N.M. Code R. § 4.51.57.14

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

Section 4.51.57.14 - PARTICIPANT RULES

Each participant shall accept and abide by these rules. Failure to abide by these rules shall result in discipline, up to and including suspension or termination from the program or ejection from the portal committee. Each participant accepts the division's absolute right to require a participant to leave the program area if the participant is not acting in a manner consistent with these rules.

A. Participants shall only sell products that are Native American handmade except as expressly provided otherwise by these rules. In addition, participants shall comply with the quality and authenticity standards in 4.51.57.16 NMAC, the IACSA, and the federal Indian Arts and Crafts Act of 1990 (P.L. 101-644).

B. A participant shall include the same maker's mark on all products offered for sale in the program by that participant. The maker's mark shall be approved and on file with the coordinator. The director or coordinator may issue a waiver from the requirement that all products include a maker's mark, giving exceptions to this rule, notably for some types of beadwork, extremely small pieces of metal jewelry, or pottery after consulting with the portal committee.

C. Each participant shall display his or her identity badge while selling in the program area or while engaged in other program activities. The first time a participant forgets the identity badge, the duty officer shall issue a warning and place it in the participant's file. The second time a participant forgets the identity badge is grounds for disciplinary action pursuant to 4.51.57.15 NMAC. Participants shall not use identity badges in a fraudulent or unauthorized manner. If a participant needs a new identity badge, the division shall charge a $5.00 replacement fee. Identity badges are the property of the division and shall be surrendered upon the division's request. Identity badges are not transferable.

D. No tables or elevated stands are permitted. A six inch height limit will be observed.

E. Participants shall not hang or place anything on walls or posts in the program area.

F. Participants shall keep their areas clean while vending and shall remove any trash in their area before they depart. Participants may not be absent from their space for more than one hour.

G. When vending in the program, participants may only use electronic devices, such as credit card machines, when such devices are required for a sale. Participants shall keep mobile electronic devices silent at all times and shall not talk on such devices. Participants shall leave the program area before using mobile devices.

H. Participants shall completely cover their products with a cloth when they leave their space, regardless of the participant's reason for leaving.

I. Participants shall be respectful of the public and not disrupt the program, pedestrians, participants, or division staff members.

J. Participants shall not possess, be influenced by, or use alcohol or illegal drugs in the program area.

K. Participants shall not possess weapons of any kind in the program area.

L. Participants may have an assistant who shall also be a participant and from the same household. The assistant shall sit with the participant within that participant's assigned space.

M. A participant shall not engage other participants who are not members of the participant's household to sell nor shall any participant solicit sales for another within the program area.

N. A participant shall only sell products demonstrated and approved as part of the participant's application process and products made by household members.

(1) Waivers: The director may allow a waiver of the requirement that all items sold by a participant be from the same household.

(2) Such waivers shall be written, issued for a limited, renewable time period, and granted only to those participants who for health reasons are no longer able to sell products in the program area and whose economic livelihood would otherwise be destroyed. In doing so, however, the director may stipulate such conditions or restrictions as are needed to ensure that the waiver is consistent with the intent of the program, preserving and exhibiting New Mexican Native American arts and crafts. The exceptions made in each case shall be considered unique to that case and not applicable to any other case.

O. Participants shall submit to the portal coordinator changes to their name, address, phone number or other contact information within three months of any change.

P. Due to safety concerns, minor children are not allowed to accompany participants while setting up, selling and packing in the program area vicinity, except during the children's art festival, when minor children age five to 17 may participate.

Q. Each participant is solely responsible for accepting payment.

(1) No participant shall accept any payment prior to delivery of the item. Cash-on- delivery (C.O.D.) orders are permitted.

(2) The portal committee and the division are not liable for participants' use of credit card machines or the outcome of transactions resulting from the use of credit card machines.

N.M. Code R. § 4.51.57.14

07/13/95; 4.51.57.14 NMAC - Rn, MNM: Rule 57, Section 6, 9/15/08, Adopted by New Mexico Register, Volume XXIX, Issue 24, December 27, 2018, eff. 12/27/2018