New Mexico Register / Volume XXXVII,
Issue 10 / May 19, 2026
NOTICE OF PROPOSED
RULEMAKING
REPEAL AND
REPLACEMENT OF 1.12.5 AND 1.12.9 NMAC
Pursuant
to Subsection (J) of Sections 9-27-6 and 14-4-5.2 NMSA 1978, the New Mexico
Department of Information Technology (DoIT) hereby gives notice of repeal and
replacement of 1.12.5 NMAC, Oversight of Information Technology Projects, and
1.12.9 NMAC, Project Certification of Technology Projects.
The
repeal and replacement update the rules governing information technology
oversight and certification to reflect current practices and statutory
authority. The changes revise the title of Part 5 to Oversight of Information
Technology Projects and Part 9 to Certification of Information Technology
Projects. They remove references to the no longer existing Information
Technology Commission and align responsibilities with the Department of
Information Technology. Statutory authority is updated to refer to the New
Mexico Department of Information Technology Act, ensuring consistency with the
Department’s role since its creation in 2007.
In
addition, the repeal and replacement eliminate outdated or unused definitions
and introduce new definitions that clarify project management roles, remove
independent verification and validation requirements and the project
certification committee, and update certification processes. Provisions are
revised to modernize the oversight and certification procedures for executive
agency information technology projects, including requirements for project
plans, risk assessments, and phased funding tied to certification milestones.
These rules were originally enacted in 2005—two years prior to the
establishment of the Department of Information Technology—and have not been
updated since.
Pursuant
to Paragraph (11) of Subsection (C) of Section 9-27-6 NMSA 1978, the Department
of Information Technology Cabinet Secretary “shall . . . promulgate rules to
ensure that information technology projects satisfy criteria established by the
secretary and are phased in with funding released in phases contingent upon
successful completion of the prior phase[.]” Further, Paragraph (5) of
Subsection (J) of Section 9-27-6 NMSA 1978 authorizes “the secretary [to] make
and adopt such reasonable procedural rules as may be necessary to carry out the
duties . . . of the department . . . including . . . requirements for agency
information technology projects and related plan, analysis, oversight,
assessment and specifications.”
An
electronic copy of this Notice and the full text of the proposed new rules
1.12.5 and 1.12.9 NMAC are available on DoIT’s
website at https://www.doit.nm.gov/Rulemaking/ and on the New Mexico Sunshine
Portal at https://statenm.my.salesforce-sites.com/public/SSP_RuleHearingSearchPublic.
Hard
copies of this Notice and the full text of the proposed new rules 1.12.5 and 1.12.9
NMAC are available at 715 Alta Vista, Santa Fe, NM 87505.
Written
comments may be submitted via email to david.pardo@doit.nm.gov and via regular
mail to New Mexico Department of Information Technology, Attn: Office of
General Counsel, P.O. Box 22550, Santa Fe, NM 87502-2550. Written comments must
be received no later than 5 p.m. on July 15, 2026.
A
public rule hearing will be held at 10 a.m. on July 15, 2026, via Microsoft
Teams and phone. Members of the public may participate by videoconference:
Microsoft
Teams meeting
Join:
https://teams.microsoft.com/meet/240182825813637?p=28PJoobinr90iHn8s7
Meeting
ID: 240 182 825 813 637
Passcode:
Ar23rQ3c
Or
dial in by phone:
+1
505-312-4308, 296020218# United States, Albuquerque
(888)
506-1357, 296020218# United States (Toll-free)
Phone
conference ID: 296 020 218#
Any
individual with a disability in need of a reader, amplifier, qualified sign
language interpreter, or other form of auxiliary aid or service to attend or
participate in the hearing should contact David Pardo, Deputy General Counsel, david.pardo@doit.nm.gov,
(505) 660-9714 at least seven (7) days prior to the hearing.