New Mexico Administrative Code
Title 4 - CULTURAL RESOURCES
Chapter 51 - MUSEUM OF NEW MEXICO
Part 57 - GOVERNANCE OF THE PORTAL PROGRAM AT THE PALACE OF THE GOVERNORS STATE HISTORY MUSEUM
Section 4.51.57.7 - DEFINITIONS

A. "Add-on" means a new or additional product offered in the program.

B. "Applicant" means an individual who submits an application to be a participant pursuant to these rules.

C. "Application" means the form used by the division for applicants to apply to participate in the program.

D. "Board of regents" means the board of regents of the museum of New Mexico.

E. "Child" means a son or daughter.

F. "Coordinator" means the division employee assigned by the director to serve as the liaison between the participants and the director.

G. "Demonstration" means the process by which applicants and participants demonstrate the ability to make the product(s) that applicants wish to sell in the program.

H. "Demonstration report" means the form described in 4.51.57.10 NMAC.

I. "Director" means the director of the division or the director's designee.

J. "Dishonest" means obtaining an unfair advantage during the election of portal committee members and officers or during the drawing, and includes, but is not limited to, taking two or more chips at the same time away from the drawing receptacle, getting in line for the morning draw after the duty officer has closed the line, drawing a numbered chip and giving the chip to another participant or member from a different household, or having more than one person from the same household in line for the morning draw or claiming more than one space per household on any given day.

K. "Division" means the palace of the governors state history museum division.

L. "Duty officer" means a portal committee member assigned by the portal committee to monitor the program area on a particular day.

M. "Findings" shall have the meaning given in Section 30-33-4 of the IACSA.

N. "Good standing" means a participant who sells in the program area at least once a year and is not on suspension or termination from the program.

O. "Household member" means a participant who resides in the same residence as another participant and who is related by blood, marriage, or adoption to the other participant and includes a(n) spouse, parent, legal guardian, grandparent, son or daughter, grandchild, sibling, cousin, aunt, uncle, niece, nephew, and in-law.

P. "Identity badge" means the museum issued identification card for program participants.

Q. "Indian market" means the event held annually by the southwest association of Indian arts during the third weekend in August.

R. "Inspection" means the examination by one or more portal committee members of products displayed by a participant for sale to ensure compliance with these rules.

S. "IACSA" means the Indian Arts and Crafts Sales Act, Sections 30-33-1 through 30-33-11 NMSA 1978.

T. "Maker's Mark" means a symbol that applicants or participants use to identify their products.

U. "Minor children" means a person under the age of 18.

V. "Monitoring form" means a written report completed by a portal committee member that documents violation(s) of these rules by a participant.

W. "Museum" means the palace of the governors state history museum.

X. "Native American" means any person who is an enrolled member of a Native American tribe as evidenced by a tribal enrollment card or certified tribal records, or any person who can meet the minimum qualifications for services offered by the United States government to Native Americans because of their special status as Native Americans as evidenced by a certificate of degree of Native American blood card.

Y. "Native American handmade" means any product in which the entire shaping and forming of the product from raw materials and its finishing and decoration were accomplished by Native American hand labor and manually controlled methods that permit the maker to control and vary the construction, shape, design or finish of each part of each individual product, but does not exclude the use of findings, hand tools and equipment for buffing, polishing, grinding, drilling, sawing or sewing and other processes approved by regulations adopted under the IACSA.

Z. "Native American tribe" means any tribe, band, nation, Alaska native village or other organized group or community that is eligible for the special programs and services provided by the United States government to Native Americans because of their status as Native Americans, or any tribe that has been formally recognized as a Native American tribe by a state legislature.

AA. "Parent" means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the participant when the participant was a son or daughter.

BB. "Participant" means an individual that has successfully completed the application process and has been accepted as an artist in the program.

CC. "Participant file" means the official program file which is a collection of papers, materials and documents relating to the individual program participant, and shall include, at a minimum, current address and contact information, proof that a participant is eligible and qualified to be a participant, e.g., application, documentation of demonstration, proof of tribal enrollment, clear description and picture of mark, a signed statement of responsibility, release, and agreement to participate in the portal program, and any disciplinary actions. A participant may review their file by making an appointment with the portal coordinator or director.

DD. "Portal committee" means the group of participants that monitors, in conjunction with the director coordinator, the daily operation of the program and the applicants' and participants' compliance with these rules.

EE. "Product" means Native American arts and crafts and traditional food stuffs offered for sale in the program that meet the requirements of these rules.

FF. "Program" means all activities that comprise the selection of participants and selling of products under these rules.

GG. "Program area" means the area described in 4.51.57.13 NMAC.

HH. "Reprimand" means the written notice or admonition to a participant of misconduct and the potential consequences of further misconduct.

II. "Son or daughter" means a biological, adopted or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis.

JJ. "Space" means a designated area within the program area which is assigned, pursuant to this rule, to a participant to sell participant(s)'s product(s).

KK. "Spanish market" means the event held annually by the Spanish colonial art society during the third weekend of July.

LL. "Spouse" means a husband or wife. For purposes of this definition, husband or wife refers to the other person with whom an individual entered into marriage as defined or recognized under state law for purposes of marriage in the state in which the marriage was entered into or, in the case of a marriage entered into outside of any state, if the marriage is valid in the place where entered into and could have been entered into in at least one State. This definition includes an individual in a same-sex or common law marriage that either was entered into in a State that recognizes such marriages or if entered into outside of any state, is valid in the place where entered into and could have been entered into in at least one state.

MM. "Statement of responsibility, release, and agreement to participate in the portal program" is a statement signed by a participant acknowledging that in exchange for being allowed to participate in the portal program, the participant agrees to abide by applicable department policies and rules.

NN. "Suspension" means temporarily revoking of a portal participant's privilege to sell participant's products for a defined period of time, no less than one day and no more than twelve months.

OO. "Termination" means permanently revoking a participant's privilege to sell products in the program.

PP. "These rules" means 4.51.57 NMAC, Governance of the Portal Program at the Palace of the Governors State History Museum.