall be on which they are assigned according to the monthly duty officer schedule prepared by the portal committee secretary.

(2) The duty officer shall be present at the program area by no later than 7:45 a.m. and shall remain on duty until at least 3:00 p.m. If the duty officer must leave before 3:00 p.m., the duty officer shall make arrangements with another portal committee member or alternate to serve as the duty officer.

(3) A portal committee member shall make arrangements with another portal committee member when they are unable to serve as duty officer.

(a) If a scheduled duty officer fails to make arrangements for another portal committee member or alternate to serve in the duty officer's place, any active portal committee member may serve as duty officer for that day. If more than one active portal committee member wishes to serve as duty officer, the portal committee shall hold a drawing to determine which one shall serve as duty officer for the day.

(b) If no portal committee members are present, an alternate portal committee member may volunteer as the duty officer. If more than one alternate portal committee member wishes to serve as duty officer, a drawing shall be held to determine which one shall serve as duty officer for the day. If no portal committee members or alternates are available, a former portal committee member may serve as duty officer. An extra set of draw materials will be available.

(4) The duty officer shall conduct inspections of participants' products in accordance with these rules.

(a) The duty officer shall document any violations observed during an inspection on a monitoring form. The participant and duty officer shall sign the monitoring form. The duty officer's signature shall serve as verification that the information on the monitoring form accurately represents what the duty officer observed. The participant's signature does not serve as an admission to the alleged violation, but acknowledges that the duty officer discussed the alleged violation with the participant.

(b) The duty officer shall explain the alleged violation and discuss the violation with the participant in a private manner, away from other participants. The duty officer shall include another portal committee member as a witness to the discussion.

(5) A duty officer may sell products while on duty if possible while also successfully completing all the duty officer's responsibilities and may request assistance from other portal committee members to accomplish their required duties.

(6) A duty officer's household member may occupy the duty officer's designated space while the duty officer fulfills the duty officer's duties.

(7) The duty offer shall immediately notify the coordinator or division security if a participant or member of the public behaves in a disruptive or dangerous manner

E. Drawing. The duty officer shall hold a drawing when there are more participants than available spaces. On these occasions, the duty officer shall count participants who are present at 8:00 a.m. and put a chip for each participant into a drawing receptacle. This receptacle shall contain numbered chips that correspond with the available spaces, except for the duty officer's space, as well as blank chips. Each participant shall draw a chip, one participant at a time.

(1) If all participants have drawn chips and all the numbered chips have not been drawn, the portal committee shall assign the space to the next participant on the waiting list. This includes spaces that are immediately abandoned by choice.

(2) Participants arriving after the draw may not share spaces, but may have their names added to the waiting list in the order of their appearance to be eligible for assignment to vacated vending spaces.

(3) Attempting to create an unfair advantage during the drawing is grounds for discipline. An example may be deliberately drawing more than one chip or trading chips.

F. Waiting list. The duty officer shall keep a waiting list for vending spaces vacated during the day. Participants, including those who arrived after all of the spaces were vacated, participated in the draw or arrived at the portal after the draw for vending spaces, shall notify the duty officer if they would like their name added to the waiting list. The duty officer shall add participant names in the order of receipt.

G. Abandonment.

(1) Any participant who leaves the participant's space, including half spaces, for a period exceeding one hour has abandoned that space. The duty officer shall assign the first person on the waiting list the first vacated space. If the first person is not present when a space has been vacated, the duty officer shall assign the second participant on the waiting list the vacated space, and so on until the waiting list has been exhausted.

(2) When a participant abandons a space and leaves items behind, the duty officer may remove a participant's cloth and merchandise. The duty office shall turn over the cloth and merchandise to the coordinator. The division, the coordinator, and the portal committee do not assume any responsibility for merchandise left unattended.

H. Director oversight. Should the portal committee or duty officer fail to operate the program as described in this section, the director may take the measures necessary to ensure the program continues to operate that day.

N.M. Code R. § 4.51.57.13

7/13/95; 4.51.57.13 NMAC - Rn, MNM: Rule 57, Section 5, 9/15/08, Adopted by New Mexico Register, Volume XXIX, Issue 24, December 27, 2018, eff. 12/27/2018