N.M. Admin. Code § 19.5.5.12

Current through Register Vol. 35, No. 23, December 10, 2024

Section 19.5.5.12 - ASSIGNMENT AND SUBCONTRACTS OF CONCESSION CONTRACTS

A. A concessionaire shall not transfer, sell, subcontract, encumber, assign, extend, renew, assign management responsibilities, exchange concession business or property or assign rights a concession contract grants, without the secretary's prior written approval. In addition, the above transactions may also require the approval of the New Mexico board of finance and the appropriate federal or state agency. Subcontracts are subject to the concession contract's terms and provisions.

B. The secretary may choose not to approve a transfer, sale, subcontract, encumbrance, assignment, extension, renewal, assignment of management responsibilities, exchange of concession business or property or an assignment of rights that a concession contract grants at the secretary's discretion or may place appropriate conditions on approval, including modification of the concession contract's terms and conditions as a condition of approval. The secretary shall not unreasonably withhold a sale or transfer or place unreasonable conditions or modifications on a concession contract as a condition of approval.

C. A concessionaire who seeks to subcontract services the concession contract authorizes shall submit a proposed subcontract to the superintendent who shall attach a forwarding letter with recommendations concerning the proposed subcontracting to the concessions administrator. The division may request additional information from the concessionaire as necessary for the subcontract's review and evaluation. The division shall notify the concessionaire after the proposed subcontract's receipts of its decision to approve or reject the subcontract. The concessionaire shall submit the subcontract for approval at least 90 calendar days prior to the subcontract's intended effective date to allow for approval by the board of finance and the appropriate federal or state agency, if required.

N.M. Admin. Code § 19.5.5.12

19.5.5.12 NMAC - Rp, 19.5.5.12 NMAC, 1/1/2008