N.M. Admin. Code § 1.5.21.22 - WAIVERS
A.
Authorized
waivers: The PCD director may grant full or partial waivers, in writing,
of any section or provision of this rule, except as noted in 1 NMAC 5.21.22.3
[now Subsection C of
1.5.21.22 NMAC], when the agency
certifies, in writing, that an emergency condition exists. When an agency
certifies to an emergency condition, it must include a written description of
what the emergency is and why it is recommending a waiver. An emergency
condition is one that creates an immediate and serious need that cannot be met
through normal leasing methods and that would seriously threaten:
(1) the functioning of government;
(2) the preservation or protection of
property; or
(3) the health and
safety of any person.
B.
Short-term lease: When PCD
grants a waiver, PCD may require that the lease be a short-term lease, as
defined in 1 NMAC 5.21.7.14 [now Subsection Q of
1.5.21.7 NMAC]. An agency's
application for a waiver shall include written justification for the length of
the proposed lease.
C.
Waiver
conditions: The PCD has no authority to waive federal requirements under
the American with Disabilities Act.
Notes
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